LTFC Confiscated

[limingbin]

I was a recent victim of firearm theft, reported on February 1st, 2019 11:00 pm to my local precinct. My firearm was stolen from my vehicle and I reported the incident upon the discovery of said theft. I agreed to be interviewed by Detective S to file a report, and was subsequently asked to return to retrieve my belongings left at his desk. I returned to the precinct February 3rd, 2019 1:30 am and to my surprise, Detective S asked for my LTCF and informed me that he will be confiscating it. I did not receive a property receipt for this confiscation nor any written pertinent information. I had stated my position that I did not lose my firearm due to negligence, it was intentinally stolen in an act of vehicular burglary. But the Detective maintained his position that I was not fit to continue carrying.

According to John Doe, et al., v. City of Philadelphia, Philadelphia Court of Common Pleas docket no. 121203785, order by Judge Jacqueline Allen:

“The City will not confiscate an LTCF or firearm, unless there is probable cause that the LTCF or firearm is evidence of a crime. In the event an LTCF or firearm is confiscated, the officer must immediately provide a property receipt, which shall include the pertinent information”

Any members here have experienced this? I’ve already contacted the Police Commissioner, City Council member, Mayor’s Office and my local precinct. Waiting for a response. I’m ready to file a suit in Court of Common Pleas, if you have any information on how that can be done or how I can possibly get my LTCF back that would be greatly appreciated.

[gnbrotz]

I was a recent victim of firearm theft, reported on February 1st, 2019 11:00 pm to my local precinct. My firearm was stolen from my vehicle and I reported the incident upon the discovery of said theft. I agreed to be interviewed by Detective S to file a report, and was subsequently asked to return to retrieve my belongings left at his desk. I returned to the precinct February 3rd, 2019 1:30 am and to my surprise, Detective S asked for my LTCF and informed me that he will be confiscating it. I did not receive a property receipt for this confiscation nor any written pertinent information. I had stated my position that I did not lose my firearm due to negligence, it was intentinally stolen in an act of vehicular burglary. But the Detective maintained his position that I was not fit to continue carrying.

According to John Doe, et al., v. City of Philadelphia, Philadelphia Court of Common Pleas docket no. 121203785, order by Judge Jacqueline Allen:

“The City will not confiscate an LTCF or firearm, unless there is probable cause that the LTCF or firearm is evidence of a crime. In the event an LTCF or firearm is confiscated, the officer must immediately provide a property receipt, which shall include the pertinent information”

Any members here have experienced this? I’ve already contacted the Police Commissioner, City Council member, Mayor’s Office and my local precinct. Waiting for a response. I’m ready to file a suit in Court of Common Pleas, if you have any information on how that can be done or how I can possibly get my LTCF back that would be greatly appreciated.

You may want to contact Prince Law, since they are the ones that settled that case. They'd may be interested to know that the city is not in compliance with the agreement.

https://www.princelaw.com/

[limingbin]

Thank you for the reply, I have sent them a message as well. Ideally, I would like to find a method of retrieval that would avoid a lengthy legal process if possible. I can certainly live without the LTCF but I feel like I’ve been victimized twice, from the theft of my only carry firearm and then have my permit confiscated as though I had been at fault. I don’t feel that justice was applied appropriately.

[gnbrotz]

Thank you for the reply, I have sent them a message as well. Ideally, I would like to find a method of retrieval that would avoid a lengthy legal process if possible. I can certainly live without the LTCF but I feel like I’ve been victimized twice, from the theft of my only carry firearm and then have my permit confiscated as though I had been at fault. I don’t feel that justice was applied appropriately.

Understood. Unfortunately, I doubt there is any way you will regain possession of your LTCF without the assistance of an attorney. That could still mean a relatively 'quick' resolution...perhaps as simple as a phone call to make the point that the PD action will not simply be "accepted", but I don't see them changing their mind and returning it without at least the perception of a coming shitstorm if they do not.

I assume the detective already had possession of the LTCF when he informed you of his intentions? There is ZERO legal basis for the "confiscation" of a LTCF in the law, and I wouldn't hand one over if I were told that were the intent.

If someone is truly not suitable, the revocation process comes into play. If you receive notice that your LTCF has been officially revoked (reason must be stated, and must be one of the reasons actually listed in the law), you are then obligated to surrender it, but there are too many cases where LE KNOWS they can't justify a revocation, so they just "confiscate" the license. This also makes it more difficult for you to exercise your RIGHT to appeal a formal revocation.

[raxar]

Don't live in Philly

Don't be involved with a woman that wants to live in Philly

Don't accept a job that requires you to live in Philly

[God's Country]

Knew it was Philly as soon as I read the title.

Do go after the mother fuckers.

[Walleye Hunter]

Who would have ever thought that they might use mandatory reporting of firearm theft to disarm the law abiding citizens?

[internet troll]

Don't live in Philly

Don't be involved with a woman that wants to live in Philly

Don't accept a job that requires you to live in Philly

New it was Philly as soon as I read the title.

Do go after the mother fuckers.

When I saw the title the first thing I thought was this guy is going to be from Philly.

OP, sorry to hear. Philly has a bit of a god complex when it comes to your Constitutional rights not really caring about the purpose of the Bill of Rights. My guess is that the officer involved is using the character and reputation clause. My guess is they are thinking, “he left a gun in the car, he is not a character we want carrying”.

You are on the the right track by contacting a lawyer. Good luck.

[Krichardson]

Limingbin please keep us updated.I would like to see how this turns out.

[God's Country]

I think I would have been very tempted to refuse. Fuck them. Arrest me.