Help, need some answers about a problem

[RugerFan]

My live-in girlfriend and I got into an argument because I found out that she was cheating on me. The Philly police were called to the house and at the time I had my 40 ruger on me. They came in handcuffed me, and disarmed me. They took my statement and hers, they then asked her if I had pointed the gun at her or drew my firearm at any time. She said no, but then she said that she thinks that I made a threat to shoot her but she couldn't remember if or what I had said. They asked my kids did I say anything like that and they said no. I told the cop that the only reason that I really had my firearm on me, in my house, was because 30 mins earlier my girl heard what sounded like gunshots. Her and 2 of my children were in the house at the time. The cops then uncuffed me and told me that I wasn't going to be charged with any crime, but they are going to confiscate my firearm. When they did, I asked for some kind of property reciept and they told me they didn't have any and that they don't carry them. So I ask you fellow members, did the police violate any laws or my rights by taking my gun. And how do I go about getting it back. Thanks for all your help and advice.

[Pa. Patriot]

If your story is exactly as stated.

1) Yes, they violated the law by keeping your property.
2) Yes, they violated the law by not giving you a receipt.
3) Get an attorney ASAP

[RugerFan]

Hey PaP,yes, It's exactly as I stated. She also said that she felt threated because I pushed a pizza box on the floor and was pounding the kitchen countertop. LOL....Will this affect me from owning any firearms, and what would happen if I just left it there.

[sid]

I can't see how it would effect you since you didn't assault her and there were no charges. If you were charged then maybe you would have a problem at least a temporary one.

I'm by no means an expert but this is just my .02 "common sence"

Sid

[NineseveN]

Stop talking and get a lawyer....doing anything other than that is at your own peril. You can tell us all about it after the legal business is over.

[RugerFan]

Thankx yall, I knew I could count on you guys.

[knight0334]

And dont forget to take the trash out to the curb..

[wsd302]

Philly Pd does not carry property receipts while on patrol. I can't think of a law that was violated by not giving you a receipt but the taking of your gun would have been documented on their initial report and the property receipt number would be documented on that as well. Call the district and have them give you the incident number for the address, you will need the date as well. Keep this number handy for future needs(lawyers?). You are entitled to your copy of the receipt and that is a reason to go to the district.
You can make an appointment with the District Captain and ask that he have the property authorized to be returned to you or you can get a lawyer and go through the courts. I don't know how you would make out at the district but it is worth a try. Your gun would have been taken to Police Headquarters and stored at the FIU. Your gun may have been labeled for safe keeping and that would make the process for you a whole lot easier to have the gun returned. And cheaper too!
I am not saying that I agree with what was done, just trying to give you a little help with your questions.

[normanvin]

If your story is exactly as stated.

1) Yes, they violated the law by keeping your property.
2) Yes, they violated the law by not giving you a receipt.
3) Get an attorney ASAP

Listen to what he says.

Philly Pd does not carry property receipts while on patrol. I can't think of a law that was violated by not giving you a receipt but the taking of your gun would have been documented on their initial report and the property receipt number would be documented on that as well. Call the district and have them give you the incident number for the address, you will need the date as well. Keep this number handy for future needs(lawyers?). You are entitled to your copy of the receipt and that is a reason to go to the district.

They removed his weapon with out his permission. He has only his word and that of his witness that the police took it. This may or may not make it into the report. And the report may or may not be factually correct.

What was the reason for the confiscation?

[stopphillysmrdrrate]

The gun most likely has been taking for safekeeping because of the domestic dist. at your house and because the children were at the location....is it right?...def not but it does happen...and I personally know that PD supervisors do not encourage gun confiscations with out a felony arrest...they had some big nuts to do that...call the captain,lt, or sarge at the district...Usually something as simple as a certified letter from counsel will change the "legal" stance the PD maintains. IA does not wanna deal with civil rights issues at all