Getting my Guns Back..

[hekel32spl]

It seems only right to Introduce myself a little first as this is my first post. after following PAFOA for at least 5 years, I've finally made the leap to join. I was introduced to this site a few years ago after a member (who was also on Opencarry.org) helped me out a lot by sending correspondence to a local PD after I had been harassed for open carrying my 6" S&W 686 when I was 19.

*Two years ago to the month, I was arrested, imprisoned without seeing a judge and accused of a crime I hadn't committed while I was legally concealing my G19 which wasnt related with the crimes I was charged with. The Dauphin County Sheriff revoked my LCTF for being arrested, and because of my low funds after losing my job and posting bond i had to settle for a public pretend-- defender. He talked me into taking ARD and I've since done 40hrs of community service and 6 months of ARD to have it expunged. I'm just glad that I can still get a new LCTF and I will be able to share my love of firearms with my daughter as she gets a little bigger.

*Now the case was closed on June 14th and I went 110mi from where I currently live, back down to Dauphin Co to visit my dad for the Fathers Day weekend. Before scheduling the trip I spoke with my PO and she assured me I should have no trouble getting my Glock19, two magazines, and my favorite orange Browning hat back from the police dept.
*Saturday before heading down, I called the PD holding the last of my property. I spoke with an LEO who told me that my property couldn't be released because they haven't received a letter from the Clerk of Courts stating the case is closed and suggested that my PO was lying to me. I informed him I'd only be in the area until Sunday and asked him if there was a way we could speed up the process he said I could speak with a Detective King who would be in on Monday. Later that afternoon I found myself in the vicinity of the PD and I stopped in with a letter I had from the Magistrate explaining that my ARD was over. I spoke with a Lieutenant who informed me Sgt. King was to work a shift with him Sunday morning at 0700 and he would talk to him for me, he told me to call back Sunday and ask for Sgt King.
*So Sunday afternoon I called and spoke with the same officer I spoke with on the phone the previous day. I told him what the LT had told me and he got upset with me, spouted that they need to have the ATF do ballistics on the firearm and told me to call tomorrow and abruptly hung up. I decided I'd spend an extra night visiting my dad and I called the PD Monday around noon... This time I spoke with Officer Cleck who seemed much more polite, he answered a few questions for me and informed me that Sgt King was on vacation for a few days already, and for the next 2 weeks, and that the other two LEOs i had spoke with should have known this. Cleck put me on hold and told me he spoke with the Chief who said the only person capable of releasing evidence was a Detective Minium who would be in Tuesday, but that they would have to check the serial of the firearm before releasing it anyway to ensure it wasn't stolen.
*Now my concern is that I've gotten so many different stories over the past few days that I dont know what to believe anymore. I know that the Serial was checked 2yrs ago, right after I was arrested, or at least that's what I had previously been told. It just seems to me like I'm being lead like a mule with a carrot in his face and I don't quite know what to do at this point. I'm posting hoping i might get a little more insight into the guidelines the police must really follow, and what I might be able to do. Mind you this isn't the first time I have encountered this sort of disorganization from this Dept, and it actually took me over two weeks to get my wallet, phone, cuffs, and other property from this PD when I was released from DCP. I also find it a little odd that the Magistrate which didn't allow me to be present for my arraignment before sending me to prison just so happens to be the former Chief of the PD that arrested me.

I thank you for taking the time to read this Lengthy post and if there was a better forum to post this in, please move it. I do apologize and tried to condense it as much as possible.

*..Oh, and finally I have one last question which the police refused to answer.. I suspect the answer is a No, but I had 31 bullets worth a good $50+ on my person in my mags and gun when I was arrested.. can I expect to get them back or be reimbursed?

[PaBimmerGuy]

you gun is probably in some cops dresser right now and they will stonewall you until you give up.

i know that the thin blue line will claim that guns dont disappear but ive had cops tell me that they routinely kept guns that they liked.

[MostlyHarmless]

I don't always agree with PaBimmerGuy. But he is right. You have more chances to get lucky with one of your ex-gf's, than to lay hands on your property again. Especially since you don't seem to have the spare cash to put some legal pressure on the PD.


Jan

[GeneralWashington]

you gun is probably in some cops dresser right now and they will stonewall you until you give up.

i know that the thin blue line will claim that guns dont disappear but ive had cops tell me that they routinely kept guns that they liked.

Yeah but a G19? Who the hell would want to go through the trouble for a Glock, especially when they get issued them?

[GunLawyer001]

The UFA includes this provision:

The Pennsylvania State Police and any local law enforcement agency shall make all reasonable efforts to determine the lawful owner of any firearm confiscated or recovered by the Pennsylvania State Police or any local law enforcement agency and return said firearm to its lawful owner if the owner is not otherwise prohibited from possessing the firearm. When a court of law has determined that the Pennsylvania State Police or any local law enforcement agency have failed to exercise the duty under this subsection, reasonable attorney fees shall be awarded to any lawful owner of said firearm who has sought judicial enforcement of this subsection.

[normanvin]

they need to have the ATF do ballistics on the firearm

???????????????

[glocke12]

my favorite orange Browning hat back from the police dept.

first time I have encountered this sort of disorganization from this Dept, and it actually took me over two weeks to get my wallet, phone, cuffs, and other property from this PD when I was released from DCP.

They took your hat???

Also, why did you have handcuffs?

[PaBimmerGuy]

Also, why did you have handcuffs?

maybe he means these.

[hekel32spl]

you gun is probably in some cops dresser right now and they will stonewall you until you give up.

i know that the thin blue line will claim that guns dont disappear but ive had cops tell me that they routinely kept guns that they liked.

Yeah, I assumed my bullets ended up in the arresting officers pocket.

Yeah but a G19? Who the hell would want to go through the trouble for a Glock, especially when they get issued them?

Well, it was a Gen2 and still has the gold Glock grease from the factory on the slide, when i purchased it previously owned it was unused. It also had Trijicon Night Sights and a Houge MonoGrip.

The UFA includes this provision:

The Pennsylvania State Police and any local law enforcement agency shall make all reasonable efforts to determine the lawful owner of any firearm confiscated or recovered by the Pennsylvania State Police or any local law enforcement agency and return said firearm to its lawful owner if the owner is not otherwise prohibited from possessing the firearm. When a court of law has determined that the Pennsylvania State Police or any local law enforcement agency have failed to exercise the duty under this subsection, reasonable attorney fees shall be awarded to any lawful owner of said firearm who has sought judicial enforcement of this subsection.

I am not Prohibited from owning a firearm, the charges were misdemeanors and summary's, and they have been or are being expunged. I plan to Call the NRA today, and if they cant help I intend to withdraw my lifetime membership as I've been a member for around 15years, and they refused to be involved in a situation I had involving opencarry a few years back. Perhaps I just need to find a lawyer willing to work pro bono.

[hekel32spl]

???????????????

my thoughts exactly

They took your hat???

Also, why did you have handcuffs?

They claimed my hat was important because my accuser described a person wearing an orange hat when he claimed someone threw a rock at his jeep.

I had been working Security in Harrisburg at the time, I was working on being trained in proper use of handcuffs at a local Fire Dept.. I regularly carried Handcuffs and a SureFire flashlight almost everywhere i went as religiously as I carried my handgun... they are black S&W's... on a side note.. i found it hilarious that when the officer arrested me and placed me in the back of his car he never removed my keyring from my pocket (which i still carry a handcuff key on).