Police Drag their feet in obeying Court Order for Return of Firearms

[Doc13067]

I was charged with some misdemeanors last spring because a man saw my gun inside my car while I was driving and he passed me. He said he felt threatened for his life even though I never even saw him. I was arrested and all of my guns (even the ones not on me and at home) had to be relinquished as a condition of bail. The charges were thrown out and the witness withdrew his statement. Then I got a court order for the return of my property. Here is the issue. The order was issued the 15th of December and I still do not have the guns back. Every time I call to ask how the paperwork is going they say the guy who handles that is busy so call back tomorrow. This has gone on the whole time now and I still have no idea when Ill be getting them back. I called the DA and the court and they both said it was out of their hands and that it was up to me to collect my property now that the court order has been issued. But if that's the case and there is no penalty in place for not getting them to me in a timely fashion, then they never really have to give them back. What I want to know is, how can I force the police to obey a court order? Because as of right now, there is nothing I can do and they can keep those guns as long as they want regardless of the court order simply because there is no due date on the order. It's ridiculous.

[comsubin61]

Maybe a lawsuit will do it. Or talk to your attorney.

[Deleted]

Sure there is... contempt of court. Have your attorney serve the evidence officer and then have your attorney goto the Common Pleas Judge. Judges don't like having their orders ignored.

[The_War_Wagon]

Sure there is... contempt of court. Have your attorney serve the evidence officer and then have your attorney goto the Common Pleas Judge. Judges don't like having their orders ignored.

For DAMN sure I'd be on THAT like "hot" on an IGGLE'S cheerleader!!! I wouldn't want to be UN-armed in Filthy one nanosecond longer than necessary!!! Keep us posted!

[HiredGoon]

Is it PPD or PSP that have your guns?

[PaGunner]

You mentioned you have called a number of times. If you know where your firearms are located I would go there with any documentation of the court order and demand to have them back. I would not leave until they are returned regardless of what they say. If they say "Come back later we're busy" you kindly tell them they aren't going to get rid of me without returning your firearms. Don't be afraid to threaten with a lawsuit, that tends to get government workers moving .

[Statkowski]

Don't be afraid to threaten with a lawsuit, that tends to get government workers moving .

What helps the threat work is when you start scribbling down people's names and job titles in a little notebook. When a bureaucrat is no longer anonymous you tend to get his/her attention better.

DOCUMENT EVERYTHING REGARDING THIS ISSUE!

[GunLawyer001]

I've never had this happen. I wonder if you'd get anywhere by asking the Sheriff to enforce the court order...send a certified letter to the Sheriff, CC the police chief, get some interdepartmental tension going....

[ImminentDanger]

FYI... Apparently the OP is pursuing this without a lawyer...

The OP continues to create new threads for this ongoing issue. These previous threads explain the background...

http://forum.pafoa.org/pennsylvania-...le-permit.html

http://forum.pafoa.org/pennsylvania-...ned-state.html

...

[marinakorp]

When I had an issue with the Upper Merion PD several years (a domestic dispute with a room mate...log story) and they confiscated my guns for safety reasons... no receipt given (etc). No trial, no charges (etc)... jut no guns, ammunition, bow and arrows, camping axe (etc)

They gave me the run a round... only the officer that confiscated them can give back.. he is on patrol... can't give particulars on when he will be back, can not cet up an appt (etc).

I finally went back and said to the clerk that my ATTOURNEY has advised me to attemt ONE LAST TIME to retrieve my property before having to seek other legal remedies.

Their ears perked up at the emphasis on ATTY , ONE LAST TIME, and other legal remedies.... i had my guns within the hour.

if not... not sure what your options are.