Gun being held by PSP

[Blastem]

Without going into precise detail my brother unfortunately decided to take his life about 6 weeks ago using a handgun. That night PSP investigtors told my father that they concluded no foul play and that the case would be promptly closed. No additional communications since that night have been made by PSP and the corner released him that night with no autopsy. They retained the gun and a few clips and said it would be released in about two weeks. As you could imagine our family is devisated and we are trying to bring as much outlying issues to closure as swift as possible. I have made two calls to the barracks the first was asking some questions on how to pick the weapon up and if we can have our local gun shop owner/friend retrieve the gun. Detective said that he would have to ask his superior and get back to me. This call was on week three and no return call as of yet. I left a message for him early last week to check up on the situation. My issue is they left no paperwork with any of the family as to what they retained that night from his residence. If they do in fact need to retain the weapon for a longer period of time for some reason then it is what it is and we will wait but I am going to request some type of formal document that details what they retained from the residence the night this occured. I guess I just question why one guy tells us one thing and then another says something opposite? Just looking for some advice. Would like to not have the gun go mia because no one kept following up on the issue. I feel my only option is to get some type of record that they have the property at the very least.

[BimmerJon]

Why would you want it back?

Eerie reminder. Sorry for the loss

[Hokkmike]

Talk to them in person. Be polite. Sorry for your loss.

[PAMedic=F|A=]

Talk to them in person; get a copy of the incident report if nothing else

[GunLawyer001]

While the UFA requires them to provide a receipt, there should also be some mention of the "recovered" firearm in the incident report.

[39flathead]

While not the same circumstance, it took me over a year of cat and mouse to get one of my guns back from PSP.

I would suggest that you show up in person during the day when it is likely the detective in on duty.



Whose gun was it?

I guess what I'm asking is that will they even release it to just any family member?

[Kramer]

I am sure that they will give it back, but they might not have the investigation finalized yet.

Keep in mind before they give it back, they might make someone go through a NICS check. I saw that happen at a local gun shop a few years back. A PSP detective had a woman met him at the shop, fill out the paperwork and had her run though the PICS. It turned out that her husband took his own life with that gun and they were giving it back to her.



BTW sorry for your loss.

[redeye202]

You need to speak to the officer who took possession of the gun at the seen os the event, that will be in the official report that he/she must make, the gun will have a incident report on it and have a tag with the incident number on it, the gun will be put in a locker in the evidence room.

After speaking to the investigating officer you will need to get a copy of the official report, take that to the PSP barracks, speak to the trooper on desk duty, explain the event and that you are a direct relative of the person who owned the gun and have come to claim it, provide incident number and your ID, the gun will be placed in YOUR name after they do a NICS check on you [there is no charge].

This is what we went through to get the rifle my son had in his truck the day he was killed in a accident, my daughter was the one who took possession of her brothers rifle.

I hope this is of some help to you.

Sorry for your loss, it will take time to come to terms with what has happened, but you will.

[GunLawyer001]

You need to speak to the officer who took possession of the gun at the seen os the event, that will be in the official report that he/she must make, the gun will have a incident report on it and have a tag with the incident number on it, the gun will be put in a locker in the evidence room.

After speaking to the investigating officer you will need to get a copy of the official report, take that to the PSP barracks, speak to the trooper on desk duty, explain the event and that you are a direct relative of the person who owned the gun and have come to claim it, provide incident number and your ID, the gun will be placed in YOUR name after they do a NICS check on you [there is no charge].

This is what we went through to get the rifle my son had in his truck the day he was killed in a accident, my daughter was the one who took possession of her brothers rifle.

I hope this is of some help to you.

Sorry for your loss, it will take time to come to terms with what has happened, but you will.

Being a direct relative isn't technically enough, you have to be someone with the power to release the state, someone who can sign on behalf of the decedent's estate. Some PD's will waive that, and release to a parent or sibling or child, but there's a risk there. The estate is the owner, while family is just "likely heirs" or "probable executors".

If you form an estate, have yourself appointed Executor or Administrator, get a short certificate, THAT gives you the same standing as the owner of the gun.

But they may release the gun to "family" anyway, we've seen it happen, if you approach them with a courteous attitude. Just be prepared for legitimate refusal, the PD is obliged to return the gun to the "owner", and that's the estate, through its legal personal representative.

[redeye202]

GL, that's what they did in our case, they released it to a direct family member.