My gun is not being released by the police when they should be doing so......

[LutherJackson]

Kind of a different scenario but here's what happened to my best friend;

He was going away on vacation and was showing his sister, who lived with him, how to load and unload the guns in case she needed to use them. Don't know how, but as he was unloading his .40 Taurus, the gun fired, tore through his pinky finger, and then went through his sisters thigh. Police and detectives were on the scene for the next two days, and the gun was taken by the detectives and given to the State Police, as evidence.
After the DA, and I assume the detectives, decided it was an accidental discharge, they said he could have his gun back. This was about three months after the accident.
My friend had to have the DA release the gun, which was under evidence kept by the State Police. The State Police held onto the gun for another 2 months, before they would even get back to him. He contacted a lawyer, who told him that the legal process and fees would:
A. Take longer than waiting it out
B. End up costing more than what the gun was worth
C. Really no possibility of any monetary reimbursement

The gun was actually deemed "unsafe" and "had a high probability of malfunction again". He eventually told the State Police to just destroy the gun, as he had numerous issues with the gun before anyway.

So basically, wait it out, or take the loss. If it was a collectible or something that cost around $800 plus, I would say pursue legal action. Otherwise, it's not worth it.

[chiefdjs]

It is wrong that you, a victim, needs to go out of your way to have your property returned. Before I retired, I was always happy to reunite property, especially a firearm, back to a victim as soon as I was able to release it and enjoyed seeing the citizen happy to get their property back.

I would follow Uncle Jumbo's advice and contact the Victim/Witness Advocate and explain your frustration. That person may make a call to expedite the return of your property. If not, ask the advocate if it is possible for you to file a motion for return of property. It may cost you a small filing fee at the Clerk of Courts, but may get you in front of a judge who may issue an order for return of property, especially with the DA stating it can be released. If you can do the motion, make sure you have a representative from the DA Office there who can testify that the DA's position is that the property can be returned..

Another option, depending on location and politics of the area, go to your local PA State Representative or Senator and see if he will contact the solicitor of the political subdivision that employs the chief of police. If the DA said the property can be released and the chief is not doing so, the local rep or senator should want to assist you get it back. In some areas the solicitor may listen to the politician and assist you the citizen get your rightful property back by discussing it with the chief and advising him to return it. After all, solicitors advise the local supervisors or council members who the chief answers to and also like to have clout with the state reps and/or senators to better serve their local politicians.

I wish you well in getting your firearm back and hope some of my ideas above assist you in your pursuit.

[ShooterInPA1]

Yes, just like a gun at a dealer for consignment, you have to have a PICS check to get it back from the police. Our property officer handled those and they were free of charge.

Generally, it's up to the DA when the evidence can be released. Then, when the DA gives the go-ahead, the officer has to notify the custodial officer that evidence from X incident can be released.

I would say your best bet is to check with the DA's office first. They will probably have a victim/witness coordinator that is supposed to be your advocate. The victim/witness coordinator may even contact the relevant parties at the police station to get the ball rolling.

Good luck.

Finally was able to get the gun back.....only after threatening to have a judge intervene and get the gun released. Food for thought the next time anyone experiences this.

[streaker69]

Why don't you sue the thug that was in possession of your stolen gun.

Umm, yeah. We're not supposed to use 'thug' anymore, the PC term is 'aspiring rap star'.

[CleanDean]

I'm happy for you shooter. No worse anxiety ..than feeling that you are getting robbed from....twice.
Good story for a reference on...legal procedure.

[chiefdjs]

Finally was able to get the gun back.....only after threatening to have a judge intervene and get the gun released. Food for thought the next time anyone experiences this.

Good for you Shooter. I would like to say congratulations but it was not like you won a prize or anything. You were only trying to get back what was yours and what should have been returned previously.

I am very glad that you followed through and also posted the results.

[mmi]

if the department has a history of this why not get a class action going you will need to find a lot of other victims

[ShooterInPA1]

if the department has a history of this why not get a class action going you will need to find a lot of other victims

I spoke with someone in the Sheriff's office before I made the threat to get a judge. When I asked if they could expedite the process, they said, "but you might shoot somebody if you get the gun back". No shit. Almost word for word.

I have never had even a traffic stop and this clown in a uniform is telling me I cannot get my own property back because I might shoot somebody.

I was thoroughly pissed and asked "Do they not give stolen cars back because drivers might hit somebody?"

"But that's different" he said.



That call is what compelled me to call the DA and tell them I want a judge involved. I was going to play nice and just wait it out, but after that, I was pissed.

[viva la ben]

Did the OP have homeowners or renters insurance? I had a handgun stolen from my home, and the insurance claim paid out close to the value of replacement(firearms depreciate very slowly).
I was contacted by the police when it was recovered, and they added there were seven open cases on the handgun. Stolen firearms can switch hands several times a night. You might not want the weapon back.

[ShooterInPA1]

You might not want the weapon back.

Speak for yourself. It is my gun and being an inanimate object, committed no crimes. What don't you understand about that simple concept?

Do you not want a stolen car back either because it may have been used to commit crimes?