Philadlephia Police Confiscate Gun from vehicle: Do not deem it feasible to return it

[KA3OYJ]

Looking for some info/help, here is the story:

Son parked illegally in Philadelphia, tow truck driver picked up his car and his gun fell out of where he had stashed it(he does have a CCP from Delco)
Police were called and they broke into his car and confiscated his gun. We sent 2 letters to the Chief of Police requesting return of the firearm as was the
direction given to him by police. After 3 months he finally got a letter that stated that they needed to do an investigation. Another 3-4 months went by and he
got a letter from detectives who did the alleged investigation stating that the police after doing an investigation by the detectives found that it was "not feasible to return his firearm" and it he wanted he could file a petition in Common Pleas Court for the return of his property.

Has anyone had this happen and were you successful in the return of the firearm? Frankly I think this is BS but I am trying to keep a cool head.
Son has never been in trouble with the law.

[icp4life162005]

2 options, call a lawyer, or write it off.


The bigger issue, is they may try to pull his license to carry a firearm, without notice.

Meaning if hes carrying right now, it could be illegal. Philly is fucked.

Call Phil Kline aka GunLawyer who is a moderator here on the forum.

[jthrelf]

2 options, call a lawyer, or write it off.


The bigger issue, is they may try to pull his license to carry a firearm, without notice.

Meaning if hes carrying right now, it could be illegal. Philly is fucked.

Call Phil Kline aka GunLawyer who is a moderator here on the forum.

Will Delco listen to Philly's potential revocation "directive" though?

Good luck OP. Absolute BS.

[ImminentDanger]

I don't know if this has been tested recently or in Philadelphia.
You could try it on your own, or contact a lawyer to proceed, if you think it's worth the money.


From an older thread: https://forum.pafoa.org/showthread.php?t=54746
STOP, DETAIN, SEARCH - What CAN an Officer Do Legally (IANAL)


Return of Seized Property
COMMONWEALTH v. ROSS - DECEMBER 8, 2011
(Commonwealth Court 250 C.D. 2011)
https://cases.justia.com/pennsylvani...0-c-d-2011.pdf

More specifically, motions to secure the return of property seized by police are initiated pursuant to Pa.R.Crim.P. 588. Under this rule, on any motion for return of property, the moving party must establish by a preponderance of the evidence entitlement to lawful possession. Once the moving party provides sufficient proof, the burden shifts to the Commonwealth to resist the return of property by proving the property is contraband. Commonwealth v. Crespo, 884 A.2d 960 (Pa. Cmwlth. 2005).

Johnson v. Commonwealth - AUGUST 1, 2007
Commonwealth Court 931 A.2d 781, 783-84 (Pa. Cmwlth. 2007)
http://www.pacourts.us/assets/opinio...-1-07.pdf?cb=1

There is a dearth of case law addressing the question of whether a petitioner has met his initial burden of proving that he is the lawful owner of the items seized. Commonwealth v. Younge, 667 A.2d 739 (Pa. Super. 1995). This is because the only burden of persuasion placed on a petitioner under Rule 588(a) is entitlement to lawful possession or ownership of the subject property. Commonwealth v. Stipetich, 623 A.2d 360 (Pa. Super. 1993). In fact, a mere allegation of entitlement meets this burden. Younge, 667 A.2d at 741-42.

"At a minimum, our rules and case law mandate Johnson properly allege, under oath, lawful possession."

...

[bogey1]

Will Delco listen to Philly's potential revocation "directive" though?

Good luck OP. Absolute BS.

Yes, they are democrats.

[Gman106]

Yes, they are democrats.

Sadly, yes, DELCO had a good run, but it is lost, probably forever, now.

[ShadeRabbit]

The bigger issue, is they may try to pull his license to carry a firearm, without notice.

Meaning if hes carrying right now, it could be illegal. Philly is fucked.

Why would Philly attempt to have his LTCF revoked? Because he was parked illegally?

[Walleye Hunter]

Why would Philly attempt to have his LTCF revoked? Because he was parked illegally?

Because he has one is reason enough for them.

[jthrelf]

Why would Philly attempt to have his LTCF revoked? Because he was parked illegally?

Because he had a firearm in his car. There is precedence for Philly revoking LTCFs if firearms get stolen out of a vehicle. Absence theft and with an outside county's LTCF - unknown. But still some cause for concern.

[JenniferG]

Yes, they are democrats.

and take orders from Soros who put them in those offices.