Pennsylvania Firearm Owners Association
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  1. #1
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    Default Philadlephia Police Confiscate Gun from vehicle: Do not deem it feasible to return it

    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.
    Arms discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property....
    Horrid mischief would ensue were the law-abiding deprived of the use of them...........Thomas Paine

  2. #2
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    Default Re: Philadlephia Police Confiscate Gun from vehicle: Do not deem it feasible to retur

    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.

  3. #3
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    Default Re: Philadlephia Police Confiscate Gun from vehicle: Do not deem it feasible to retur

    Quote Originally Posted by icp4life162005 View Post
    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.

  4. #4
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    Default Re: Philadlephia Police Confiscate Gun from vehicle: Do not deem it feasible to retur

    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."
    ...
    Last edited by ImminentDanger; August 24th, 2021 at 02:52 PM.

  5. #5
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    Default Re: Philadlephia Police Confiscate Gun from vehicle: Do not deem it feasible to retur

    Quote Originally Posted by jthrelf View Post
    Will Delco listen to Philly's potential revocation "directive" though?

    Good luck OP. Absolute BS.
    Yes, they are democrats.

  6. #6
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    Default Re: Philadlephia Police Confiscate Gun from vehicle: Do not deem it feasible to retur

    Quote Originally Posted by bogey1 View Post
    Yes, they are democrats.
    Sadly, yes, DELCO had a good run, but it is lost, probably forever, now.
    "Everyone is entitled to my opinion." - Gman106
    "Everyone has a plan till they get punched in the face." - Mike Tyson
    "Get the hell out of my way." - John Galt

  7. #7
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    Default Re: Philadlephia Police Confiscate Gun from vehicle: Do not deem it feasible to retur

    Quote Originally Posted by icp4life162005 View Post
    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?

  8. #8
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    Default Re: Philadlephia Police Confiscate Gun from vehicle: Do not deem it feasible to retur

    Quote Originally Posted by ShadeRabbit View Post
    Why would Philly attempt to have his LTCF revoked? Because he was parked illegally?
    Because he has one is reason enough for them.
    Fuck joe biden and the ho beside him

  9. #9
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    Default Re: Philadlephia Police Confiscate Gun from vehicle: Do not deem it feasible to retur

    Quote Originally Posted by ShadeRabbit View Post
    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.

  10. #10
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    Default Re: Philadlephia Police Confiscate Gun from vehicle: Do not deem it feasible to retur

    Quote Originally Posted by bogey1 View Post
    Yes, they are democrats.
    and take orders from Soros who put them in those offices.
    We now live in an era which future generations will refer to as “the Great Deception”

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