Arrested, Cleared, But Gun Not Returned

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BarryLee

New member
It is often pointed out that if involved in a shooting you will have your weapon confiscated and it may be difficult to get it back even if cleared in the shooting. Here is an example of a suburban Atlanta businessman who was improperly arrested and even after the Judge dismissed the case can’t seem to get his weapon back.

So, basically the gentleman owns a furniture store in an area of DeKalb County that has an above average crime rate. He has a Georgia Weapons License and carries a handgun on his private property. One day as he is investigating some strange people in his parking lot the Police arrive in response to a neighboring business owner’s call about the same individuals. He apparently notified Police of his gun along with the fact that he had a license at which time they disarmed him and placed him in the squad car. They then arrested him for loitering, confiscated his gun and towed his personal vehicle.

When the case went before a Judge the case was dismissed. However after a year he still has not received his gun back after repeated attempts to retrieve it. At this point he has retained the services of an attorney seeking his weapon, financial restitution for towing and an apology. I suppose there could be more to the story, but apparently the Judge did not think so and Police are not talking. Again, just an example of how you could loose your private property and how some Police Officers may feel no obligation to return it.

http://www.wsbtv.com/videos/news/business-man-arrested-for-having-gun-on-his-own/vCJhbG/
 
That kind of thing has some influence over what I CC. I would be upset to lose any of my guns but if it was one that was a gift, passed down from dad or grandpa, or valuable and rare I would be very upset.

Even though it is illegal for the police to wrongly deprive someone of their property it happens a lot and generally a blind eye is turned.
 
Slightly off topic, but if one is detained for whatever reason as in the case cited, if you were on your own property, would the police have the right to seize every gun on the property?

For example, if you have a CC and a neighbor complains that he/she can see your weapon, can the police, in the course of investigation, force you to open your safe and seize every weapon there or can they only seize the weapon that initiated the complaint?

I can imagine some guns "vanishing" into thin air.
 
Once I had to get a letter from the judge to get one back. Regardless of value of gun it's the principal of the matter. I was instructed by property room personnel that's what I needed to get it back.
 
I suppose there could be more to the story, but apparently the Judge did not think so and Police are not talking. Again, just an example of how you could loose your private property and how some Police Officers may feel no obligation to return it.
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A slightly different take on the subject...
In most parts of Utah, it is quite common for people to believe they can't get their firearms back after being confiscated, or can't get the firearm of a family member that committed suicide. However, they just have to formally request return of the firearm from the judge handling the case. The Judge can deny the request, for no reason whatsoever, but doing so is extremely uncommon.

In a recent case involving a suicide with a family heirloom pistol, and confiscation of a CC firearm from a witness, the family paid a lawyer over six thousand dollars to "fight" to get the handguns back. Part way through the lawyer's "process", the wife of the deceased got a phone call from the Sheriff's office, asking if she was ever going to request the firearm from the judge, so it would stop rusting in their evidence locker.

Within the week, both firearms were released for pickup by their respective owners. :rolleyes:
 
This is really the kind of thing that needs to go to the courts and requires a big settlement, it would send a message to anti gun localities like Chicago, New Orleans, Atlanta etc that they cannot "punish' lawful gun owners simply because they dislike the 2A without consequences
 
JERRYS. said:
he needs a lawyer to sue to get his gun back it seems, though he shouldn't need to do so.
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That should not be the case at all. Petition the judge yourself. The heck with the lawyers!! I'm sure they've already got enough of his money.
 
Quite probably, all it would take is letter from the District Attorney to the agency holding the firearm. The case is disposed of and appeals are not an issue. Believe I would petition them in writing, first.
 
Not to derail this thread, but can anyone clarify if the sheriff can legally require a person to present "proof of ownership" to reclaim a stolen rifle that has been recovered by the sheriff's department? What would you consider legal "proof of ownership", a bill of sale, receipt from FFL, or something else?

I had a buddy who saw his SKS on the local news in a picture of the spoils of a sheriff's drug bust. He was told he would have to provide documentation of his purchase of the rifle to reclaim it. He did file a report on the break-in when it was stolen, but either the rifle was purchased from another individual without a bill of sale or the bill of sale had been lost. This buddy never took any further action, and the rifle was not a great specimen of SKS.

I am wondering about a couple of my undocumented firearms that were legally purchased but without paper work. I do have serial # photographs stored online, for what that is worth.
 
What would you consider legal "proof of ownership", a bill of sale, receipt from FFL, or something else?
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I've heard of at least two local instances in which just a photograph was enough 'proof'. They were in the same situation - private transfer, no paperwork, no official proof of ownership whatsoever.

Whether or not that would suffice in other areas would likely be highly dependent upon local regulations and politics.
 
I had a friend (deceased) who owned a gunshop that was broken into and several guns were stolen. One of the guns was a customized Colt DA revolver (model I can't remember). It was recovered by NYPD. After all the legal stuff the judge said he could get the gun back. It took nearly a year and several letters from the judge to help get the gun. The Judge finally had to threaten to hold the property officer in comtempt of court to get the gun back. When he did receive the gun it was nothing more than a bad paperweight. The custom grips were removed, the barrel had been replaced, several internal parts were missing or had been replaced with extremely worn parts. The only part that was original was the frame. My point is to make sure it is in the same condition as it was when it was taken.
 
Not to derail this thread, but can anyone clarify if the sheriff can legally require a person to present "proof of ownership" to reclaim a stolen rifle that has been recovered by the sheriff's department? What would you consider legal "proof of ownership", a bill of sale, receipt from FFL, or something else?
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I had a handgun stolen from me about 15 years ago. Reported it to the Police, gave them the serial number. About 6 months later I got a call from police in a city 100 miles north of me they had my handgun. It was used in a crime. When I picked it up, all I had to do was show my FOID card and I was on my way with my gun. I guess my original report was proof of ownership?
 
Not to derail this thread, but can anyone clarify if the sheriff can legally require a person to present "proof of ownership" to reclaim a stolen rifle that has been recovered by the sheriff's department?
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Apparently so. I spend a certain amount of time pulling 4473's so folks can prove ownership of weapons to law enforcement.
 
Apparently so. I spend a certain amount of time pulling 4473's so folks can prove ownership of weapons to law enforcement.
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So if my receipt from a man on arms list burns up in a fire they can keep my legally obtained gun?

OR is this only in certain states?
 
I would think if you have a list of model and serial numbers, and maybe pictures, that would be enough to establish ownership in any sane persons mind.
But when dealing with the legal system who knows for sure? I have heard some real horror stories when it comes to getting them back from an evidence lock up. From being striped, or "lost", to being "mistakenly" sent to the melt pile. Hope I never have to find out.
 
Chaz88 said:
But when dealing with the legal system who knows for sure? I have heard some real horror stories when it comes to getting them back from an evidence lock up. From being striped, or "lost", to being "mistakenly" sent to the melt pile. Hope I never have to find out.
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This is why I don't carry a gun I care about for self-defense purposes. I carry a lower priced pistol that I know is reliable, but over which I won't cry my eyes out if it ends up being ruined or lost in police custody in the event I ever have to use it for the intended purpose.

I'm a 1911 person. Older Colt M1991A1s are excellent candidates for this usage. They are still Colts, but they aren't obscenely expensive and the finish even when new wasn't anything to write home about. I can carry an M1991A1 without obsessing over it, and keep the Mark IV safely at home.
 
The issue I see is how can you prove (not who said they own it) but who can you prove was the last one that purchased it or inherited it? While there is some argument to the fact that filling a false police report is against the law, what if you purchased the firearm through a private sale, not knowing it was stolen previously from the person who purchased it originally, and that owner was never made whole, as in firearm returned? There can be many issues when this comes up as I see it. So, to start off with, how was the firearm purchased? Through a FFL? If so should be easy enough to clear up. If not, it may not be if ownership is contested.
 
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If the person that it was stolen from can show they have a prior claim, such as a stolen gun report it is theirs. Even if they have been compensated you do not have a claim even though you paid for it. The insurance company now has the first claim to it. At least that is my nonlegal person understanding of these things.
 
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