guns confiscated by police

D

dalegribble

New member
I have my father in laws .38,S&W model 36. I am not sure of the age of the gun, possibly early 1970's or before. it is a blued model in very good condition. my question is, this gun was used in a double shooting (legal) but was confiscated as evidence and marked with an electric pencil. other than the electric pencil markings the gun is about 95%. obviously the gun was returned to my father in law after the investigation. I was just wondering how the police markings would affect the value.
 
It would knock the value way down for me, if i would even want it at all. ( bad karma thing) but maybe not as much for others?
 
It would have a huge effect. For me, it would render a nice $500 S&W into a $200-$300 project gun because I would have to get it refinished.

As a side note, I wonder how it ever got to be okay to damage someone's property??? If the manufacturer, model and serial number is enough for the ATF to track it from manufacture through retail purchase, it should be plenty for ANY investigating agency.
 
It would depend on the story for me. Did it shoot 3 gang bangers or a store clerk?
A gun that shoot 3 gang bangers might make up for the damage as a conversation piece.
 
I had a friend in Ca. that had the same thing happen basically. He had to threaten the heck out of them, but the city eventually paid to have his revolver refurbished. They marked the case number clear across the side of it. No class and no reason for them to do something like that.
 
I'd get the newspaper artical, and police report, and the autopsy report if possible to go with the gun... Then bump the gun up $200. in price.
 
A good story attached to a gun can enhance the value a lot.
Isn't that why the guns of the 1930s gangsters and the guns of the wild west gunslingers are so valuable?
 
the electo pencil marks are along the bottom of the frame. the situation was an attempted robbery at a corner bar, my FIL was the insurance agent for the bar doing business with the owner. two gang bangers? with a pistol and a shotgun. the shotgun went off near my father in law, he drew and shot both. one died at the scene, one died sometime later of complications of his wounds. this happened in nys, he was licenced to cc in the state of ny.
 
If it was going to be a gun that I carried the markings wouldn't bother me. I wouldn't pay top dollar for it though. The last model 36 bought I think I paid $385 and it was in great shape. I probably wouldn't pay over $250 for one that had electric pencil engraved marks on it. But, then again, I don't know the person involved in the story.
 
I think if it's a good story, it could enhance the value.
I think that is rather rude and unnecessary to mark the gun like that. A tag should suffice.
dc
 
Actually marking the firearm is normal. I used my initials. There is a legal burden that the police must meet called the chain of custody. Breaking this chain of custody can cause physical evidence to be devalued, even cause to become inadmissable. In cases where the arresting officer or evidence officer has a gun come into custody they will mark it with a unique marking. This is pretty much the rule with criminal case evidence. The marking is so the officer testifying in court can attest that the gun in court is the same one he recovered. For example... " Officer do you recognize this handgun?" "yes" where do you recognze this gun from?" "I removed this gun from the defendants front right hand pocket on 12 december 2012" How can you be sure it's the same gun?" " This gun is a colt detective special revolver ser23432" "Officer is that the only way you have to be sure it's the same gun?" " No my initials are etched into the frame behind the hammer" Your honor move to enter as evdence marked peoples 1" The Judge would ask the defense for any objections... There is no room for an objection and the gun gets entered into evidence. There is no room for the defense attorney to try and impeach the officer, and cast any doubt asking silly questions like "officer is it possible that two handguns may have the same serial # Of course if the officer is honest he's have to answer yes.... Then later on during the trial or summation the defense lawyer could comment "Even the officer admited this possibly could be the wrong gun. So yeah... we have to mark the gun.
 
If we are interested in becoming MORE PROFESSIONAL as police officers, there is no longer a REASON to mark a firearm unless is does NOT have a serial number. The idea is to be able to IDENTIFY the gun, specifically, when presenting the case. Not a problem if the serial number on the gun matches the police report, officer's notes, and evidence record. WHY any cop needs to damage the property value of a gun would be similar to scratching his initials on the side of a Ferrari after it was recovered from being stolen. I'm sure the Ferrari owner wouldn't stand for that.
 
It would be nice to meet a cop who really cares about protecting evidence property from damage in order to preserve its value to the legal owner. I haven't met any yet. I have seen evidence guns thrown onto concrete floors, left to rust in damp areas for months at a time, electric penciled with PD and case numbers, and in general treated like trash. Some cops hate guns (even their own) and deliberately lose, damage, or ruin guns that they have been ordered to return to their owners.

That is why I strongly advise against carrying a gun that has intrinsic or sentimental value. If you have to use it, you might be ordered to drop it or be shot by police. Not a good position to be in with a $30,000 engraved, gold inlaid pistol, or a $10,000 Korth auto, or the gun that belonged to your dear old dad. And, assuming you are not charged or are acquitted, there is no way to be sure you will get your gun back; it might be destroyed or find its way into the police chief's gun collection.

Jim
 
Glenn Dee said:
Actually marking the firearm is normal. I used my initials. There is a legal burden that the police must meet called the chain of custody. Breaking this chain of custody can cause physical evidence to be devalued, even cause to become inadmissable. In cases where the arresting officer or evidence officer has a gun come into custody they will mark it with a unique marking. This is pretty much the rule with criminal case evidence. The marking is so the officer testifying in court can attest that the gun in court is the same one he recovered. For example... " Officer do you recognize this handgun?" "yes" where do you recognze this gun from?" "I removed this gun from the defendants front right hand pocket on 12 december 2012" How can you be sure it's the same gun?" " This gun is a colt detective special revolver ser23432" "Officer is that the only way you have to be sure it's the same gun?" " No my initials are etched into the frame behind the hammer" Your honor move to enter as evdence marked peoples 1" The Judge would ask the defense for any objections... There is no room for an objection and the gun gets entered into evidence. There is no room for the defense attorney to try and impeach the officer, and cast any doubt asking silly questions like "officer is it possible that two handguns may have the same serial # Of course if the officer is honest he's have to answer yes.... Then later on during the trial or summation the defense lawyer could comment "Even the officer admited this possibly could be the wrong gun. So yeah... we have to mark the gun.
Click to expand...

Have to... Or just do. I'm with the guy that stated "serial number, make & model ought to be plenty"

If a car is used in a crime and held as evidence does the officer take an angle grinder to one of the quarter panels (per the above Ferrari question)? VIN, color, make & model are probably enough to identify the vehicle aren't they? What about anything else that is serialized? Why are guns treated differently? Personally I'd attempt to gain compensation from the city.
 
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Have to. Glenn is absolutely right. Engraving in a visible spot is not anything I was ever taught and seems unreasonable. But guns, knives, drug kit, other such evidence, are marked somewhere with some identifiable mark. If they rely on only the serial numbers, that defense suit would start bringing out paintball guns and glue guns and staple guns all with that same serial number.

Tiny identifiable mark, somewhere where normal use and inspection would not discover it. That's what I was taught. Then photograph it.

Then the question of "is it the same gun" doesn't even go to trial. The defense stipulates to it because of the obviously well documented chain of evidence.

Sorry, James K, to hear about your experience with some officer(?) or some incident(?) where some gun got mistreated. I can't really believe that you've seen multiple cases of that. "Cops hate guns" seems like a pretty narrow view for you to take based on what is surely an even narrower view of a gun or two that you think was mistreated somewhere at one department in one case.


Sgt Lumpy
 
I was a deputy sheriff for several years, and I didn't see just one or two such incidents. Maybe things are better now, but I doubt it. Do police now treat confiscated or evidence guns with TLC, take care to oil them carefully and wrap them in cotton wool to prevent possible damage? Maybe, if you say so. Several years ago, I went with a friend to pick up an M1A rifle from the BATFE. (It had been reported that he had a machinegun, and the gun was seized "pending investigation.")

The evidence locker had water on the floor and more water running down the walls; the gun was covered with rust. He pointed out the damage and was asked if he would like to be arrested for "disrespecting" a federal agent. We left.

I understand that good cops sometimes take any criticism of police personally (I did the same once), but I will still express doubts about that TLC and cotton wool.

Jim
 
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