I need legal advice in Maryland

L

Libertarian

New member
On Halloween morning 1998 my apartment was broken into and several pistols and about a pound of my wife's gold were stolen. A few months later one of my pistols was recovered in the car of a druggie's arrest. The gun was not used in any crime beyond the theft and subsequent posession by a felon.

The real problem begins when due to Montgomery County's Court's fumbling one of the perps was relased on his own recognance. He immediately disappeared into the District of Colombia. As he is only wanted for a misdemeanor, the MPD is not persuing the case for his arrest on failure to appear. While this slimebag is running around enjoying his freedom, the MPD has my custom Para Ordinance 14-45 locked away as evidence.

Next month, Jan. 2001 marks the second anniversary of my gun living in a Montgomery County crime evidence locker. The State's Attorney refuses to release it until the trial is over and refuses to return my calls in any event.

In short: I am being punished while the criminals live freely.

I asked a lawyer and he told me $500 up front with more probably due later to handle this. The pistol is worth ~$1,000 with all of the special stuff and gunsmithing I had done to it. While I really want it back, for the cost of a lawyer, I could buy a new one.

Does anyone have any ideas of things I can legally do or people that I can contact to facilitate the return of my pistol?
 
First I am very sorry that you lost your pistol in this manner. I don’t understand how a gun is any different than any other piece of personal property. Would they keep your dog if it were stolen?

You could try do go through the process yourself, I am sure their is paper work you need to fill out to get the ball rolling. To do this your self will take a lot of work and probably a year or more of your life. I think the struggle is worth it, they have no right to keep your property forever. You might be able to get a lawyer to give you a game plan for a lower fee, just advice no real work on their part.

Last legislative session in Maryland SB211 passed and I think there was language in that bill that gave some state agency the power to keep your gun permanently. I hope my memory is off on that. You can look up info and may get an idea or two at http://www.mcsm.org

I think this kind of thing goes on all the time and no one has the inclination to do anything about it. It will, I am sure cost you more time, time off work, money out of your pocket and frustration than the monetary value of the gun. But you never know the satisfaction of getting it back, or out of the hands of what ever person that may have borrowed your gun for weekend plinking, could be worth it. You may even have a case for a lawsuit. Why not, they stole your gun! That may be a way to sell it to a lawyer, tell them you will give them half of the money they get for suing the local PD for the cost of the gun. Tell them you don’t want the gun back you want the money it is worth.

I am done rambling now. Good luck.
 
Get in touch with NRA's Legal Affairs department. They've taken on cases like this in the past, and they've gotten the guns released. Call 703-267-1000 and ask to speak to the General Counsel's office.

You might also try getting in touch with your state representatives.

This is absolutely INCREDIBLE that Monkey County would do this, but quite frankly, I'm not surprised.

The State's Attorney knows that this case will never be pursued unless the person is arrested again in Montgomery County.

Quite frankly, in a misdemeanor case, this gun is NOT crucial evidence, and there is no legally compelling reason for the SA to hang on to it, other than he wants to be (is?) an anti-gun ass.
 
Go to the rec.guns newsgroup, the moderator is involved in Maryland RKBA big time. Maybe he knows a local friendly lawyer who would do something for the cause.

There's usually a post or two by him and a webpage on the end of every message.
 
I called the NRA and spoke to their screener. She asked that I right it up and e-mail her. Their attornies will look it over, talk about it and phone me back. I'm also trying with RKBA at the suggestion of one of their people. I'll try to get through to the news group as soon as I modify my firewall to allow the port out.
 
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