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Old 02-18-2009, 04:07 PM   #11
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If the family wants the gun back, they absolutely have the right to have it back. THEY should pursue the issue with the PD and you are a witness in this matter. If the officer misappropriated the firearm, he is wrong and should give it back. He or they can explain it away any way they want, but the property should be returned. They cannot find it? They do not know what happens to the guns in their custody? WTF is that about? We have very strict controls about access to weapons storage areas. Few can get in there much less get in there alone. I have access as I am an armorer and ballistician. I regularly examine firearms and even check them out to run tests on them. I guarantee my signature is on the proper paperwork.

What is right is right and what is wrong is wrong.

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Old 02-18-2009, 04:08 PM   #12
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Yeah, kinda what I was thinking.

Should the family wish to pursue this, I think an attorney is in order. If you're absolutely sure about this, kinda makes me wonder what else is missing from the evidence room.

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Old 02-18-2009, 04:09 PM   #13
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My uncle had to get pretty ugly with the local sheriff's dept to get his son's guns & other items from his gun safe returned after said son was almost killed by some kind of robbery at home situation. The uncle got stalled & stalled & stalled by the sheriff's dept, until he called on a lawyer to make a more "official" request. The guns were returned with what was probably everything else from the safe (the cousin lost some memory). I believe it was the idea of ending up in court over the guns & the potential for public embarassment that motivated the sheriff's office, in this case. Know any decent lawyers?

I should point out this is a small town with a sheriff's department that doesn't have the cleanest record. If it matters, they didn't get much results from their "investigation" either (which was concluded before the request for the return of the safe contents). It was sad and quite a pathetic reflection on an already tarnished department.

Do not quit until you straighten this out; the officer needs to be held accountable for his theft or to make a reasonable explanation for having the weapon. I don't suppose it could have been purchased at some kind of auction of seized items?

edit* If the officer stole the gun from the evidence room, a little more than an apology is in order, theft charges IMO.

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Old 02-18-2009, 05:07 PM   #14
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The threat of going to the media is a powerful motivator.

While it is easy to "jump to the conclusion" the gun was stolen, shoddy paperwork and parting out of guns prior to destruction also happens. When a gun is destroyed, only the serial numbered frame needs to go. Everything else is just parts. If the case number was on the grips and the grips were then put on another gun it would appear to be the same gun.

I know, I am probably stretching a bit but weird things happen. More likely someone decided they "liked" it and lifted it. If the PD is serious about their own reputation, they should have it entered as stolen into NCIC. That will get some panties ruffled.

Contacting an attorney is not a bad idea at all. It is funny how a demand letter on a lawyer's stationary gets some attention.

It is likely that someone "assumed" that no one would want a suicide gun back and just helped themselves. It is fairly rare that suicide guns are even requested to be returned. Many people do not want the stigmatized gun anywhere near them, nor do they want the bad last reminder of a lost loved one.

And, we all know what happens when you "assume", don't we?

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Old 02-18-2009, 06:30 PM   #15
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Tricky situation. I'd take robocop's advice. Hes pretty much the reigning law enforcement opinion here.

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Old 02-18-2009, 09:55 PM   #16
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Kinda makes you feel helpless seeing someone that is in a position of authority be corrupt. A liar. A thief. Not trustworthy.
Yeah let the fam go after it and be a witness to it. To not say anything (you know the guy did wrong) is just as bad as committing the act in some ways.

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Old 02-18-2009, 10:49 PM   #17
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I would definately rattle some cages on this one. I would start with the sheriff or police chief, if that didn't work I'd go to his superior and rattle his cage. If you don't get anywhere then I'd go to the local news channel, maybe that'll get em' shook up a little bit. I know that most LEO's are honest hardworking individuals but something crooked is going on and at the expense of you and your family. I'm not sure if I would want that firearm back due to the suicide but that's not my decision.

Rattle some cages and I hope you get somewhere with this problem.

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Old 02-19-2009, 10:39 PM   #18
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Default Update, thankfully

My Friend's Model 29, apparently wasn't the only thing missing. The COP appoligized to my old friend's childern. Returned the firearm, There is a audit of the office being done. Good,

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Old 02-19-2009, 10:46 PM   #19
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Good to hear. I hope the offending party at least learns his lesson.

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Old 02-19-2009, 10:59 PM   #20
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Quote:
Originally Posted by AsmelEduardo View Post
You made the correct. Is not the gun itself, is the officer doing the wrong thing... I would push it hard to emend the thing and find the responsible (and make him pay for it)
That's a crime, there's not a misunderstood or a mistake; He took inappropriately the gun, period.
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