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-   -   Police found stolen pistol (http://www.firearmstalk.com/forums/f97/police-found-stolen-pistol-27190/)

clip11 05-15-2010 01:36 PM

Police found stolen pistol
 
and now the detective doesnt want to give it back. It was stolen in Detroit and found in Lathrup Village a suburb of Detroit. I went to meet the detective yesterday and it wasnt what he said as to how he said it. "I'm not going to give you back this gun!" Me: Why not, I have the registration in my car, I can get it if you want." "No, im sending it to the State Police for testing." Me: "How long will that be?" "Could be about a year who knows."

The tone of his voice was such that he didnt want me to have it. If I am given the run around or if the weapon just mysteriously vanishes into thin air, what should my next step be?

.22hustler 05-15-2010 01:40 PM

Lawyer up....

Dzscubie 05-15-2010 02:10 PM

Quote:

Originally Posted by clip11 (Post 285272)
and now the detective doesnt want to give it back. It was stolen in Detroit and found in Lathrup Village a suburb of Detroit. I went to meet the detective yesterday and it wasnt what he said as to how he said it. "I'm not going to give you back this gun!" Me: Why not, I have the registration in my car, I can get it if you want." "No, im sending it to the State Police for testing." Me: "How long will that be?" "Could be about a year who knows."

The tone of his voice was such that he didnt want me to have it. If I am given the run around or if the weapon just mysteriously vanishes into thin air, what should my next step be?


Could you give us a little more information? Was the weapon stolen from you, your house, your car? Did you make a police report? Was the weapon recovered while being used in a crime, if it was having it tested by a lab to see if it was used in other crimes (like homicide, armed robbery where it was fired and a slug recovered, etc.) is pretty normal procedure also it may have to be kept as evidence for trial if it was used in a crime. Did the police contact you on the recovery and did you get a copy of the report? The police have a chain of custody that is suppose to track evidence to prevent it from just disappearing. Call the detective again and ask why it is being sent to be tested and if you get the run around ask to speak to his supervisor. Donít be aggressive, be polite but donít be put off, that is your property that was recovered and should be returned to you as early as possible.

Agent_H 05-15-2010 02:55 PM

Had a rifle stolen from my garage over Christmas with the doors open about 3 feet to air out as I was lacquering some woodwork.

The police called a month later saying they had found it and I should come pick it up. No questions asked but I had filed a report with serial and a picture.

This was in a very small town. Would that make a difference? (very pro gun community on whole). Pistol as opposed to rifle?

Hope you get your gun back man.

robocop10mm 05-15-2010 03:08 PM

Many agencies send such firearms to the ballistics labs. It is not unusual for this process to take several months to a year or more depending on the backlog.

If they "lose" the gun, they will be respopnsible for compensation. If you want to prevent such a "loss" here is a thought... Send a demand letter to the Chief of Police and City Manager. Describe the property you are demanding (the gun) in detail (serial number). Give them 10 days to release the item to you or you will take legal action. Even if they respond that the gun must undergo ballistic testing, they are on notice that you are going to be a problem if they do not excercise due dilligence.

Shihan 05-15-2010 05:12 PM

^Will you look what time it is?:D

clip11 05-15-2010 08:24 PM

Quote:

Originally Posted by Dzscubie (Post 285277)
Could you give us a little more information? Was the weapon stolen from you, your house, your car? Did you make a police report? Was the weapon recovered while being used in a crime, if it was having it tested by a lab to see if it was used in other crimes (like homicide, armed robbery where it was fired and a slug recovered, etc.) is pretty normal procedure also it may have to be kept as evidence for trial if it was used in a crime. Did the police contact you on the recovery and did you get a copy of the report? The police have a chain of custody that is suppose to track evidence to prevent it from just disappearing. Call the detective again and ask why it is being sent to be tested and if you get the run around ask to speak to his supervisor. Donít be aggressive, be polite but donít be put off, that is your property that was recovered and should be returned to you as early as possible.

It was stolen from my car, I did make a police report. No it was not recovered from a crime.

clip11 05-15-2010 08:26 PM

Quote:

Originally Posted by robocop10mm (Post 285289)
Many agencies send such firearms to the ballistics labs. It is not unusual for this process to take several months to a year or more depending on the backlog.

If they "lose" the gun, they will be respopnsible for compensation. If you want to prevent such a "loss" here is a thought... Send a demand letter to the Chief of Police and City Manager. Describe the property you are demanding (the gun) in detail (serial number). Give them 10 days to release the item to you or you will take legal action. Even if they respond that the gun must undergo ballistic testing, they are on notice that you are going to be a problem if they do not excercise due dilligence.

Hmmm....i didnt think of this. I certainly will.

robocop10mm 05-16-2010 01:18 PM

Quote:

Originally Posted by Shihan (Post 285330)
^Will you look what time it is?:D

I was going out of town for the day and would not have access til the next day. Come on man...I had to kill a thread before the road trip, just had to.

Dzscubie 05-16-2010 04:29 PM

Quote:

Originally Posted by clip11 (Post 285407)
It was stolen from my car, I did make a police report. No it was not recovered from a crime.


Then unless the Detective has probable cause to send your weapon to the lab I donít see how he can keep from returning your stolen property. If you have his name I would not go back to him and would do exactly what Robo suggested and send a certified letter to the Chief of Police and the City Manager advising them if they did not return your property you would take legal action. This is advise from two officers one state and local and one Fed.


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