Police take gun without any charges - Page 2
You are Unregistered, please register to use all of the features of FirearmsTalk.com!    
Firearm & Gun Forum - FireArmsTalk.com > General Firearms Forums > Legal and Activism > Police take gun without any charges

Reply
 
LinkBack Thread Tools Display Modes
Old 08-11-2013, 09:52 AM   #11
Feedback Score: 0 reviews
 
Chainfire's Avatar
 
Join Date: Jan 2009
Posts: 3,879
Liked 1727 Times on 1029 Posts
Likes Given: 374

Default

http://www.bustedmugshots.com/ohio/cleveland/derrick-j-washington/27596931

It is possible that this is not the same Derrick Washington from Cleveland, but the OP's original citing declared that the person who had the gun confiscated was a felon......

It would be unlawful for the police to give the firearm back to someone who is not eligible to own firearms.....
__________________
"It is better to be too skeptical then too credulous"

Carl Sagan
Chainfire is offline  
 
Reply With Quote
Old 08-11-2013, 10:02 AM   #12
FTF_SUPPORTER.png
Feedback Score: 0 reviews
 
Join Date: Jan 2011
Location: Jacksonville,FL
Posts: 2,823
Liked 1768 Times on 989 Posts
Likes Given: 1302

Default

Quote:
Originally Posted by Chainfire View Post
http://www.bustedmugshots.com/ohio/cleveland/derrick-j-washington/27596931

It is possible that this is not the same Derrick Washington from Cleveland, but the OP's original citing declared that the person who had the gun confiscated was a felon......

It would be unlawful for the police to give the firearm back to someone who is not eligible to own firearms.....
I can't get the picture to load, but that doesn't matter. In the story Mr. Washington's lawyer says he has no criminal record, but you are correct. If he is a felon the firearm can't be returned. One has to ask, how did he get the carry permit if he is a felon? Did he commit a felony after it was issued? If so, why wasn't it revoked? It would seem to me that if he presented a revoked permit there would have been some charges. Also, why throw money away on a lawyer if you know you don't have a right to the firearm?

I suggest that it is a mistaken identity case. During the three days he was held he was cleared and eventually released. Now he wants his gun back.
Doc3402 is offline  
Vikingdad Likes This 
Reply With Quote
Old 08-11-2013, 10:08 AM   #13
Feedback Score: 0 reviews
 
Join Date: Nov 2012
Location: North Carolina
Posts: 6,624
Liked 2220 Times on 1525 Posts
Likes Given: 820

Default

The article says the man has a CCP. Everyone here knows to get a carry permit you have to pass a background check and be fingerprinted. There is no case of mistaken identity.

"This happens all the time,'' said Kevin Jamison, an attorney near Kansas City. "Police know that these cases are often more expensive to take to court than the guns are worth. Most people find out how much it is going to cost to sue, and they give up. It's a really annoying habit. It provides work for me, but it is really offensive.''
John_Deer is offline  
 
Reply With Quote
Old 08-11-2013, 10:25 AM   #14
FTF_SUPPORTER.png
Feedback Score: 0 reviews
 
Join Date: Jan 2011
Location: Jacksonville,FL
Posts: 2,823
Liked 1768 Times on 989 Posts
Likes Given: 1302

Default

John_Deer,

You're overlooking the fact that the average street officer will go with what is on his terminal screen. If he did a name and DOB check for wants and warrants, and got three hits on Derrick Washington, he's probably going to go with the worst one. We have 9 Derrick Washington's living in my city. One of them has a few AKA's and one of them is an MD. Until their fingerprints are verified, how do you think both of them will be treated? Do you think the officers will let either of them keep their firearms while they wait for answers?
Doc3402 is offline  
 
Reply With Quote
Old 08-11-2013, 01:30 PM   #15
FTF_SUPPORTER.png
Feedback Score: 0 reviews
 
locutus's Avatar
 
Join Date: Dec 2011
Location: Wyoming
Posts: 11,176
Liked 7560 Times on 4165 Posts
Likes Given: 7307

Default

Quote:
Originally Posted by Vikingdad View Post
So Robo, could a citizen file a stolen gun report with, say, the Sheriff, or the BATFE, including the detail that the police stole the gun? What might happen in that scenario in your opinion?
Just be sure you give a copy of the report to the local TV station and newspaper!

BTW, when my wife lived in N.O. La, the good guns went home with the senior officers and the klunkers went out to sea on the barge. Dontcha love a city where the mayor and chief have a contest to see who can be the biggest crook???
__________________
For those who have fought for it, freedom has a taste the protected will never know

“There aren't any great men. There are just great challenges that ordinary men like you and me are forced by circumstances to meet.”http://thinkexist.com/i/sq/as0.gif Admiral William Frederick Halsey Jr. (Bull) quote

locutus is offline  
Vikingdad Likes This 
Reply With Quote
Old 08-11-2013, 02:14 PM   #16
Feedback Score: 0 reviews
 
Mouser's Avatar
 
Join Date: Aug 2011
Location: Now residing in Lower Alabama
Posts: 366
Liked 171 Times on 120 Posts
Likes Given: 177

Default

In a nation of laws, not men the confiscation of a personal possession without legal cause and intent would be theft. Police are people too...most good, some bad. I am not sure how a person could get the DA or other governing agency to look at it his way, but it is what it is. Either the gun was stolen or not...punitive damages only harm the community through higher taxes. Criminal charges for criminal acts are more cost effective!
__________________
Man once surrendering his reason, has no remaining guard against absurdities the most monstrous, and like a ship without rudder, is the sport of every wind.
-Thomas Jefferson to James Smith, 1822.
Mouser is offline  
 
Reply With Quote
Old 08-11-2013, 06:04 PM   #17
Feedback Score: 0 reviews
 
deadsp0t's Avatar
 
Join Date: Jun 2012
Location: Somewhere between you and nowhere...
Posts: 1,471
Liked 587 Times on 393 Posts
Likes Given: 47

Default

Quote:
Originally Posted by Doc3402

When I read it I saw it as a comparison of penalties in civil rights cases. Taking and keeping the gun without due process is considered by many to be a civil rights violation. I could be way off on that one, but that's what I got out of it.
I get that, but guys here are always saying how liberals drag race into every little thing justified or not then to see someone here bring it up in this context seems hypocritical as hell to me is all I'm getting at. I'd much rather discuss the facts of an issue then to start dragging ifs and buts into it before the discussion has even begun..
__________________
Rise and rise again, until lambs become lions....

DISCE PATI

Fear cuts deeper then the sword.
deadsp0t is offline  
 
Reply With Quote
Old 08-11-2013, 09:04 PM   #18
Moderator
FTF_MODERATOR.png
Feedback Score: 1 reviews
 
robocop10mm's Avatar
 
Join Date: Jul 2007
Location: Austin,Texas, by God!!
Posts: 10,730
Liked 3354 Times on 1736 Posts
Likes Given: 353

Default

Quote:
Originally Posted by Vikingdad View Post
So Robo, could a citizen file a stolen gun report with, say, the Sheriff, or the BATFE, including the detail that the police stole the gun? What might happen in that scenario in your opinion?
Since they do not inform the vicitm of the recovery, they will never know it was recovered. BUT yes, I believe there should be consequences for such illegal actions. And yes, I do believe it is intentional and systemic.

I have pages of stories of unethical behavior I have been privy to, just not first hand so there is nothing I can do. There have been too many "stories" about such things for them all to be made up.
__________________
In life, strive to take the high road....It offers a better field of fire.
"Robo is right" Fuzzball
robocop10mm is offline  
 
Reply With Quote
Old 08-11-2013, 09:21 PM   #19
Feedback Score: 0 reviews
 
Overkill0084's Avatar
 
Join Date: Sep 2010
Location: Weber County, Utah
Posts: 4,688
Liked 3232 Times on 1621 Posts
Likes Given: 423

Default

Quote:
Originally Posted by Doc3402 View Post
John_Deer,

You're overlooking the fact that the average street officer will go with what is on his terminal screen. If he did a name and DOB check for wants and warrants, and got three hits on Derrick Washington, he's probably going to go with the worst one. We have 9 Derrick Washington's living in my city. One of them has a few AKA's and one of them is an MD. Until their fingerprints are verified, how do you think both of them will be treated? Do you think the officers will let either of them keep their firearms while they wait for answers?
Maybe not, but they should damn well give it back after the issue has been sorted. Then of course, the Derrick Washington with the CCP and the other matching info should be easier than most to sort out.
__________________
Cheers,
Greg
MSgt, USAF, Retired
NRA Life Member

The hardest thing to explain is the glaringly evident which everybody had decided not to see. - Ayn Rand
Overkill0084 is offline  
 
Reply With Quote
Old 08-11-2013, 09:50 PM   #20
Feedback Score: 0 reviews
 
Chainfire's Avatar
 
Join Date: Jan 2009
Posts: 3,879
Liked 1727 Times on 1029 Posts
Likes Given: 374

Default

It is interesting that I posted two links. One was another news organizations coverage of the same story. They did identify the man who had the gun confiscated as a felon.

I guess the ghosties blew away the other link, and I don't care enough to hunt it up again. If you care, google the man's name and Cleveland and you can find several stories.

There is almost always more than one side to any story.
__________________
"It is better to be too skeptical then too credulous"

Carl Sagan
Chainfire is offline  
2
People Like This 
Reply With Quote
Reply

Thread Tools
Display Modes


Similar Threads
Thread Thread Starter Firearms Forum Replies Last Post
Shipping charges!!! jpattersonnh The Club House 3 06-15-2013 01:21 AM
No Charges against shooter of attack dog JWagner Firearms in the Media 9 05-21-2013 10:56 PM
Oz soldiers cleared of charges zhuk The Club House 8 11-11-2010 07:26 AM
powder charges for Uberti 36 cal. lukeisme Blackpowder & Musket 8 06-05-2010 08:30 PM



Newest Threads