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Old 08-12-2013, 01:15 AM   #21
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Originally Posted by Chainfire View Post
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.



That's why the "swearing in" oath requires the truth, THE WHOLE TRUTH, and nothing but the truth.

Quite often, half of the truth is worse than an outright lie.
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Old 08-12-2013, 02:59 AM   #22
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Originally Posted by robocop10mm View Post
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.
So if I were to have a gun confiscated by the police and it was not being returned in a timely manner, would my only recourse be to sue the department? Or could I just file the stolen gun report and notify the media of the situation (the latter may not do any good in some liberal media bastions such as where I live).

Would the stolen gun report achieve anything in your opinion?
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Old 08-12-2013, 03:03 AM   #23
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Originally Posted by Vikingdad

So if I were to have a gun confiscated by the police and it was not being returned in a timely manner, would my only recourse be to sue the department? Or could I just file the stolen gun report and notify the media of the situation (the latter may not do any good in some liberal media bastions such as where I live).

Would the stolen gun report achieve anything in your opinion?
Would the department who had the gun allow a stolen gun report to be filed knowing they were in possession of said gun? Or maybe you'd have to go above their head? And would an agency above their head allow such a report to be filed?
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Old 08-12-2013, 03:44 AM   #24
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It said in the article that the guy is a felon. It's illegal for a felon to have a gun; thus why the police won't release it to him.

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Old 08-12-2013, 03:46 AM   #25
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I am no lawyer but in my opinion filing a stolen gun charge against a police department is not going to end well. Even if you win and officers are convicted of a crime you are going to need a new place to hang your hat and make a living. The other officers are going to make your life a nightmare.

I would go into civil court to recover my gun and any damages a judge will award me. We are talking about a $500 gun that can be replaced. You have to pick your battles.
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Old 08-12-2013, 04:04 AM   #26
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He reported a shooting via 911. The police arrive to investigate. Why did he need to report that he had a firearm in his car? Was he in some way involved in an altercation? There seems to be something missing?
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Old 08-12-2013, 04:10 AM   #27
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The link mentioned something about him being a felon, kind if contradictory to the other feel/fact presented.. I'm thinking there may be more to this then what the link is providing
Washington (the concealed carry person) was arrested for possession of a firearm while a felon. He is not a felon. It was a trumped up charge to allow the officer to confiscate the gun. Charges were never filed.

The "more to this" that was not in the article is the blatant injustice of the city's "policy" to not return confiscated guns regardless of circumstances.

I think Washington and his lawyers should be filing a stolen gun report with a different agency: sheriff's department, state police, FBI, BATFE, etc. He can prove who has it (the city). He can prove they obtained it illegally, which is what his current suit will need to do if it has any chance of success. Once he succeeds in that endeavor, he should press charges against the city asking for the arrest of: the arresting officer, his supervisor, ... up to the chief of police, the mayor, the clerks in the evidence locker, and I'm sure his lawyers can think of more grist for the mill.
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Old 08-12-2013, 04:29 AM   #28
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Quote:
Originally Posted by Balota
Washington (the concealed carry person) was arrested for possession of a firearm while a felon. He is not a felon. It was a trumped up charge to allow the officer to confiscate the gun. Charges were never filed.

The "more to this" that was not in the article is the blatant injustice of the city's "policy" to not return confiscated guns regardless of circumstances.

I think Washington and his lawyers should be filing a stolen gun report with a different agency: sheriff's department, state police, FBI, BATFE, etc. He can prove who has it (the city). He can prove they obtained it illegally, which is what his current suit will need to do if it has any chance of success. Once he succeeds in that endeavor, he should press charges against the city asking for the arrest of: the arresting officer, his supervisor, ... up to the chief of police, the mayor, the clerks in the evidence locker, and I'm sure his lawyers can think of more grist for the mill.
An acquaintance had two pistols taken from him under seemingly similar circumstance, and wasn't charged to my knowledge. Not sure if got them back but it had been 8-12 months when I stopped bumping in to him..

I bet these cases have been happening for awhile and I'd bet most let it go because it cheaper to replace the gun then fight the issue on most cases.
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Old 08-12-2013, 04:44 AM   #29
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I feel sorry for this guy because of something not mentioned in the article. His Ohio CCW allows him to have a loaded gun in his car - this part is perfectly legal. But the CCW law also requires him to notify any LEO that he is armed in an enforcement scenario, such as answering the call of a shooting. So in most states, he could've called for police to investigate a shooting and as long as he was not involved in the shooting, he would have never had to mention his firearm. However, he is required by state law to inform the LEO of his permit and firearm, which he did as a law-abiding citizen, and then was soundly violated out of his gun and three days of his life.
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Old 08-12-2013, 02:44 PM   #30
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I think the underlying problem here is this is one of the places where political corruption runs deep and the unions have control, so it would be hard pressed to find LEO's who will stand up for what is 'right' as they would have a up hill battle, this is what I have been trying to get across here since I started posting!!!
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