[ForTheReckerd]

I was transported to a holding cell for no reason at all. In the process they pinned my handgun on another passenger. The gun is legal and all charges were dropped. This incident happened 10 months ago and I still can’t get ahold of my firearm. What can I do? The cops had no reason to book me, and they were very harsh and rude. The guy they pinned my hand gun on isn’t even a gun carrier; I feel like this officer may have done this on purpose. All in all I just need advice on how to get my handgun.

 

[ForTheReckerd]

I was transported to a holding cell for no reason at all. In the process they pinned my handgun on another passenger. The gun is legal and all charges were dropped. This incident happened 10 months ago and I still can’t get ahold of my firearm. What can I do? The cops had no reason to book me, and they were very harsh and rude. The guy they pinned my hand gun on isn’t even a gun carrier; I feel like this officer may have done this on purpose. All in all I just need advice on how to get my handgun.

To clarify the only pending charges are unlawful carry, but I have my carry permit. They are pinning my gun an innocent by stander I have no correlation with.
To clarify the only pending charges are unlawful carry, but I have my carry permit. They are pinning my gun an innocent by stander I have no correlation with.

 

[Capacitor]

What does “they pinned my hand gun on a guy” mean?

 

[G66enigma]

At the time of the engagement with the LEO in question, where was your firearm? On your own person, in a vehicle, in the hand of another, ...?

Irrespective of the reasonableness of the engagement, let alone the arrest, if they've so far refused (in 10mos' time) to return your property then I'd think making a simple request to the head of the LE organization (police, sheriff?) that your property was taken from you and has yet to be returned, and that you want it back. Inquire about the specific process and turnaround time involved. I'd also ask whether it'll be necessary for you to engage your attorney to get them to release your own property to you. (Can't imagine an attorney would charge much at all, to write a simple letter noting the statutes/ordinances in question.)

That said, in this age of swipe-fast / return-slow, it doesn't surprise me you're faced with a long slog to get your property returned to you.

If you continually meet with resistance, I'd suggest speaking with a competent attorney who is well-versed in getting the municipality (or state?) to cease retaining your property, if indeed they have no lawful cause to still have it.

 

[leadcounsel]

I was transported to a holding cell for no reason at all. In the process they pinned my handgun on another passenger. The gun is legal and all charges were dropped. This incident happened 10 months ago and I still can’t get ahold of my firearm. What can I do? The cops had no reason to book me, and they were very harsh and rude. The guy they pinned my hand gun on isn’t even a gun carrier; I feel like this officer may have done this on purpose. All in all I just need advice on how to get my handgun.

If all charges were dropped, a simple letter to the DA or Prosecuting attorney or head of the police dept explaining as much should get it released. Be clear, professional, and polite. Short and to the point. Five sentences. Be very careful to not admit to anything. Just provide the date, identification, and that there are no pending charges and therefore no reason to continue to hold property. The property custodian will be happy to get rid of it. FYI, unclaimed property is often sold.

Unless your gun is particularly valuable, hiring a lawyer is probably not cost effective. Your legal bill may surpass the gun value.

Good luck.

ETA: If you receive pushback, get an explanation. Maybe they still believe the gun is stolen property or it belongs to someone pending charges. Further, your intro doesn't make sense so as a collateral matter if you were truly wrongly detained/arrested in violation of your rights, you may have a civil lawsuit against the police. That might be worth pursuing as a bigger issue than a handgun. That might be worthy of a attorney consult depending on the underlying facts. Sort that out in your mind and move out accordingly.

 

[Southernguns]

I was transported to a holding cell for no reason at all. In the process they pinned my handgun on another passenger. The gun is legal and all charges were dropped. This incident happened 10 months ago and I still can’t get ahold of my firearm. What can I do? The cops had no reason to book me, and they were very harsh and rude. The guy they pinned my hand gun on isn’t even a gun carrier; I feel like this officer may have done this on purpose. All in all I just need advice on how to get my handgun.

At this point, I see two options:
1. Lawyer
2. Buy another gun......lot cheaper.

 

[gambler]

At this point, I see two options:
1. Lawyer
2. Buy another gun......lot cheaper.

But it's lot's easier to find a lawyer these days than it is to find a gun.....

 

[leadcounsel]

Nah, a 3rd option takes 30 minutes tops, including filing out the envelope and mailing it, certified if necessary.

"Dear sir/ma'am (use title and name), I was (wrongly) arrested/detained on (date/location). I fully complied without resistance. During the arrest/custodial detention, my gun (identified by serial number, model, etc.) was taken. Because I did nothing wrong, I was released and there are no charges pending. My gun however is still in police evidence now going on 10 months. I am officially requesting the return of my firearm, and I'm sure your evidence custodian will be happy to clear the shelf of this item. Please contact me a XYZ as to how to proceed. Thank you. Cordially, XYZ."

Simple.

 

[Southernguns]

But it's lot's easier to find a lawyer these days than it is to find a gun.....

I know where you can get all kinds of guns and probably at a lower cost. The OP didn't really give much information.

Cops are going to do what they want to do with little accountability too much of the time. Your gun is probably in a cop's possession. Things disappear from evidence rooms everyday. That's one reason they put things in.

 

[leadcounsel]

As always, not legal advice and all the other usual caveats.

Here's more food for thought. And ONLY the OP really knows this. If the OP did something wrong and got away with it, or is otherwise flying under the radar and should have been charged, then the suggestion to the OP is to just let it go... don't poke this situation. If the OP is truly an innocent dude, detained and disarmed for no good reason, then sure, fire off the letter. If the OP was simply released and no charges based purely on some technicality, the OP might be wise to drop the matter...

This is also weighted against the urgency of getting it returned, the value of the gun in question (is it a Colt Python, or a Taurus lemmon?). This would determine my level of time spent on retrieving it.

 

[Sniper03]

I guess my question! Was the other person charged with anything. For example if he or she might have had a felony on their record? I am not saying they did. But if they did they were present in a vehicle that had a gun in it. It is called access! And the gun would be held as evidence in their case.
Maybe I feel I am missing something here! What was the stop for?

03

 

[Southernguns]

I think this thread was started by someone that can't really be serious. I regret even getting in on it. Have fun.

 

[ForTheReckerd]

What does “they pinned my hand gun on a guy” mean?

I was carrying it but the cops took it as standard procedure. When I went to get it back they have it listed as someone else’s by accident

 

[ForTheReckerd]

I guess my question! Was the other person charged with anything. For example if he or she might have had a felony on their record? I am not saying they did. But if they did they were present in a vehicle that had a gun in it. It is called access! And the gun would be held as evidence in their case.
Maybe I feel I am missing something here! What was the stop for?

03

No idea who this guy is. He is being charged with unlawful carry but the only time I came in context with him was in a holding cell

 

[ForTheReckerd]

No idea who this guy is. He is being charged with unlawful carry but the only time I came in contact with him was in a holding cell

 

[ForTheReckerd]

At the time of the engagement with the LEO in question, where was your firearm? On your own person, in a vehicle, in the hand of another, ...?

Irrespective of the reasonableness of the engagement, let alone the arrest, if they've so far refused (in 10mos' time) to return your property then I'd think making a simple request to the head of the LE organization (police, sheriff?) that your property was taken from you and has yet to be returned, and that you want it back. Inquire about the specific process and turnaround time involved. I'd also ask whether it'll be necessary for you to engage your attorney to get them to release your own property to you. (Can't imagine an attorney would charge much at all, to write a simple letter noting the statutes/ordinances in question.)

That said, in this age of swipe-fast / return-slow, it doesn't surprise me you're faced with a long slog to get your property returned to you.

If you continually meet with resistance, I'd suggest speaking with a competent attorney who is well-versed in getting the municipality (or state?) to cease retaining your property, if indeed they have no lawful cause to still have it.

The thing holding the release of my hand gun is they charged someone else with carrying it unlawfully. At the time of contact with the officers I was carrying it lawfully on my person

 

[G66enigma]

The thing holding the release of my hand gun is they charged someone else with carrying it unlawfully. At the time of contact with the officers I was carrying it lawfully on my person

Well, then I'd think they would have a very difficult claim to make if the city attorney spoke with them about the lawful justification for holding your property if charging someone else with something. And if charging someone else with the claim to have had your property, and that's false, it's hard to imagine that'd stick either.

Have you made a formal request, yet, to have your property returned? Have you spoken with the city attorney?

 

[ForTheReckerd]

Nah, a 3rd option takes 30 minutes tops, including filing out the envelope and mailing it, certified if necessary.

"Dear sir/ma'am (use title and name), I was (wrongly) arrested/detained on (date/location). I fully complied without resistance. During the arrest/custodial detention, my gun (identified by serial number, model, etc.) was taken. Because I did nothing wrong, I was released and there are no charges pending. My gun however is still in police evidence now going on 10 months. I am officially requesting the return of my firearm, and I'm sure your evidence custodian will be happy to clear the shelf of this item. Please contact me a XYZ as to how to proceed. Thank you. Cordially, XYZ."

Simple.
[/QUOTE

As always, not legal advice and all the other usual caveats.

Here's more food for thought. And ONLY the OP really knows this. If the OP did something wrong and got away with it, or is otherwise flying under the radar and should have been charged, then the suggestion to the OP is to just let it go... don't poke this situation. If the OP is truly an innocent dude, detained and disarmed for no good reason, then sure, fire off the letter. If the OP was simply released and no charges based purely on some technicality, the OP might be wise to drop the matter...

This is also weighted against the urgency of getting it returned, the value of the gun in question (is it a Colt Python, or a Taurus lemmon?). This would determine my level of time spent on retrieving it.

truly did nothing wrong! And it’s just a cheap ruger but how is it right to say “it’d be easier to buy another gun” when the one I own, by definition, was stolen from me! It’s a crooked world and the more I read the more I think a law suit is the only way sadly. I can’t afford an attorney

 

[Southernguns]

truly did nothing wrong! And it’s just a cheap ruger but how is it right to say “it’d be easier to buy another gun” when the one I own, by definition, was stolen from me! It’s a crooked world and the more I read the more I think a law suit is the only way sadly. I can’t afford an attorney

Don't know where you live but talking with your local city councilman, police chief, DA, Sheriff and other people only costs you time. A county sheriff has more power than most people know. There are still some honest people left. I wouldn't want to give up either but "picking your battles" is always a good thing to do.

 

[ForTheReckerd]

Well, then I'd think they would have a very difficult claim to make if the city attorney spoke with them about the lawful justification for holding your property if charging someone else with something. And if charging someone else with the claim to have had your property, and that's false, it's hard to imagine that'd stick either.

Have you made a formal request, yet, to have your property returned? Have you spoken with the city attorney?

Well part of the problem is the sheriffs department won’t talk to me. So the only person I have talked to is the defendants state appointed attorney. She says “she will keep me updated” and “she doubts it will make it to the court date” I’m from Indiana, Marion county to be exact. I’d love to talk to anyone knowledgeable on the matter that I can trust in my area.