Any law enforement or detectives on board????

IZA40CAL · February 16, 2012, 10:22 AM

Anyone with knowledge of the recovery process of a stolen firearm, my firearm arm was stolen and recovered, and I can't seem to get the det in charge to return my phone call, anyone here knows the process and time frame for return, I know it's a lengthy process, as it is evidence at this point, but jus looking for a turnaround time frame and percedure, I'm thinking 6-8 months don't know really, jus chime in if u can help thanks guys.....

Fishing_Cabin · February 16, 2012, 10:53 AM

Generally speaking each department handles things differently, sometimes like night and day.

My dept will return a firearm that was stolen/recovered to the owner who reported it stolen, provided the description matches, the owner is not prohibited, and it is not needed for use in a criminal case. Proper photo ID is required, and the stolen property is released to the owner listed on the report. If it is to be used as evidence in a criminal case, such as the theif shot someone with the firearm stolen, it may take a long time for the court process to run its course.

I know, since my brother had his house broken in to, (another town) that agency requires some proof of ownership, etc before returning any firearm. In my brothers case, he had a copy of my grandfathers will listing what he inherited with serial numbers. They also asked if you have filed a claim with your insurance on the stolen firearm, because if the insurance company has paid you for the stolen firearm, and its recovered, it would belong to the insurance company at that point as I understand it.

I would hope you have kept documentation and also pictures of the firearms. You should also have a copy of the police report, and since you said it had been recovered, you should have a record of being notified of that as well.

With that said, I would do this:

1. If you filed a claim with your insurance for either damage, or lost property, they would be my first contact if the agency that recovered your firearm drags their feet. Even if they paid you for the claim, they will usually let you return the money for that item so you can claim it.

2. Beyond that you can send a certified, return reciept letter to the agency head, listing your concerns about getting your firearm returned to you, and ask for a in person meeting to discuss getting a proper outcome.

3. If that fails, or if you would like, you can go straight to a lawyer, but it may cost more in the long run in some cases then the firearm is worth to replace.

Dwight55 · February 16, 2012, 11:17 AM

It's too bad the "return" process is not as simple and as quickly executed as the "seizure" process.

A young fellow I know went to a local gun show, . . . bought a nice looking 9mm handgun, . . . a Browning HP clone.

After firing it several times, . . . he decided he just did not really like it. He took it to a friend's gun shop, . . . set it up for sale there, . . . where it was subsequently found to have been stolen some 6 years ago near Cleveland.

Within 48 hours, . . . LEO on the scene, . . . demanded proof he purchased it, . . . gave him a really hard time over it all.

Took the gun, . . . end of story.

May God bless,
Dwight

kraigwy · February 16, 2012, 12:16 PM

Returning firearms depends a lot on how they were taken by the cops. If recovered from a burglary or such, they have to be held for evidence. If stolen property, and you bought them, (even ligit) they are taken and given back to the orginal owner if they can be found.

Its normally up to the DA not the police if the guns are evidence. Sometimes you can work with the DA.

I lost 20 something pistols stolen in a burglary, All but three were recovered and the bandit charged. Three of the pistols were my Bullseye Pistols, I was shooting for the Guard and had matches coming up, The DA released the three competition guns because she still had enough to prosicute.

I got the rest back right after the trail.

As to stolen guns or guns listed as stolen: They're all different. Depends on the case.

I took a rifle team to Little Rock for the National Guard Championships. We had a rifle (M14) stolen in route. I did what I was suppose to. Notified my boss, and the FBI (government rifles).

Some idiot bagage handler stole the rifle and was caught waving it around down town Little Rock.

They returned the gun right away, but that's when the real problem came up.

When I got home I got a call to meet the FBI and my Boss at his office. It seems the gun I reported stolen and was recovered had been reported stolen and never recovered in 1968. I had an alibi, I was in Vietnam in when it was stolen.

But I got to keep the rifle (it was on my property book).

There's a million gun storys in the nekid city, all are different.

Sbowling79 · February 16, 2012, 03:07 PM

what's a property book?

kraigwy · February 16, 2012, 03:21 PM

Quote:

what's a property book?

In the military there is a lot of equipment. It has to be assigned to someone.

The Units property is listed in what's called a "property book" and some one, normally the comander is called a "property book officer". Basicly that means that's his property, he is responsible for it. Not a whole lot different then an individual listing all the property he owns.

When autided, the PB officer has to show, either the property, or a hand reciept for the property. When one issues out property to the end user he/she uses a "hand reciept" the HR holder is then responsible.

However in the military if a hand reciept holder looses property he can only be charge one months pay. If the property book officer looses property he has to pay full value.

In the incident I mentioned above, about the stolen, stolen found M14, what probably happened is the PB officer was doing an inventory prior to the audit of his property book. He misplaced the M14, so to cover his butt, reported it stolen.

Later it showed back up and was put back into inventory with out being reported as stolen. Some one checked the rifle out with out a hand reciept. The PB officer forgot, so reported it as stolen.

Maximus856 · February 16, 2012, 06:27 PM

I'm curious as to why they can't expedite the process. Unless they need it for some ballistics or whatever else may be needed in an investigation, why can't they take the serial number, make/model, a picture and owner info, and the return it to the owner?

I had a few firearms taken by the police for something I did not do. They were locked away, when a not so serious incident occurred. The police cut the locks on the trailer that I had my guns in. I was off somewhere else so they took them. When I called to ask why they were taken and when I could get them, I was told I had to wait. I told them unless I was charged with something and the guns were evidence in a crime then they had no right to hold them. They wanted to argue and told me I couldn't get my handuns back because they weren't registered to me. They didn't realize they were registered to my father and they don't need to be registered to me in the state of PA. I explained this to them, and reiterated the fact that unless I'm a suspect, I will be by to get my guns. They finally got the point. They questioned me about the guns, as far as where hey were made, who made what, what caliber etc. to verify they were mine, and I got them back.

Point is, I would keep trying to get ahold of the department. If they say they'll get back to you, or don't give you a solid answer I would just keep trying. Unless they are needed in the case, I would insist on them being returned. It may not be the case for you, but the police department didn't much care that I had a need to get my guns back and kind of shrugged it off until I told them straight that they were in the wrong.

A little sidenote, I do not blame the PD for taking my guns. I do however have a strong distaste for them after they tried to refuse to give them back.

ltc444 · February 16, 2012, 07:50 PM

Recovering a stolen weapon depends on the jurisdiction. It involves not just the Police Department but the DA and the Judge.

Some judges routinely order recovered firearms destroyed.

You may need to go to court to get you weapon back.

If it were my weapon I would do the following:

1. Request in writting, under Freedom of Information, a copy of the Departments Policy/Prodedure for handling recovered firearms.
2. I would then formally request in writting (with proof of delivery) to the Chief Of police and the DA that my weapon be returned.

Telephone calls and E-Mails get ignored.

3. Assuming that the Police or DA have the authority to return the weapon and they fail to respond. I would then sue the appropriate department in small claims court to recover the weapon or damages.

Some jurisdictions such as the Pinal County AZ Sheriff's Office has become notorious, since Paul Babeau took office, for "misplacing" weapons and the documentation of weapons seized or recovered.

February 16, 2012, 10:22 AM	#1
IZA40CAL Member Join Date: May 25, 2011 Location: MI Posts: 21	Any law enforement or detectives on board???? Anyone with knowledge of the recovery process of a stolen firearm, my firearm arm was stolen and recovered, and I can't seem to get the det in charge to return my phone call, anyone here knows the process and time frame for return, I know it's a lengthy process, as it is evidence at this point, but jus looking for a turnaround time frame and percedure, I'm thinking 6-8 months don't know really, jus chime in if u can help thanks guys.....

February 16, 2012, 10:53 AM	#2
Fishing_Cabin Senior Member Join Date: February 10, 2010 Posts: 720	Generally speaking each department handles things differently, sometimes like night and day. My dept will return a firearm that was stolen/recovered to the owner who reported it stolen, provided the description matches, the owner is not prohibited, and it is not needed for use in a criminal case. Proper photo ID is required, and the stolen property is released to the owner listed on the report. If it is to be used as evidence in a criminal case, such as the theif shot someone with the firearm stolen, it may take a long time for the court process to run its course. I know, since my brother had his house broken in to, (another town) that agency requires some proof of ownership, etc before returning any firearm. In my brothers case, he had a copy of my grandfathers will listing what he inherited with serial numbers. They also asked if you have filed a claim with your insurance on the stolen firearm, because if the insurance company has paid you for the stolen firearm, and its recovered, it would belong to the insurance company at that point as I understand it. I would hope you have kept documentation and also pictures of the firearms. You should also have a copy of the police report, and since you said it had been recovered, you should have a record of being notified of that as well. With that said, I would do this: 1. If you filed a claim with your insurance for either damage, or lost property, they would be my first contact if the agency that recovered your firearm drags their feet. Even if they paid you for the claim, they will usually let you return the money for that item so you can claim it. 2. Beyond that you can send a certified, return reciept letter to the agency head, listing your concerns about getting your firearm returned to you, and ask for a in person meeting to discuss getting a proper outcome. 3. If that fails, or if you would like, you can go straight to a lawyer, but it may cost more in the long run in some cases then the firearm is worth to replace. Last edited by Fishing_Cabin; February 16, 2012 at 11:06 AM.

February 16, 2012, 11:17 AM	#3
Dwight55 Senior Member Join Date: June 18, 2004 Location: Central Ohio Posts: 2,568	It's too bad the "return" process is not as simple and as quickly executed as the "seizure" process. A young fellow I know went to a local gun show, . . . bought a nice looking 9mm handgun, . . . a Browning HP clone. After firing it several times, . . . he decided he just did not really like it. He took it to a friend's gun shop, . . . set it up for sale there, . . . where it was subsequently found to have been stolen some 6 years ago near Cleveland. Within 48 hours, . . . LEO on the scene, . . . demanded proof he purchased it, . . . gave him a really hard time over it all. Took the gun, . . . end of story. May God bless, Dwight __________________ www.dwightsgunleather.com If you can breathe, . . . thank God! If you can read, . . . thank a teacher! If you are reading this in English, . . . thank a Veteran!

February 16, 2012, 12:16 PM	#4
kraigwy Senior Member Join Date: June 16, 2008 Location: Wyoming Posts: 11,061	Returning firearms depends a lot on how they were taken by the cops. If recovered from a burglary or such, they have to be held for evidence. If stolen property, and you bought them, (even ligit) they are taken and given back to the orginal owner if they can be found. Its normally up to the DA not the police if the guns are evidence. Sometimes you can work with the DA. I lost 20 something pistols stolen in a burglary, All but three were recovered and the bandit charged. Three of the pistols were my Bullseye Pistols, I was shooting for the Guard and had matches coming up, The DA released the three competition guns because she still had enough to prosicute. I got the rest back right after the trail. As to stolen guns or guns listed as stolen: They're all different. Depends on the case. I took a rifle team to Little Rock for the National Guard Championships. We had a rifle (M14) stolen in route. I did what I was suppose to. Notified my boss, and the FBI (government rifles). Some idiot bagage handler stole the rifle and was caught waving it around down town Little Rock. They returned the gun right away, but that's when the real problem came up. When I got home I got a call to meet the FBI and my Boss at his office. It seems the gun I reported stolen and was recovered had been reported stolen and never recovered in 1968. I had an alibi, I was in Vietnam in when it was stolen. But I got to keep the rifle (it was on my property book). There's a million gun storys in the nekid city, all are different. __________________ Kraig Stuart CPT USAR Ret USAMU Sniper School Distinguished Rifle Badge 1071

February 16, 2012, 06:27 PM	#7
Maximus856 Senior Member Join Date: March 20, 2006 Location: PA Posts: 547	I'm curious as to why they can't expedite the process. Unless they need it for some ballistics or whatever else may be needed in an investigation, why can't they take the serial number, make/model, a picture and owner info, and the return it to the owner? I had a few firearms taken by the police for something I did not do. They were locked away, when a not so serious incident occurred. The police cut the locks on the trailer that I had my guns in. I was off somewhere else so they took them. When I called to ask why they were taken and when I could get them, I was told I had to wait. I told them unless I was charged with something and the guns were evidence in a crime then they had no right to hold them. They wanted to argue and told me I couldn't get my handuns back because they weren't registered to me. They didn't realize they were registered to my father and they don't need to be registered to me in the state of PA. I explained this to them, and reiterated the fact that unless I'm a suspect, I will be by to get my guns. They finally got the point. They questioned me about the guns, as far as where hey were made, who made what, what caliber etc. to verify they were mine, and I got them back. Point is, I would keep trying to get ahold of the department. If they say they'll get back to you, or don't give you a solid answer I would just keep trying. Unless they are needed in the case, I would insist on them being returned. It may not be the case for you, but the police department didn't much care that I had a need to get my guns back and kind of shrugged it off until I told them straight that they were in the wrong. A little sidenote, I do not blame the PD for taking my guns. I do however have a strong distaste for them after they tried to refuse to give them back. __________________ "In 1968 for my senior field trip I was sent to RVN" -Hunter Customs "It is far more important to be able to hit the target than it is to haggle over who makes a weapon or who pulls a trigger." -Dwight D. Eisenhower Last edited by Maximus856; February 16, 2012 at 06:33 PM.

February 16, 2012, 03:07 PM	#5
Sbowling79 Member Join Date: December 10, 2011 Posts: 86	what's a property book?

February 16, 2012, 07:50 PM	#8
ltc444 Senior Member Join Date: March 3, 2011 Location: Vernon AZ Posts: 1,195	Recovering a stolen weapon depends on the jurisdiction. It involves not just the Police Department but the DA and the Judge. Some judges routinely order recovered firearms destroyed. You may need to go to court to get you weapon back. If it were my weapon I would do the following: 1. Request in writting, under Freedom of Information, a copy of the Departments Policy/Prodedure for handling recovered firearms. 2. I would then formally request in writting (with proof of delivery) to the Chief Of police and the DA that my weapon be returned. Telephone calls and E-Mails get ignored. 3. Assuming that the Police or DA have the authority to return the weapon and they fail to respond. I would then sue the appropriate department in small claims court to recover the weapon or damages. Some jurisdictions such as the Pinal County AZ Sheriff's Office has become notorious, since Paul Babeau took office, for "misplacing" weapons and the documentation of weapons seized or recovered.