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December 8, 2011, 11:20 PM | #1 |
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Can Police remove a firing pin without notifying you?
My mother was recently in Colorado springs visiting a friend and staying at a hotel. Like usual my mother had her python with her. While on the way home she realized that she had left her python at the hotel she was staying at and immediately called them. They said they had found the gun but could not hold it and had to give it to turn it over to the police department. My mother immediately called the local PD and asked about the firearm to which they said they had received it. Since you cannot ship firearms my mother had asked if her friend could secure the weapon for her which he did until she could go back to get it from him. A month or so later we went shooting and when we went to fire the python nothing happened, so we pulled the trigger and once again nothing. After making sure the gun was safe I performed a visual inspection of the gun and noticed the firing pin was missing. I believe what happened is that the Colorado Springs PD removed the firing pin because they cannot transfer a working pistol to someone that is not the owner is my best guess at the missing pin. Yet others have told me that that would be illegal for the police department to do without informing the owner. I do not know if this is true or not so I was wondering if this is what generally happens, and that the police can render a gun useless without informing the owner? I would appreciate it if someone who has any knowledge in this area please comment. I have looked far and wide including CO state laws and cannot find anything that either confirms or denies this. So if anyone who has any knowledge in the legal proceedings regarding this issue please comment especially those that are knowledgable to CO gun laws. Thank you.
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December 8, 2011, 11:26 PM | #2 |
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Good luck proving that one. Since your mother lost chain of custody when she left it in the hotel room there is little way of proving that the police took it out. I would just buy another firing pin and let it go. Even if the police removed it they will likely never admit it.
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December 8, 2011, 11:35 PM | #3 |
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I am not trying to prove anything I was just wondering. And we already did just waiting for one to come in to replace it. It is just kind of irritating
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December 8, 2011, 11:36 PM | #4 |
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I think I would consider my self fortunate to have the gun back.That could have ended far worse than it did.
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December 9, 2011, 12:33 AM | #5 |
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Perhaps I am more gun "focused" than others, but I cannot fathom how anyone could "forget" their handgun, especially when travelling.
yet people do, all the time, from what I hear....
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December 9, 2011, 12:47 AM | #6 |
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I can't imagine the police goint to the trouble of removing the firing pin. They have better ways of securing weapons.
It's also hard to believe they would turn a handgun over to someone who couldn't demonstrate they owned it. They probably wouldn't care if it was functional or not. How hard is it to take the firing pin out of a Python anyway? The only Colts I have are bottom feeders.
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December 9, 2011, 12:57 AM | #7 |
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Yeah I don't know either 44 AMP when my mother told me I about threw up right then and there especially since its the twin to my own. And as for taking it out I have no clue how complicated it is. When the pin comes in I am having an experienced gunsmith replace it. The gun is far too valuable considering its no longer made for me to even consider tinkering on it myself.
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December 9, 2011, 01:53 PM | #8 |
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There's no federal law, and I can't find a Colorado law, that states the police can't hand a working firearm to someone other than the owner at the owner's request. Removing a firing pin does not make it into something other than a firearm.
Firearms most certainly can be shipped. An FFL may be required at the receiver's end but they can be shipped. |
December 9, 2011, 02:07 PM | #9 |
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While it's not outside of the realm of possibility, I'd say it's pretty well outside of the realm of probability. Getting the firing pin out of a Python isn't just an "open 'er up and pull it" operation.
I'd say that a more reasonable explanation would be that at some point, the firing pin broke and fell out and nobody noticed. It happens, even to Colt Pythons. Not to disparage your mother or anything like that, but if she was able to forget a hefty (and valuable) chunk of steel at the hotel, it may be likely that she didn't notice that a smidgen of that steel was missing. Or, maybe, the friend did some shooting with it and something happened. Pulling the firing pin doesn't make it not a firearm. You could take every part off of the frame and the ATF would still call that frame a firearm. Oh, and and the police could have shipped the revolver to an FFL in your area. They do it all the time when the recover firearms and are able to identify the owners.
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December 9, 2011, 03:12 PM | #10 |
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snakestrikeace, why not give the police a call and ask if they did it? Maybe they intended to hand over the pin along with the gun but it fell between the cracks so to speak. Someone may have removed it for some reason, however misguided, but then the officer who handed it over may not have been the same person, and therefore may not have known.
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December 9, 2011, 07:01 PM | #11 | |
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Quote:
I'd be more concerned that my mother left her gun in a hotel room rather than if the police took the firing pin out.
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December 9, 2011, 07:23 PM | #12 |
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Having many years experience in Law Enforcement, I'd be amazed that a local agency had someone with the know how and tools to remove a firing pin.
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December 9, 2011, 08:26 PM | #13 |
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I've never owned a Python, but having just looked at the schematic, it looks like you would have to drive out the rear sight pin, remove the sight, then push in on the firing pin to remove the retainer plate, allowning the firing pin and spring to come out.
And then replace the retainter plate and re-install the rear sight assembly. While a police dept might do this, it seems really unlikely. However, very unlikely things can and sometimes do happen. It probably isn't a law prohibiting the PD in question from turning over a working firearm to someone other than the owner, it is likely more their policy or a regulation. And someone within the dept with a punch and a screwdriver of the right size and a little bit of knowledge could have removed the pin. Again, looking at the schematic, it looks like the pin (and spring) can only come out one way, and even if the tip is broken, the remainder of the pin and spring should be retained in the frame. I hope you also ordered the spring as well as the pin, unless you can see it in the frame, its probably gone too...
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December 9, 2011, 11:02 PM | #14 |
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If I ever had to retrieve a firearm from a Pd/SO, I would take it to a gunsmith and have it thourghly checked and test fired.
Having seen the type things which "my department" did to weapons which were ordered returned to citzens, I would be totally distrustful of it soundness. Support the comments about being thankful that you got it back. Also be even more thankful that the tampering was discovered before she needed it in a serious social engagement. |
December 9, 2011, 11:23 PM | #15 |
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There was nothing of the pin or spring left in the gun according to the smith we took it to making me think it was removed, but it might have just broken.and yes I did order the spring as well. And I am more than happy we got it back and pretty sure my mom wont make that mistake twice. Thanks guys for all your comments
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December 10, 2011, 11:36 AM | #16 |
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Even my small department, had deputy who was a pretty good gunsmith. I put odds on Colorado Springs having a full time armorer who has a lot of experience. That armorer removed the fireing pin.
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December 10, 2011, 01:44 PM | #17 | ||
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Quote:
I shipped four guns yesterday via UPS and two handguns this morning via USPS. The PD could have shipped the gun to any licensed dealer for transfer to your mother. Quote:
Can anyone imagine the legal liability if the PD did remove that firing pin? A police department returning a nonfunctioning firearm (that they disabled) to the owner AND not notifying them puts that PD in seriously deep water. If the owner had to use that firearm and it failed to operate, or malfunctioned, resulting in harm to the owner or others.....that PD armorer/police department/city would be paying out millions of dollars in damages for willful acts......heck, lawyers would be lining up in the streets for this case. The gun broke.
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December 10, 2011, 02:12 PM | #18 | |
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Live and learn !!
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Be Safe !!!
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December 10, 2011, 02:29 PM | #19 | |
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And I don't mean your most beloved guns. I mean actual human babies.
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December 10, 2011, 07:50 PM | #20 |
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Sounds like someone needed a firing pin and/or spring for their Colt!
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December 10, 2011, 08:27 PM | #21 | |
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.357 python , co state laws |
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