They seize your gun as evidence...do you ever get it back?

DirtyHarold · April 6, 2016, 10:03 PM

I understand that in the event of a self defense shooting--even if legitimate, they seize your gun as evidence. Do you get it back once everything is all said and done?

doofus47 · April 6, 2016, 10:14 PM

From what I understand, the method varies from place to place but the answer is yes, if you are innocent.

If you come to the bridge, ask your lawyer.

**JohnKSa** · April 6, 2016, 11:27 PM

Probably.

If no charges are brought and there are no complicating issues then you will get the gun back after the police are done with it. That could take years if a case is pending.

http://criminal.lawyers.com/criminal...an-arrest.html

http://www.tdcaa.com/node/4196

Lucas McCain · April 7, 2016, 12:06 AM

I have an acquaintance whose home was burglarized and he lost several guns. The cops caught the guys and they still had the guns. The guns were kept for evidence. After about 4-5 dos. they were tried, convicted and sent to prison for several years. After the trial was over and he waited several mos. He tried to find out when he would get the guns back, but was told they had to hold them for evidence in the event of appeals being brought forward. That went on and he more or less forgot about them. The criminals had served their sentence, was out of jail and something like 3 years after they were released the guns were returned to him. They were all rusted up and in terrible shape,and for the most part useless junk.
If they take your gun, don't plan on getting it anytime soon. law enforcement will give it back when they feel like it, not before.

mag1911 · April 7, 2016, 05:25 AM

One coworker had a nickel Series 70 stolen and filed a report. It was recovered during a raid and kept for evidence. I think he told me he got it back in 2-3 years and it was pretty beat up with the case number engraved on it somewhere.

I would think you could probably expect about the same for a self defense case.

5whiskey · April 7, 2016, 06:13 AM

For a SD case you will, eventually, get your gun back. As soon as a prosecutor determines that no charges will be filed you should be good.

In a case of a stolen gun that is recovered it all depends. I've recovered some that I photographed and videod very well and returned to the owner even before trial. Said owner obviously had no connection to who stole it and it was stolen during a break in. We dont hold on to stolen cars for years and still win the case, a stolen gun isnt much different. I do know that there are some questionable gun owners that have friends who would really like to have a gun but can't purchase one through normal means. When these gun owners have a gun "stolen" and there are no obvious signs of forced entry, that gun stays in evidence a long time once its recovered. Also if a suspect pleads guilty he cannot appeal later... For those agencies that play that game. Some areas are way more pro RKBA than others. Cops in a not so good area are probably more likely to play the "it must stay in evidence forever" game. If also depends on the situation. If the s/n is filed off or it is used in a murder then you have a slim chance of getting your gun back... Ever.

As to the condition of a gun... I would suspect that has as much or more to do with the thief.

Hunter Customs · April 7, 2016, 02:54 PM

Quote:

The criminals had served their sentence, was out of jail and something like 3 years after they were released the guns were returned to him. They were all rusted up and in terrible shape,and for the most part useless junk.
If they take your gun, don't plan on getting it anytime soon. law enforcement will give it back when they feel like it, not before.

I've told many a client that you don't want a 2-3 thousand dollar custom gun to end up in a evidence room for any reason.
If it does do not aspect it to be in as nice of condition as it was when it was in your possession.
One will be surprised at how much damage can be done to the gun in just a few days of being tossed around in an evidence room.

Best Regards
Bob Hunter

Brit · April 7, 2016, 05:03 PM

A friend of mine fell afoul of an Ex friend, a Canadian Police Sgt. A Swat Team rolled up to his house, seized all his guns (in Safes) and Ammo.

The jiggery pokey was exposed, he got his guns back, one was badly damaged, it was judged as malicious damage, he was compensated, big time.

That is the only case I have ever heard of, of that nature.

My Friend sued, was not allowed to reveal the settlement! But it was big, sold his house and moved. Bought a much bigger home!

rwilson452 · April 7, 2016, 05:51 PM

As others have said, it depends on the LEOs and DA you dealing with. Some are prompt others not so much. Some will deliberately damage you stuff. others will take care of it. Some LEO/DA shops you need to take them to court to get them back. If you can take pictures of all your guns. frequently. Some when it comes back looking like it has been soaking in saltwater you can make them pay. Note sometimes they pay the damages plus court costs. As always, get legal consul.

**44 AMP** · April 7, 2016, 05:57 PM

The police will hold on to a gun longer than the will a car, or a flatscreen TV or a chainsaw or a BOOK! Because, well, ..its a ...GUN!...

I have heard of places where it took a court order for the police to return a gun(s) to their lawful owner AFTER ALL case related matters were settled.

I have also heard of a place where the police refused to return ANY gun, for any reason, including a valid court order. They issue a check, instead.

And if you are lucky, that check will cover the "book value" of the gun at the time you are asking for it back. Guns are often horribly mistreated while "evidence", and a EXC condition collector's piece (when recovered) might be a POOR condition piece when they cut you the check. (for the book value of a POOR piece)

Expect this, and be prepared to live with it, IF they take you gun(s), they WON'T be in the same shape, when/IF you eventually get them back.

BitterTait · April 7, 2016, 09:16 PM

The one case I know of involved a friend who managed negligently shoot himself in the hand. The police took the pistol, he was charged with reckless use of a firearm, and after about 2 months the police officer sent out a letter saying something along the lines of "It has come to our attention that we have your property at XX station, pick it up in 30 days or it will be disposed of". No damages, no case numbers engraved. This was in SE michigan, which has a decent gun culture among civilians at least.

shooterdownunder · April 7, 2016, 10:32 PM

Quote:

I have also heard of a place where the police refused to return ANY gun, for any reason, including a valid court order. They issue a check, instead.

Would that not be contempt of court?

62coltnavy · April 8, 2016, 12:01 AM

In California, it varies by county. Both San Francisco and Oakland were taken to court over the games they played by requiring "proof of ownership" in order for a gun to be returned--even when the owner from whom the gun was taken has a receipt for it from the police and a form from the CADOJ authorizing its return. they would demand sales receipts, etc, and delay and delay and delay. Los Angeles pulled an even faster one on a retired cop/gun collector who was entrapped in a sting operation by the LASO. They seized his entire collection worth about $500,000. And when the case was over--it was so obviously a bad case the DA refused to prosecute--they would not give his guns back, and gave him the run around. The city attorney even gave his counsel the runaround. And, without telling anyone, and despite the fact that a case was pending to have the court order the firearms returned, the City Attorney got an order of destruction from a friendly judge, and all of the guns were (allegedly, but one never knows for sure) destroyed. And plaintiff collector was handed a fait accompli. He sued, but for reasons I don't understand (the judge ruled the case was barred by res judicata, which makes no sense to me), his claim for damages was dismissed. I suspect it is up on appeal.

PolarFBear · April 8, 2016, 09:04 AM

South Carolina. I had a firearm stolen from my vehicle. Was used in a fratricide. A career criminal shot his career criminal brother over a ham sandwich in their father's home. It's been ten years, haven't been able to get the pistol back yet. Police said it had to be held in case of appeals. I have replaced the piece and moved on.

Brit · April 8, 2016, 10:04 AM

The habit of scratching a number? on the slide of a gun, when it has a serial number stamped on it? Is stupid.

boatdoc173 · April 8, 2016, 03:30 PM

this is the reason I use Glocks for hd/sd. they are pretty durable, the cops cannot destroy them(usually) and I can get another easily for about $550

tony pasley · April 8, 2016, 06:30 PM

Not if it a classic handgun it will end up missing like a friend of mines 1927 Colt that was his Grandfathers.

SHR970 · April 8, 2016, 08:57 PM

I had the priveledge of being a juror on an attempted murder case. The DA's office provided all manner of evidence including ballistic matching of bullets, tool marks, the gun used (defense had to call for it), etc.

One problem.

The "Gun" was such a rusted pile of junk when it was presented that it could not even have the cylinder opened. There was ZERO chance that it could have the testing reproduced.

The accused had to be aquitted. As presented.. The "Gun" was nonfunctional scrap metal. The accused might have actually done it..but the fact was what was presented as the "Gun" used was a rusted locked up nonfunctional paperweight.

My point is that the people handling the chain of evidence were sloppy to say the least. This was evidence for an attempted murder trial. Do not count on your weapon being returned in ANYTHING resembling useable condition. Anything above scrap metal is a bonus.

**44 AMP** · April 9, 2016, 12:23 AM

Understand something, when the police take your property as evidence, it is, in effect, no longer your property. It is "evidence".

Their main, and sometimes only concern is that the chain of evidence is intact enough to stand up in court. Police adding their own number or identifying mark is an old practice. It was featured in most of the Perry Mason episodes, waaay back when.

There is another attitude at work, as well. And it makes a degree of sense in today lawsuit happy times. The cops are reluctant to release guns, possibly because they are concerned about being held responsible. After all, YOU have "proven" you can't keep the gun they seized off the street (stolen guns), because if you could, they wouldn't have it in the first place.

So the risk potential for them might be coloring their attitudes and their actions.

Brit · April 24, 2016, 01:40 PM

In Montreal, Quebec Canada, an Embassy was a large House, behind a high wall, and a big steel gate.

Turkish? Long time ago, I was the Expert witness for the defense, I determined by the evidence, and Pinkerton's Radio recordings, it was raining at the time of this event.

My trip to the evidence room, revealed a spotless, well lubricated Sawn Off Shotgun! The keeper of the evidence area, cleaned and lubricated this weapon.

I advised they plead guilty, the impact of double ought buck, between the legs of the Guard, as he lay dying, were one pellet had hit him in the heart, the other 8 had hit the steel corner of the passage, to the gate house, he took cover behind.

A hundred plus years ago civil war. I got paid in cash. Came out of a big plastic bag.

1985 ARA Attack Turkish Embassy-Ottawa
Reviewed death scene on behalf of defense lawyer
Convinced Lawyer for accused that their clients had shot at a mortally wounded Pinkerton Guard, while he was lying dieing on the ground, the three accused changed their plea to guilty.

KyJim · April 24, 2016, 04:03 PM

My house was burglarized and, fortunately, the police caught the guy in my house. He had stuck my nightstand handgun in a pillowcase in preparation of taking it with him. The gun was important because it increased the level of burglary and the guy was facing 20 yrs because of previous crimes.

The police simply photographed it in the bag and gave me back the gun. But, and this is important, the gun was not actually used in a crime. If its used in a murder and the person gets the death penalty, you'll probably never get the gun back.

So, bottom line, it just depends.

Mike38 · April 25, 2016, 09:48 PM

I had a .22LR revolver stolen from my home by a relative. I reported it the same day it was stolen. About a month later I got a call from the county sheriff's department telling me my handgun was found, but was used in a robbery of a convenience store in Rockford IL about 70 miles away. I asked if anyone got hurt, and the person on the phone told me that my gun was fired, but wouldn't go into any further details. I would get it back after the court date, as it was being held as evidence. About six months later I got a call from the Rockford PD and was told to come and pick up my handgun. So it's possible to get back your property, even a firearm.

Side note, when I picked up the handgun, I was told to case it, walk straight to my car, place handgun in trunk, and get out of Rockford. A Rockford PD squad car followed me out of town.

Slotback · May 23, 2016, 01:48 PM

A friend told me that he took a gun off a guy he arrested 15 years ago. Everything was long since adjudicated and since the guy had no felonies or domestic violence cases they gave it back to him. He said he was a stupid kid then who had since grown up.

johnwilliamson062 · May 23, 2016, 07:10 PM

I know of one department that holds onto some of the guns they seize. They occassionally take them shooting on Mondays at the state range(LEO only on Mondays). Supposedly some nice NFA stuff has piled up over the last hundred years.

Seems most people who get it back wish they'd been cut a check.

April 6, 2016, 10:03 PM	#1
DirtyHarold Senior Member Join Date: July 23, 2015 Posts: 158	They seize your gun as evidence...do you ever get it back? I understand that in the event of a self defense shooting--even if legitimate, they seize your gun as evidence. Do you get it back once everything is all said and done?

April 6, 2016, 10:14 PM	#2
doofus47 Senior Member Join Date: June 9, 2010 Location: live in a in a house when i'm not in a tent Posts: 2,483	From what I understand, the method varies from place to place but the answer is yes, if you are innocent. If you come to the bridge, ask your lawyer. __________________ I'm right about the metric system 3/4 of the time.

April 6, 2016, 11:27 PM	#3
JohnKSa Staff Join Date: February 12, 2001 Location: DFW Area Posts: 24,972	Probably. If no charges are brought and there are no complicating issues then you will get the gun back after the police are done with it. That could take years if a case is pending. http://criminal.lawyers.com/criminal...an-arrest.html http://www.tdcaa.com/node/4196 __________________ Do you know about the TEXAS State Rifle Association?

April 7, 2016, 12:06 AM	#4
Lucas McCain Senior Member Join Date: March 7, 2013 Location: Callaway, MN Posts: 361	I have an acquaintance whose home was burglarized and he lost several guns. The cops caught the guys and they still had the guns. The guns were kept for evidence. After about 4-5 dos. they were tried, convicted and sent to prison for several years. After the trial was over and he waited several mos. He tried to find out when he would get the guns back, but was told they had to hold them for evidence in the event of appeals being brought forward. That went on and he more or less forgot about them. The criminals had served their sentence, was out of jail and something like 3 years after they were released the guns were returned to him. They were all rusted up and in terrible shape,and for the most part useless junk. If they take your gun, don't plan on getting it anytime soon. law enforcement will give it back when they feel like it, not before. __________________ If you have time to do it twice, then you have time to do it once right and put your name on it

April 7, 2016, 05:51 PM	#9
rwilson452 Senior Member Join Date: June 10, 2004 Location: Tioga co. PA Posts: 2,647	As others have said, it depends on the LEOs and DA you dealing with. Some are prompt others not so much. Some will deliberately damage you stuff. others will take care of it. Some LEO/DA shops you need to take them to court to get them back. If you can take pictures of all your guns. frequently. Some when it comes back looking like it has been soaking in saltwater you can make them pay. Note sometimes they pay the damages plus court costs. As always, get legal consul. __________________ USNRET '61-'81

April 7, 2016, 05:25 AM	#5
mag1911 Senior Member Join Date: March 3, 2011 Posts: 140	One coworker had a nickel Series 70 stolen and filed a report. It was recovered during a raid and kept for evidence. I think he told me he got it back in 2-3 years and it was pretty beat up with the case number engraved on it somewhere. I would think you could probably expect about the same for a self defense case.

April 7, 2016, 06:13 AM	#6
5whiskey Senior Member Join Date: October 23, 2005 Location: US Posts: 3,652	For a SD case you will, eventually, get your gun back. As soon as a prosecutor determines that no charges will be filed you should be good. In a case of a stolen gun that is recovered it all depends. I've recovered some that I photographed and videod very well and returned to the owner even before trial. Said owner obviously had no connection to who stole it and it was stolen during a break in. We dont hold on to stolen cars for years and still win the case, a stolen gun isnt much different. I do know that there are some questionable gun owners that have friends who would really like to have a gun but can't purchase one through normal means. When these gun owners have a gun "stolen" and there are no obvious signs of forced entry, that gun stays in evidence a long time once its recovered. Also if a suspect pleads guilty he cannot appeal later... For those agencies that play that game. Some areas are way more pro RKBA than others. Cops in a not so good area are probably more likely to play the "it must stay in evidence forever" game. If also depends on the situation. If the s/n is filed off or it is used in a murder then you have a slim chance of getting your gun back... Ever. As to the condition of a gun... I would suspect that has as much or more to do with the thief.

April 7, 2016, 05:03 PM	#8
Brit Senior Member Join Date: January 29, 2005 Location: Orlando FL Posts: 1,934	A friend of mine fell afoul of an Ex friend, a Canadian Police Sgt. A Swat Team rolled up to his house, seized all his guns (in Safes) and Ammo. The jiggery pokey was exposed, he got his guns back, one was badly damaged, it was judged as malicious damage, he was compensated, big time. That is the only case I have ever heard of, of that nature. My Friend sued, was not allowed to reveal the settlement! But it was big, sold his house and moved. Bought a much bigger home!

April 7, 2016, 05:57 PM	#10
44 AMP Staff Join Date: March 11, 2006 Location: Upper US Posts: 28,818	The police will hold on to a gun longer than the will a car, or a flatscreen TV or a chainsaw or a BOOK! Because, well, ..its a ...GUN!... I have heard of places where it took a court order for the police to return a gun(s) to their lawful owner AFTER ALL case related matters were settled. I have also heard of a place where the police refused to return ANY gun, for any reason, including a valid court order. They issue a check, instead. And if you are lucky, that check will cover the "book value" of the gun at the time you are asking for it back. Guns are often horribly mistreated while "evidence", and a EXC condition collector's piece (when recovered) might be a POOR condition piece when they cut you the check. (for the book value of a POOR piece) Expect this, and be prepared to live with it, IF they take you gun(s), they WON'T be in the same shape, when/IF you eventually get them back. __________________ All else being equal (and it almost never is) bigger bullets tend to work better.

April 7, 2016, 09:16 PM	#11
BitterTait Senior Member Join Date: December 9, 2009 Location: Michigan Posts: 144	The one case I know of involved a friend who managed negligently shoot himself in the hand. The police took the pistol, he was charged with reckless use of a firearm, and after about 2 months the police officer sent out a letter saying something along the lines of "It has come to our attention that we have your property at XX station, pick it up in 30 days or it will be disposed of". No damages, no case numbers engraved. This was in SE michigan, which has a decent gun culture among civilians at least. __________________ Powered by VI!

April 8, 2016, 12:01 AM	#13
62coltnavy Senior Member Join Date: February 1, 2011 Posts: 356	In California, it varies by county. Both San Francisco and Oakland were taken to court over the games they played by requiring "proof of ownership" in order for a gun to be returned--even when the owner from whom the gun was taken has a receipt for it from the police and a form from the CADOJ authorizing its return. they would demand sales receipts, etc, and delay and delay and delay. Los Angeles pulled an even faster one on a retired cop/gun collector who was entrapped in a sting operation by the LASO. They seized his entire collection worth about $500,000. And when the case was over--it was so obviously a bad case the DA refused to prosecute--they would not give his guns back, and gave him the run around. The city attorney even gave his counsel the runaround. And, without telling anyone, and despite the fact that a case was pending to have the court order the firearms returned, the City Attorney got an order of destruction from a friendly judge, and all of the guns were (allegedly, but one never knows for sure) destroyed. And plaintiff collector was handed a fait accompli. He sued, but for reasons I don't understand (the judge ruled the case was barred by res judicata, which makes no sense to me), his claim for damages was dismissed. I suspect it is up on appeal.

April 8, 2016, 09:04 AM	#14
PolarFBear Senior Member Join Date: April 22, 2015 Location: NE Tennessee, a "Free State" Posts: 477	South Carolina. I had a firearm stolen from my vehicle. Was used in a fratricide. A career criminal shot his career criminal brother over a ham sandwich in their father's home. It's been ten years, haven't been able to get the pistol back yet. Police said it had to be held in case of appeals. I have replaced the piece and moved on.

April 8, 2016, 10:04 AM	#15
Brit Senior Member Join Date: January 29, 2005 Location: Orlando FL Posts: 1,934	The habit of scratching a number? on the slide of a gun, when it has a serial number stamped on it? Is stupid.

April 8, 2016, 03:30 PM	#16
boatdoc173 Senior Member Join Date: July 2, 2015 Location: southern Ct Posts: 194	this is the reason I use Glocks for hd/sd. they are pretty durable, the cops cannot destroy them(usually) and I can get another easily for about $550

April 8, 2016, 06:30 PM	#17
tony pasley Senior Member Join Date: April 13, 2006 Location: western north carolina Posts: 1,641	Not if it a classic handgun it will end up missing like a friend of mines 1927 Colt that was his Grandfathers. __________________ Every day Congress is in session we lose a little bit more of our Liberty.

April 8, 2016, 08:57 PM	#18
SHR970 Senior Member Join Date: January 24, 2011 Posts: 1,427	I had the priveledge of being a juror on an attempted murder case. The DA's office provided all manner of evidence including ballistic matching of bullets, tool marks, the gun used (defense had to call for it), etc. One problem. The "Gun" was such a rusted pile of junk when it was presented that it could not even have the cylinder opened. There was ZERO chance that it could have the testing reproduced. The accused had to be aquitted. As presented.. The "Gun" was nonfunctional scrap metal. The accused might have actually done it..but the fact was what was presented as the "Gun" used was a rusted locked up nonfunctional paperweight. My point is that the people handling the chain of evidence were sloppy to say the least. This was evidence for an attempted murder trial. Do not count on your weapon being returned in ANYTHING resembling useable condition. Anything above scrap metal is a bonus.

April 9, 2016, 12:23 AM	#19
44 AMP Staff Join Date: March 11, 2006 Location: Upper US Posts: 28,818	Understand something, when the police take your property as evidence, it is, in effect, no longer your property. It is "evidence". Their main, and sometimes only concern is that the chain of evidence is intact enough to stand up in court. Police adding their own number or identifying mark is an old practice. It was featured in most of the Perry Mason episodes, waaay back when. There is another attitude at work, as well. And it makes a degree of sense in today lawsuit happy times. The cops are reluctant to release guns, possibly because they are concerned about being held responsible. After all, YOU have "proven" you can't keep the gun they seized off the street (stolen guns), because if you could, they wouldn't have it in the first place. So the risk potential for them might be coloring their attitudes and their actions. __________________ All else being equal (and it almost never is) bigger bullets tend to work better.

April 24, 2016, 01:40 PM	#20
Brit Senior Member Join Date: January 29, 2005 Location: Orlando FL Posts: 1,934	In Montreal, Quebec Canada, an Embassy was a large House, behind a high wall, and a big steel gate. Turkish? Long time ago, I was the Expert witness for the defense, I determined by the evidence, and Pinkerton's Radio recordings, it was raining at the time of this event. My trip to the evidence room, revealed a spotless, well lubricated Sawn Off Shotgun! The keeper of the evidence area, cleaned and lubricated this weapon. I advised they plead guilty, the impact of double ought buck, between the legs of the Guard, as he lay dying, were one pellet had hit him in the heart, the other 8 had hit the steel corner of the passage, to the gate house, he took cover behind. A hundred plus years ago civil war. I got paid in cash. Came out of a big plastic bag. 1985 ARA Attack Turkish Embassy-Ottawa Reviewed death scene on behalf of defense lawyer Convinced Lawyer for accused that their clients had shot at a mortally wounded Pinkerton Guard, while he was lying dieing on the ground, the three accused changed their plea to guilty. Last edited by Brit; April 24, 2016 at 01:58 PM.

April 24, 2016, 04:03 PM	#21
KyJim Senior Member Join Date: July 26, 2005 Location: The Bluegrass Posts: 9,142	My house was burglarized and, fortunately, the police caught the guy in my house. He had stuck my nightstand handgun in a pillowcase in preparation of taking it with him. The gun was important because it increased the level of burglary and the guy was facing 20 yrs because of previous crimes. The police simply photographed it in the bag and gave me back the gun. But, and this is important, the gun was not actually used in a crime. If its used in a murder and the person gets the death penalty, you'll probably never get the gun back. So, bottom line, it just depends.

April 25, 2016, 09:48 PM	#22
Mike38 Senior Member Join Date: December 28, 2009 Location: North Central Illinois Posts: 2,710	I had a .22LR revolver stolen from my home by a relative. I reported it the same day it was stolen. About a month later I got a call from the county sheriff's department telling me my handgun was found, but was used in a robbery of a convenience store in Rockford IL about 70 miles away. I asked if anyone got hurt, and the person on the phone told me that my gun was fired, but wouldn't go into any further details. I would get it back after the court date, as it was being held as evidence. About six months later I got a call from the Rockford PD and was told to come and pick up my handgun. So it's possible to get back your property, even a firearm. Side note, when I picked up the handgun, I was told to case it, walk straight to my car, place handgun in trunk, and get out of Rockford. A Rockford PD squad car followed me out of town.

May 23, 2016, 01:48 PM	#23
Slotback Senior Member Join Date: May 30, 2010 Posts: 162	A friend told me that he took a gun off a guy he arrested 15 years ago. Everything was long since adjudicated and since the guy had no felonies or domestic violence cases they gave it back to him. He said he was a stupid kid then who had since grown up.

May 23, 2016, 07:10 PM	#24
johnwilliamson062 Junior member Join Date: May 16, 2008 Posts: 9,995	I know of one department that holds onto some of the guns they seize. They occassionally take them shooting on Mondays at the state range(LEO only on Mondays). Supposedly some nice NFA stuff has piled up over the last hundred years. Seems most people who get it back wish they'd been cut a check.