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June 2, 2020, 10:47 PM | #1 |
Junior Member
Join Date: October 26, 2019
Posts: 4
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Pistol confiscated by police and they won't return it.
Hello All,
My co-workers $700.00 pistol (stainless Ruger .22) was confiscated 2 years ago by the local police department (rural) and they refuse to return it. Any insight would be appreciated. This is what occurred: His wife's adult son, who has a prior felony conviction, took the pistol without permission and was walking down the road in their neighborhood. I think he was headed toward a large wooded area in order to shoot it. It's a rural area and open carry/shooting is legal, btw. Anyhow, one of the neighbors must have gotten worried and called the police. The police ended up confiscating the pistol from the step-son because he has a prior felony. My co-worker, who is the rightful owner, has been trying to get his pistol back for two years now but they will not release it. No charges have ever been filed and the police just say it is under investigation. What steps can he take to get his pistol back? As noted, he is the legal owner and it was taken without his permission, most assuredly. Thanks, Ralph |
June 2, 2020, 11:42 PM | #2 |
Senior Member
Join Date: September 23, 2013
Location: Alabama
Posts: 2,968
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they need a court order for the return. either they file charges and keep it as evidence or they do not and return it.
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June 3, 2020, 12:44 AM | #3 |
Staff
Join Date: September 25, 2008
Location: CONUS
Posts: 18,434
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This is a legal question. The answer is dependent on the laws of the state in which you are located and the particulars of the case. The Internet is not an appropriate place to seek legal advice (except in the most general sense).
For example: the father is the lawful owner and the son took the gun without permission. Are we to assume that the police had the gun before the father knew it had been stolen? If not -- did the father file a report that his firearm had been stolen? The father knew his son had a felony conviction, yet the gun was accessible to the felon? To be honest, your friend may consider himself lucky that he wasn't arrested for allowing a felon to access a firearm. I think it's best to close this before it gets too far along. If any of the attorneys among the moderators think it should be reopened, we'll reopen it. I'm sorry, Ralph, but I don't see any good likely to result from trying to hash this out on an open forum. Your friend needs to consult an attorney.
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June 3, 2020, 03:54 PM | #4 | ||
Staff
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,471
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Quote:
I will point out that in addition to any possible state law problems, the stepson could face serious federal charges, and the OP's friend (and/or the friend's wife) could also face serious federal charges depending on what actions they took, or failed to take, to prevent the stepson from having access to the gun. See, United States v. Huet, 665 F.3d 588 (3rd Cir., 2012), in which the gun a prohibited person was charged with illegally possessing was not secured against the prohibited person's access, supporting both the prohibited person's conviction for unlawful possession of a gun and the indictment of his cohabitant. From the opinion (at pg. 593, emphasis added): So the gun Hall, a convicted felon, was indicted for unlawfully possessing, belonged to his cohabitant, Huet. It appears to have been undisputed that Huet could lawfully possess firearms. Nonetheless, she was indicted for aiding and abetting Hall's unlawful possession of gun because Huet's gun wasn't secured against access by Hall.
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