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

This is a discussion on They seize your gun as evidence...do you ever get it back? within the CCW forums, part of the Firearm Forum category; Why some people carry Hi Points, and other circle of fire guns. I usually carry guns with less than a $500 value, and never over ...


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Old March 11th, 2017, 08:24 AM   #46
 
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Why some people carry Hi Points, and other circle of fire guns. I usually carry guns with less than a $500 value, and never over a grand. Usually it is a GP100, or a Star Super A.

My wife a SMC380($200), and a Colt Police Positive($160). Just recently got her a Witness Pavona ($340). She is not carrying it yet, waiting for the holster to dry.



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Old March 11th, 2017, 09:42 AM   #47
 
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I've never known law enforcement to permanently mark an evidenciary firearm, as that could be considered alteration of evidence. The factory stamped information, including serial number, is sufficient permanent marking for identification. Of course, the firearm must have a securely attached (but eventually removeable) evidence tag for departmental case identification.
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Old March 11th, 2017, 10:12 AM   #48
 
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My brother had his Colt Govt 1911 stolen by a room mates friend about 9 years ago. About six years went by, then got a call from the police asking if he owned one. Told them the story and they said we have it here, come get it. He got it back but front & rear sights were gone. About $80 for new ones and a royal pita to put front one on. So the system does work. Just very slowly. Ron
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Old March 11th, 2017, 01:52 PM   #49
 
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In theory you should be able to. In real life don't count on it.
My daughter's place of business was robbed by two armed men. They took the cash box , herded the employee's into a back room and told them to face the wall and kneel down. They don't like to leave any witnesses to testify. She took a 44 special revolver from her pocket , one man spotted her standing there armed and raised his gun to shoot her, she dropped him with one shot , center of chest, the other man ran.

After two separate trials , appeals , a new trials and more appeals ,long story short , her 44 special couldn't be "located" they are still investigating the theft but I'm not holding my breath.

Use a gun you do not care about losing or getting back. This is a real case , it really happened not some made up story.

Daddy was so proud of his little girl, one shot in the bread basket , the bad guy went down , fired his gun when he hit the floor and shot out the ceiling light. The bullet went through him and hit his spine !
The police arrested the other guy , 4 eyewitnesses to testify at trial. That's why there were two trials and several appeals. The longer the system keeps your gun the less chance you will get it back.
Gary

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Old March 11th, 2017, 03:32 PM   #50
 
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for years los angeles county would not return guns siezed as evidence without a court order. If you had a 300 dollar gun it would cost more than it was worth until they did it to a high power lawyer and he sued them and hey had to pay him and all the other people punitive damages.
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Old March 12th, 2017, 10:33 AM   #51
 
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Years ago when the gun buy back crap started our town auctioned all the firearms that could not be returned to the owners. Every TV station in the state showed up to watch air guns go for more than new cost, little Jonny's parents didn't want it back.

I do have a friend who has a rifle in a police station and its been in time out for 20+ years and as soon as he can get a LTC its his to have, checks on it about once a year.
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Old March 12th, 2017, 10:43 AM   #52
 
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Rumor going around that Las Vegas Metro PD routinely "loses" the weapons.
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Old May 29th, 2017, 11:14 AM   #53
 
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A house keeper stole my revolver and used it to kill herself. Took about 3 months to get it back from the sheriff in a neighboring county. The only markings were a magic marker on the cylinder.
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Old May 29th, 2017, 12:06 PM   #54
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I spent a good share of my life in court rooms, evidence rooms, and the legal system. Any time evidence is seized as part of an investigation, it must be bagged and tagged and placed in an evidence room. When the investigation has concluded and the case has been tried in court or otherwise resolved, the evidence must be "adjudicated" .... meaning the assigned judge must order the disposition of all evidence collected. This can be months or even years after the crime happened. Many times the evidences is ordered to be destroyed ... such as drugs or other perishables. Guns may be returned by a judges order at the request of the owner ... provided they have not had a felony conviction. Many times guns are ordered to have their frames (serial numbered part) cut up and the remaining parts are then sold to companies like Numrich Arms, and in turn are sold back to the public one part at a time. Judges order this to recover as much money as they can for court costs.

Don't make any bets as to the honesty of your LEOs .... firearms are very tempting ... they just happen to disappear before getting logged into the evidence room. In years past, evidence custodians were required to make a permanent mark on all evidence so it was undisputable in court. LEAs across the nation were sued many times when expensive jewelry, guns, antiques, or valuable keepsakes were returned with some sort of permanent mark. Laws were changes so now evidence tags are used that can be attached with a string or the object can be placed in a bag. There may still be some Podunk LEAs that still directly mark evidence .... but they aren't supposed to.

Last edited by Iowegan; May 29th, 2017 at 12:09 PM.
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Old May 29th, 2017, 01:24 PM   #55
 
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Two years ago my oldest son was stopped late at night for a traffic infraction, the Leo asked if he had any weapons in the vehicle, my son said he had a shotgun in the trunk. The Leo asked if he would open the trunk, my son complied. The shotgun was loaded and son was arrested. I spoke with police chief a week later and inquired about getting shotgun back. I was told that after disposition of the case the DA would contact chief and release gun. Two months later son plead( no trial) paid fine and police chief called and said DA released gun and I could come pick up. I was pretty happy with the outcome. This occurred in a smallish town in Maine. -mike
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Old May 30th, 2017, 05:05 AM   #56
 
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If you've survived a deadly force encounter what happens to the firearm after the fact is THE LEAST OF YOUR WORRIES !

Folks, it's a parachute, It did its job and you're done with it. If you get it back, Great. If you don't get it back, who cares?

As for evidence procedures, it varies.
For starters, the gun is going to go into evidence exactly the way it is found. If it's raining, it's going to be wet when collected and likely be allowed to air dry before being packaged. If it has blood on it, that blood is staying on it. If it was dropped in the mud, it's going to be picked up, air dried and packaged with the mud. The police are not intentionally damaging your property, they are preserving the evidence as it was found. Any cleaning would be altering the evidence and likely destroying evidence. They're not putting your bloody gun in a box because they hate you and want your gun to rust. They are diligently preserving evidence because that's their duty.
If your gun rusts while it's sitting in an evidence room - GET OVER IT !

As for evidence rooms and court, that depends on where you are. Some evidence rooms are packed and overflowing. They are more than happy to return items to rightful owners as soon as they lawfully can. They don't want to store your stuff if they don't have to.

Court is a bit different. Once an item is introduced into evidence it transfers to the custody of the court. What happens to the evidence after trial varies. Sometimes the items are returned to the police to be destroyed (typically drugs). Sometimes it is held by the sheriff. Sometime evidence is held by the court clerk. Sometimes it is returned to the owner (typically stolen property).
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