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(NEED HELP!) Advice needed from the FR Banglist/Lawyer Community
Vanity

Posted on 07/19/2014 3:57:42 PM PDT by Red in Blue PA

Several years ago, we had a burglary and guns were stolen from our house. About a year ago, one of them turned up on a thug, who was reaching for it in his waistband and subsequently was tasered by the police before he was able to use it one them. In the end, the gun helped to put him away, but even with priors (including a shooting about 10 years back) he only received a sentence of 3 ½ to 7 years from our pathetic “justice” system.

Fast forward to the present. I was informed that I could get my gun (property) back one month after he was sentenced just in case he appealed the case. A month went by from the time he was sentenced, and I tried to get the gun. No help from the DA’s office or the police. In fact, I was informed by the police that before I would get my gun back, they were going to do a background check on ME! On the owner of the gun!!!!! WTF kind of system is this?

So I have been waiting now for approximately two months over the time when I was told I could get the gun back. He was sentenced in April, so I was told I could get the gun back June 1st. Apparently the officer who was involved in the case has to sign something to release the gun (not even sure why that should be required), but now that officer and the police are being sued by this thug and so the gun is not being released by their attorney (the attorney for the city)! It is my understanding that only the criminal case is what matters; whether the officer or the police are being sued in a civil case should have no bearing on the release of my gun.

Who should I contact to expedite this? I have sent too many emails and phone calls as it is. I am fed up. It is my property and they should not be able to keep it past the time they are supposed to. My local legislator is worthless as he is antigun and only got into office because he was unopposed.

If anyone has a contact number of someone at the NRA who could help, please Freepmail me, or if there are any attorneys with any ideas please let me know.

In my opinion, if you do not get your property back within one week of the time you should, there should be monetary penalties to those throwing up roadblocks. Luckily for me, it is not my only gun. Bu if that was all I could afford, these people would be leaving my family at the mercy of the vermin walking the streets. I cannot describe how I feel about the people involved in this process.

This is simply a criminal system.


TOPICS: Your Opinion/Questions
KEYWORDS: attorney; banglist; crime; guns; justicesystem; lawyerhelp; legaladvice; pa; vanity
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To: Red in Blue PA

Stop emailing and phoning and use registered mail, which gives you PROOF of delivery/acceptance of your demand to have your stolen property returned.

They can ignore phone calls and emails till the cows come home because obtaining proof of those will be just as hard to obtain as the gun. But the USPS will provide you with a handy dandy return receipt/proof of delivery (with signature!) that is in your possession rather than theirs.

Seems stupid, but snail mail creates a paper trail they can’t control or expunge. Which means they are more likely to pay attention and deal with it appropriately.


41 posted on 07/19/2014 4:53:10 PM PDT by Valpal1 (If the police can t solve a problem with violence, they ll find a way to fix it with brute force)
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To: Red in Blue PA

Why would they require a background check for your property?

Next they will ask for a psych exam.

Look, they obviously don’t want to give the gun back.

Cops do whatever they want, to whomever they want every day.

I can look up and find hundreds and hundreds of links and articles that support that statement. Cops can say and do whatever they want.

I’m telling you what to do, and you’re getting all defensive about it. Get a lawyer, contact your state reps, contact the NRA, contact the DA. Continue going into the station/courthouse every day and telling them you want your gun back.

They are already giving you a hard time, when they should have returned your property. You’re dealing with the POLICE who get away with murder on an almost daily basis. If you really want your gun back then you’re going to have to put some time and effort into it, since they haven’t given it back already.


42 posted on 07/19/2014 4:53:17 PM PDT by FreedomStar3028 (Evil must be punished.)
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To: Red in Blue PA

I understand how you feel, but put this in perspective, which you seem to have lost, being so focused on getting your gun back.

You yourself said it wasn’t expensive, you are upset because things aren’t the way you want them to be — well, that happens a lot in life.

Be glad they caught the perp and your gun helped put them away — so it accomplished a good thing.

Just move on, instead of wasting your energy on this.


43 posted on 07/19/2014 4:54:32 PM PDT by Innovative ("Winning isn't everything, it's the only thing." -- Vince Lombardi)
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To: FreedomStar3028
I can look up and find hundreds and hundreds of links and articles that support that statement.

I asked for ONE. You say you can provide one for what you claim, and still do not. Bug off.
44 posted on 07/19/2014 4:54:51 PM PDT by Red in Blue PA (When Injustice becomes Law, Resistance Becomes Duty.-Thomas Jefferson)
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To: Valpal1

Sensible advice. Thanks.


45 posted on 07/19/2014 4:55:47 PM PDT by Red in Blue PA (When Injustice becomes Law, Resistance Becomes Duty.-Thomas Jefferson)
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To: Red in Blue PA

If this is the way you are treating the police who won’t give your gun back, I can see why they are jerking you around.


46 posted on 07/19/2014 4:56:06 PM PDT by FreedomStar3028 (Evil must be punished.)
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To: Innovative
Just move on, instead of wasting your energy on this.

Where in my header did I say that was even an option? It is my property and I am getting it back.
47 posted on 07/19/2014 4:56:43 PM PDT by Red in Blue PA (When Injustice becomes Law, Resistance Becomes Duty.-Thomas Jefferson)
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To: Red in Blue PA; FreedomStar3028; babygene
Why wasn’t the gun locked up, by the way?

I wouldn’t even want it back... You don’t know how many people were murdered with it.

Red, I've landed in Bizarro Land. I hope you get your gun back.

48 posted on 07/19/2014 4:58:23 PM PDT by sockmonkey (Of course I didn't read the article. After all, this is Free Republic.)
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To: Red in Blue PA

Good luck!

You can let us know if and when you get your gun back.

Don’t be surprised if you start getting audited by the IRS...


49 posted on 07/19/2014 4:58:31 PM PDT by Innovative ("Winning isn't everything, it's the only thing." -- Vince Lombardi)
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To: sockmonkey

Seriously. Is this FR or is it DU?


50 posted on 07/19/2014 4:59:08 PM PDT by Red in Blue PA (When Injustice becomes Law, Resistance Becomes Duty.-Thomas Jefferson)
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To: Red in Blue PA

Ditto on Post #10. I could not discern however, if your “contacts” with the PD/DA were via phone or face to face? Try face to face first. This lets the cops know you are not a drug-adled whack-job. Also, they know you are serious about getting your property back. If no results? #10...


51 posted on 07/19/2014 4:59:09 PM PDT by donozark (The voices inside my head may not be real, but they have some good ideas!)
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To: Red in Blue PA

You don’t want to hire a lawyer but you want someone to resolve this for you. OK then keep bugging them. You can see from the comments here that the system often doesn’t return the firearm, or it takes a long time. You’d like the cops to pay a fine for your delay. Ok.


52 posted on 07/19/2014 5:02:33 PM PDT by Williams
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To: Red in Blue PA

Just in case I wasn’t clear, you need to find your state’s statute that obligates the state to return the gun to you, which will require signing-off from FR and doing a little research in your state’s criminal code; and then set the matter for a hearing, while filing a petition, probably using the criminal cause number.
The persecutor may call you and ask you to come get it, just to get the matter off his docket, unless the gun is needed for the dirtbag’s appeal.

But from what I’ve seen here, you should either hire a lawyer or kiss it goodbye.
Do it or get off the pot, in other words.


53 posted on 07/19/2014 5:03:54 PM PDT by tumblindice (America's founding fathers: all armed conservatives)
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To: Williams
or it takes a long time.

How long should I be expected to wait?

I was told I would get the gun back 1 month after sentencing. In 2 weeks, it will be two months after that point.

How long should I be expected to wait?
54 posted on 07/19/2014 5:05:58 PM PDT by Red in Blue PA (When Injustice becomes Law, Resistance Becomes Duty.-Thomas Jefferson)
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To: tumblindice
you need to find your state’s statute that obligates the state to return the gun to you

The DA's office made it clear that I could get my gun back ONE MONTH after sentencing.

From the horse's mouth.
55 posted on 07/19/2014 5:09:34 PM PDT by Red in Blue PA (When Injustice becomes Law, Resistance Becomes Duty.-Thomas Jefferson)
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To: Red in Blue PA

File a pro se civil action in State Superior court. They’ll cough up your pistol real quick.


56 posted on 07/19/2014 5:09:41 PM PDT by clee1 (We use 43 muscles to frown, 17 to smile, and 2 to pull a trigger. I'm lazy and I'm tired of smiling.)
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To: Red in Blue PA

Police can be quite dishonest. When I was a student at Troy University back around 1971, I applied at the Sheriff’s office for a concealed carry permit.

The head of the local sportsman club had told me to apply and said the Sheriff had agreed to start issuing them after being told they would get him defeated if he kept not approving them.

Every time I would go in, the chief deputy would check and tell me that my investigation had not come back yet. After a couple of months of this and my not suspecting anything, I happened to go by when the Sheriff’s wife was handling the desk. She went and checked and immediately wrote me a permit.

It took a couple of months for me to figure out that deputy was simply lying to me. I didn’t know it for certain but in my mind I am.


57 posted on 07/19/2014 5:15:34 PM PDT by yarddog (Romans 8: verses 38 and 39. "For I am persuaded".)
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FReepers! Let's go!
Every donation counts!



58 posted on 07/19/2014 5:19:05 PM PDT by RedMDer (May we always be happy and may our enemies always know it. - Sarah Palin, 10-18-2010)
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To: yarddog

Know a woman in the area who had a domestic violence issue. Husband left...Permanently. Police took the guns out of the house.

Never returned them. She went all the way up the chain. buck was passed and finally they said there were no guns. About 5K worth.


59 posted on 07/19/2014 5:22:37 PM PDT by Chickensoup (Leftist totalitarian fascism is on the move.)
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To: Red in Blue PA
Seriously. Is this FR or is it DU?

I like mosin nagants. I assure you I have never anguished that maybe someone got a bayonet to the gut, or shot with one.

I think FR's gates have been breached by Friends of Mayor Bloomberg, and who knows what other kind of strange beings.

60 posted on 07/19/2014 5:23:32 PM PDT by sockmonkey (Of course I didn't read the article. After all, this is Free Republic.)
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