This sounds like a Moose, but still a Moose who was in the right place and did the right thing. Why he’s even bothering to argue with the PD now instead of just quietly getting a court order, would be a mystery to me.
More stealing by cops. That’s all I see - private property rights, self defense rights, and civil rights be damned.
Has to be pushed to a higher court and some people need to lose their jobs (for openers).
It can be quite expensive to get a court order. Court orders can frequently cost more than the value of the firearm. If I had been jacked around three or four times by the police for essentially no reason, I might decide to fight it publicly as well.
A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property to be held in the U.S. Marshals custody or that of another designated official, under order and supervision of the court, until the court determines otherwise. This type of writ is commonly used to take property from an individual wrongfully in possession of it and return it to its rightful owner.
http://www.usmarshals.gov/process/replevin.htm
That's the way it's done.
Regards,
GtG