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.
You see I support the result you want, but when you rule out an attorney and even rule out being a PITA as your own advocate, who realistically do you expect to do this for you? You would like someone at the NRA etc to do it and I hope they do. But this problem of cops seizing guns and not returning them is widespread add you see from the comments here. In Philadelphia they seize lawful guns from anyone they stop, knowing it is too expensive to fight to get them back. So you either have to be your own advocate sometimes or good luck.
Yes, some days it seems that the entire rest of the world has bought in to the Liberal arguments.
I lost a Ruger Security Six Stainless with a 6 inch barrel to that in the 70s.
Seems like you might need these links.
This provides a good sample form and instructions for filing a motion to return in Philadelphia under rule 588.
http://www.courts.phila.gov/pdf/forms/criminal/01-206-Return-of-Property.pdf
This is Rule 588.
http://www.pacode.com/secure/data/234/chapter5/s588.html
And this is from the Victim’s Right Statute.
http://law.lclark.edu/live/files/4976-pennsylvania
(g) Return of property. The appropriate law enforcement agency shall return to the victim property
seized as evidence if the prosecutor’s office determines that the evidence is no longer needed for
prosecution.
(fn 1: 18 P.S. § 11.201)
It’s possible that they will try to hang on to the gun until forced to return it.
Then you can afford to buy a new gun, that is not tainted.
For your own good, you shouldn’t obsess over this one.
This gun was used in commission of a crime and for the cost, that you yourself pointed out, it’s not worth the effort, not to mention any other trouble you may end up having.
Most people here are giving you good advice.
Let it go, buy another gun and move on, focus on your job and MBA courses.
This is not a question about your being right, which you are, this is about practicality and accepting reality that you can’t always get your way.
“God give me the courage to change the things I can, the serenity to accept the things I cannot change, and the WISDOM TO KNOW THE DIFFERENCE.”
I didn’t seek your opinion on gums. If you think any gun is “tainted” then you have psychological issues. No joke.
Seek help.
Thank you for the links. One would think the victims advocates office would have sent me something similar in their letter,
Most of us haven't any experience with having our weapons stolen and recovered in the commission of a crime. There are enough stories out there that folks tend to go with and/or embellish them - much like they do about hearing rumors about Palin or Cruz.
From your tale of woe, it may be that they think there is possible relevance of the gun as evidence which may be used in the suit against them - weak, but who knows? It could also be a conspiracy as some will tell you - the DA hates all guns and will go IRS to ensure you won't get it back.
So many States and separate cities and counties among them that nobody can give you a good answer without prior experience in same location.
Since the worth is low enough that you won't hire an attorney, the old adage, "Beggars can't be choosers" may apply - you are getting what you paid for as far as the "legal advice" goes. You tried, it failed, get over it without castigating those who offered their opinions.
Hope it works out and you get your old friend back in the personal arsenal.
FWIW, the city holding the gun recently paid out $22,000 for infringing on the rights of someone who open carried. Doubt they want to go down that path again.
Hope that helps you. $22K isn't generally a lot for a city and nothing to those who know the "city" will have to pay for their malfeasance...the citizens pay the fine via taxes.
‘Since the worth is low enough that you won’t hire an attorney, the old adage, “Beggars can’t be choosers” may apply - you are getting what you paid for as far as the “legal advice” goes. You tried, it failed, get over it without castigating those who offered their opinions.”
Well said.
You said " the police are being sued by this thug and so the gun is not being released by their attorney "
There is your answer -- you should be glad that your gun helped put away a criminal and go on with your life.
This city is on life support so 22k is quite a sum when you do not have it.
Re: you should be glad that your gun helped put away a criminal and go on with your life.
Simple question. Why are you so quick to see me be victimized twice?
Being sued is a civil action, not a criminal prosecution. The prosectuion is over, he is behind bars.
One has nothing to do with the other. They are being buttheads because it’s a gun. Anything else would have been returned already.
That’s because you think the name of the office (Victim’s Advocate) actually has something to do with what they do.
Instead it is just another branch of the EFTA bureaucratic machine that is sucking the life out of John Q. Public.
http://www.johnderbyshire.com/Opinions/Culture/efta.html
Geez...
Write a letter to them that if you don’t get the gun back in 30 days, you want the $469 (gun prices have risen over the years) back because it is your property. Also tell them the value of the property will enhance every 30 days. They have photo’s, serial number and written records of your legal purchase. They have no reason to hold onto it.
Nor would I want a chain saw in my tool shed that had been used for chain saw killings.....Stretching things a bit, aren’t we? Are there ghosts on a chain saw? Or a gun? Or a claw hammer? Maybe there are microbes in a house that witnessed a suicide? I cannot see your point.
He wasn’t at his house at the time it was burglarized, I assume. Should have been with him or hidden or locked up.
Probably either in the closet, or a drawer.
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