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.
File suit against the crook for all the emotional trauma you had to deal with from having your gun stolen.
Yeah, because hiring a lawyer is free, and the crook surely has deep pockets to hit/s
“Using that logic, never buy a used car again. After all, you don’t know how many people were killed with it by drunk drivers.”
That’s a little different don’t you think? I would think that most cars involved in drunk driver situations are never returned, and are scrapped...
Amendment Vand
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
18 U.S. Code § 242 - Deprivation of rights under color of lawAnd possibly 18 U.S. Code § 241.
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
To: Red in Blue PA
You wont get the gun back without a court order, which will take a lawyer.
The gun will sit in the back room for a while and then either be sold, melted down, or taken home by a cop.
DON’T BELIEVE EVERYTHING YOU READ,
our stolen gun used in a PA murder was returned, just go introduce yourself to person in charge, i.e. Sheriff, Chief and let them know your situation.
“Not at all. The gun didn’t murder anyone. The perp did.”
I understand that, but I still wouldn’t want it in my collection.
A new crime come’s up, and it is traced to my gun... I wouldn’t want to deal with this.
Nor would I want a chain saw in my tool shed that had been used for chain saw killings.
My guns are always welcome home. Always. End of story.
Well good luck.
I’m just telling you that they’ll probably give you some type of excuse or something. I mean you’ve even said they haven’t given it back when they told you they would. They are holding it. That’s the first sign they aren’t going to give it back, second is they are giving you different excuses to why they aren’t giving it back. The cops/gov is not your friend. Third will be they will not return your phone calls, or refuse to do anything about it, or answer questions. Or has that already happened?
They could just as easily say that because it got stolen that you aren’t fit to own it, they can say or do whatever they want, and no one is going to hold them accountable.
If I had a nickel for every time the cops and local gov screwed a victim over, I would be a very wealthy man.
I’m sorry this happened, you need to do a few things though.
1.) consult with a lawyer
2.) contact the NRA
3.) contact your state reps
4.) call the DA
Why wasn’t the gun locked up, by the way?
You are right to be upset, but I would just let it go, you shouldn’t want to have a gun used in a crime, even if technically you have full right to get it back. You never know whether it might become a problem later on, or even if it won’t.
Be glad the guy is sitting in jail.
Just get another one, nice, brand new one.
Don’t blame the police on this one.
But this gun was used in a crime... almost shooting or attempting to shoot a police man.
It IS evidence.
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