“The burden should be on the police who took the firearm, to return it.”...........
Guess the law makers see otherwise. The best way to get your gun back is to NOT lose it in the first place, obey the laws and “no problem”, at least thus far.
If you ever have to use your gun in self-defense, the police WILL take it as evidence, and WILL keep it until ordered to return it by a court. If it’s a particularly nice gun, it may find its way into some cop’s personal collection.
Ideally, the law should state that, if no charges have been filed by a deadline of 90 days, the police need to return it, with failure to return being treated as theft, and the chief of police being liable.
First, you assume the arrested is actually guilty.
2nd, it is personal property and part of an estate. Even if the arrested is guilty, his effects should rightly go to his heirs for their benefit.
“The best way to get your gun back is to NOT lose it in the first place, obey the laws and “no problem”, at least thus far.”
Too bad everyone commits about three felonies a day, whether they wish to or not.
You are naive if you believe that prosecutors cannot come up with a crime to charge you with, if they desire to do so.
In addition, police routinely take guns without a crime being committed; often just because: Gun!
I have heard first person accounts of too many cases (most often in California) where police confiscated guns simply because the guns were present.
The police then refuse to give them back without a court order.
As obtaining a court order usually cost more than the value of the gun(s), it became legalized theft.
"If you have done nothing wrong, you have nothing to worry about comrade." Lavrenty Beria
Your faith in government is quaint.
How ‘bout once GOVT obeys the Constitution, We the People follow the Law?
More time that now, they are taken by police, regardless if charged or not, and willfully hold until court ordered.
IMO, they should be returned immediately (if not charged, or after trail/etc.). Failure to do so holds EACH in the line of evidence liable(as, more than likely, it never should have been taken to begin), let’s say 5x the value.
We’re talking here of people whose guns were taken and there turned out to be no case against them and their guns should be returned. Are you assuming only criminals’ guns are ever confiscated by police?
obey the laws and âno problemâ
And cover your a$$