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View Full Version : 1 gun returned but not ammo


Darklyte27
10-27-2013, 10:40 AM
So a few months back I finally got 1 of my guns back, unfortunately they said they could not give me the ammo that was in the envelope.

The clerk or officer had to walk me out of the building as well which i understand.

I am sure most will say just take the loss, but I wanted to find out if this is the usual procedure? Do they just destroy the ammo? it was 10 rds of HP that was in there.

teetsjones
10-27-2013, 10:56 AM
I would imagine it is a common procedure. From their perspective it makes sense. They don't know you, they return a firearm, (they either took from you or are returning to you from some other loss, and the officer probably doesn't know which) and to return your ammunition may not be prudent. What if you still held a grudge they "stole" your firearm, and wanted revenge? If they returned your ammo with the firearm they provided you the method and the means to fulfill your revenge.

I would hope on the other hand if they had a large amount of ammo, that you would be able to get that back on a subsequent visit.

Darklyte27
10-27-2013, 11:03 AM
I wonder if they could have mailed it or something ya know? given ammo prices the way they have been, it was hornady HP stuff, 20 rd box .40sw which usually runs 15-20$

CBR_rider
10-27-2013, 11:57 AM
The policy at my agency is (which should have been explained to you, but may not have been...) if the ammunition is to be returned you pick up firearm on one day and ammunition the next.

SOAR79
10-27-2013, 12:11 PM
how much ammo was it?

boogak
10-27-2013, 12:16 PM
When i picked up my firearm from san francisco sheriffs dept they said they cant give me the ammo at the same time i pick up the gun. The deputy said i can come back the next day to pick it up. I had him sign the receipt that the ammo was not released to me just in case. The deputy was very nice and understood why i asked him to.

19K
10-27-2013, 12:18 PM
how much ammo was it?

it says in his post, 10 rounds of hollowpoints.

I don't see why they couldn't give it back to you the next day. unless someone took it and shot it haha.

Dvrjon
10-27-2013, 12:18 PM
how much ammo was it?

See post 1

MA5177
10-27-2013, 12:47 PM
You got your gun back and you are worried about 10 rounds???

760knox
10-27-2013, 12:50 PM
You got your gun back and you are worried about 10 rounds???

Unless it was some black talon! Yes, they do that so you don't go loco and start shooting. I'd be so happy just to have the gun back if I ever lost or have a gun stolen.

nick
10-27-2013, 12:53 PM
You got your gun back and you are worried about 10 rounds???

Why not? It's still his property.

jdben92883
10-27-2013, 1:09 PM
15 years ago I had a revolver handed over to the SD police department when ACE took the liberty to tow my truck. When I picked it up there was no ammo. Didn't really care.

Wolverine
10-27-2013, 1:12 PM
Unless it was some black talon! Yes, they do that so you don't go loco and start shooting. I'd be so happy just to have the gun back if I ever lost or have a gun stolen.

Couldn't someone just bring their own ammo? Or do they strip search people picking up their firearms before turning them over?

Darklyte27
10-27-2013, 5:18 PM
Why not? It's still his property.

Thats what im getting at, its still my property, its the principal more than ammo.

Wolverine, the place has metal detectors. Also I had to get a LEGR form.

taperxz
10-27-2013, 5:48 PM
My Sheriffs office has no problem with me walking in with my concealed carry weapon. I don't see what the problem is with giving the person their ammo back and walking them out the door. WTF is the difference?

Darklyte27
10-27-2013, 6:11 PM
It must be because its San Francisco...

teetsjones
10-27-2013, 6:13 PM
My Sheriffs office has no problem with me walking in with my concealed carry weapon. I don't see what the problem is with giving the person their ammo back and walking them out the door. WTF is the difference?

The difference is you are not picking up a firearm that may have been taken from you.

Some people may become very agitated that their property had been taken from them, and petty enough to want revenge because of it. Sure they could bring their own ammo. But why tempt fate by giving firearm and ammo back at the same time.

Paul S
10-27-2013, 6:40 PM
It must be because its San Francisco...

No it's not because it is anti-gun San Francisco.

As noted in other posts L.E. agencies see it ( not returning ammo along with firearm) as prudent for the safety of staff. But you should have been advised that you could return the next day or whatever and pick up the ammo.

Not giving you that advisory and a chance to do so could well be San Francisco thing. :mad:

KABA556
10-27-2013, 7:14 PM
On general principle I would file a lawsuit over the matter.

The more they get sued over this garbage the less they will indulge in such behavior.


Lawsuits speak to police in a language they understand. They believe they are the law, a lawsuit shows them that they are not the law and it brings the weight of the law down upon them.



The first step would be to call and ask if you may retrieve your ammunition. If they say that you may not, then the matter cannot be resolved easily and simply. If they say that yes you may retrieve the ammunition as the gun was already returned to you, then the matter is over as soon as they give you the ammunition.


If the call ends and they have told you that you are not getting the ammunition then you should send them a written note, officially demanding the return of your property, certified and return receipt requested. Send it to the city's attorney, describe the property, the circumstances under which it was taken, document the date and time that you contacted the department on the phone to request the return of said property, and mention that legal action will be brought in the proper court [figure out which court this would be and reference it in your letter] and that you will be requesting punitive damages for their willful disregard for your property rights.

Paul S
10-28-2013, 8:13 AM
On general principle I would file a lawsuit over the matter.

The more they get sued over this garbage the less they will indulge in such behavior.


Lawsuits speak to police in a language they understand. They believe they are the law, a lawsuit shows them that they are not the law and it brings the weight of the law down upon them.



The first step would be to call and ask if you may retrieve your ammunition. If they say that you may not, then the matter cannot be resolved easily and simply. If they say that yes you may retrieve the ammunition as the gun was already returned to you, then the matter is over as soon as they give you the ammunition.


If the call ends and they have told you that you are not getting the ammunition then you should send them a written note, officially demanding the return of your property, certified and return receipt requested. Send it to the city's attorney, describe the property, the circumstances under which it was taken, document the date and time that you contacted the department on the phone to request the return of said property, and mention that legal action will be brought in the proper court [figure out which court this would be and reference it in your letter] and that you will be requesting punitive damages for their willful disregard for your property rights.

Maybe YOU can fund such legal action over ten rounds of ammo...but I'll bet the OP can't.:eek:

taperxz
10-28-2013, 8:33 AM
The difference is you are not picking up a firearm that may have been taken from you.

Some people may become very agitated that their property had been taken from them, and petty enough to want revenge because of it. Sure they could bring their own ammo. But why tempt fate by giving firearm and ammo back at the same time.

Really? then why tempt fate and give him the handgun back at all:facepalm:

If he already owns a gun, he surely has ammo for it. In the event he was going to cause mayhem, what was to stop him from bring in ammo in his pocket?

It takes a criminal mind. A criminal with intent to harm is not going to make the plan that they will use the ammo that they hoped to get back. :TFH:

Gunsmith Dan
11-05-2013, 12:54 PM
All depends on the cost involved really almost every Department has rules against giving firearms and ammo together not just for safety reasons but legal (premium HP ammo can cost $2.00+ per round).

Many of these regulations were in force BEFORE the ruling in CA in regards to what is the definition of a loaded firearm, and so many are not updated. The law was before the court case that having ammo in the same container as the firearm was considered a loaded firearm. So the police legally could not hand over a firearm and your ammo because at that time that would of been considered a loaded firearm, of course we all know now that is not true.

But then changing government policies is a hard thing to do even when outdated or wrong.

John M
11-05-2013, 2:58 PM
Why not just call the agency and ask them what their policy is regarding the ammo and why its not returned? There are a bunch of clowns on this site and your likely to get bad advice.

fizux
11-06-2013, 6:32 AM
I think the policy is rooted in Antis projecting their own emotional instability upon everyone else. Like many other policies/laws, this one does nothing to stop a determined individual. The policy is focused on the hypothetical emotionally unstable gun owner with a sub-85 IQ, and the "danger" posed by handing that person both a firearm and ammo as they are being reminded of their recent unpleasant experience with that agency.

Is the danger real? No, of course not, but it makes some people feel better. Like other laws/policies, the Antis justify the unconstitutional scheme by characterizing it as a "minor inconvenience" that you have to come back 24 hours later, while balancing that against the lives of every officer in the building. Then they transition from gross mischaracterization to inflammatory talking point: Why do you insist upon the right to mass murder innocent police officers just because you're too lazy to spend a few minutes to pick up your ammo the next day?

It's all in the wrist; it certainly isn't in the brain.

Untamed1972
11-06-2013, 7:25 AM
I would imagine it is a common procedure. From their perspective it makes sense. They don't know you, they return a firearm, (they either took from you or are returning to you from some other loss, and the officer probably doesn't know which) and to return your ammunition may not be prudent. What if you still held a grudge they "stole" your firearm, and wanted revenge? If they returned your ammo with the firearm they provided you the method and the means to fulfill your revenge.

I would hope on the other hand if they had a large amount of ammo, that you would be able to get that back on a subsequent visit.

So why don't they hand it to a uniformed officer and have him deliver it to your home?

There is no excuse to retain someone's lawfully owned property without cause regardless of how little its value is.

Full Clip
11-06-2013, 7:27 AM
Hollow points?
Don't you mean "magic assault bullets"?

Artema
11-06-2013, 7:34 AM
My Sheriffs office has no problem with me walking in with my concealed carry weapon. I don't see what the problem is with giving the person their ammo back and walking them out the door. WTF is the difference?

The difference is most Sheriffs are not anti-2A.

Jerry1949
11-20-2013, 9:02 AM
The difference is most Sheriffs are not anti-2A.

I don't know that I totally agree with the "MOST" sheriffs not being 2A. There are more than a few free counties in California. Here's my story on this subject:

I guess I am posting this just for the sake of bragging but about two years ago my gun safe was ripped out of my floor and taken to a remote location and broken open. When I say ripped out of the floor I mean to say that it was 30 gun, safe, bolted to the floor. There was around 10 guns inside as well as about 5K rounds of various ammunition.(Don't preach NRA to me- I know their attitude about this and I still do it).

Of course everything was stolen.

But there is a bright side to all this as the police found some witnesses at the location where the safe was taken was able to catch the three guys that did the deed. The PD also recovered 99% of everything that was in the safe. About 6 or 7 months later, everyone of them had been convicted and sentenced to jail and my stuff was available for pick-up. After filing the DOJ paperwork I went to the PD and everything was returned to me all at the same time. All the guns-All the ammo-All in the same pickup.

But let me explain some circumstances here. I live in a very small town where everyone knows everyone and most people here are VERY pro 2A. Half the adults who live here have CCW permits and the other half are mostly glad of it. Only the bad guys object to that.

JDay
11-21-2013, 7:41 AM
They have to give it back absent a court order to the contrary. Otherwise they have to pay you fair market value for your property.

http://www.law.cornell.edu/constitution/fourth_amendment

Sent from my SGH-T999 using Tapatalk

Apocalypsenerd
11-21-2013, 7:58 AM
It seems to me that in most of these cases a small claims action would be possible. The cost for small claims is pretty small.

Shorthair
11-21-2013, 8:15 AM
I'm pretty stubborn but i think even I would still just call it good and let the 10 rounds pass into history. You can go back and argue the point if you chose, but the people on the otherside of the desk are getting paid for the time, you won't be. Simple economics. But, if the principal is more important than your time, go for it brother.

nickelnickelnine
11-21-2013, 1:27 PM
Dumb question maybe, but how do you know it was your ammo in the gun still?