Police have my handgun...

[Bimmerworld]

Long story short, a month ago I had to defend my friend from an attack (on my property) with my handgun. Doesn't look like anything is going to come of it. Most of the officers who responded said it was a clear cut self defense case.

The police took it (USP) into evidence, and I have repeatedly called to get it back.

The first few times the detective said the case hadn't shipped to the city attorneys/DA yet because he was busy with a ton of other cases.

It's been like 3 weeks and I haven't heard anything from anyone at this point and would like to get my gun back.

Should I keep calling the Detective/police station? Just show up at the station and ask for it back again?

Should I just file the DOJ LEGR and hope it helps?

I have a clean record and this was the first time I've ever had a run in with the police.

[rod]

Keep calling until they either file the case or get tired of hearing from you. Don't let them forget about your gun.

[thedrickel]

Next time use a cheaper gun. Giving up a Glock or XD is nothing compared to the time & effort it could take to get your gun back, not to mention hiring a lawyer if you need to get one to intervene on your behalf.

[Jicko]

Long story short, a month ago I had to defend my friend from an attack (on my property) with my handgun. Doesn't look like anything is going to come of it. Most of the officers who responded said it was a clear cut self defense case.

The police took it (USP) into evidence, and I have repeatedly called to get it back.

The first few times the detective said the case hadn't shipped to the city attorneys/DA yet because he was busy with a ton of other cases.

It's been like 3 weeks and I haven't heard anything from anyone at this point and would like to get my gun back.

Should I keep calling the Detective/police station? Just show up at the station and ask for it back again?

Should I just file the DOJ LEGR and hope it helps?

I have a clean record and this was the first time I've ever had a run in with the police.

Contact our preferred lawyers @ "Trutanich • Michel, LLP" http://www.tmllp.com/

PS. you are not likely to see it until the case is "over".... ie. more like... 3 years... than 3 months or 3 weeks

[WokMaster1]

Need more details so we can see if you need a lawyer & all. Cops saying you're A-OK is just that. Why are they referring the case to the DAs office? Did you shoot someone? Did you fire any shots? Did you brandish the gun?

If shots were fired, get an attorney. Don't waste your time talking to us. Just my $0.02.

[Wulf]

Just go buy another one. Better to consider that gun as "lost" and view it as a good karma bonus if someday it returns to you.

Its best to avoid excessive financial or emotional investment in any gun kept for self defense. In todays legal system a PDW is effectively a single use disposable product.

Many good firearms instructors will tell you up front that anytime you draw a gun in self defense, financially at least, you're putting a minimum $10K bet on the table.

As noted before, if you shot the weapon or there's even a little bit of question regarding the righteousness of your actions, you should speak with an attorney soonest.

[SnWnMe]

I can see why one should choose the best gun they can afford for SD/HD. But man a med frame 357 revolver is just as effective and much much easier to replace

[Blue]

I can see why one should choose the best gun they can afford for SD/HD. But man a med frame 357 revolver is just as effective and much much easier to replace

No kidding, this makes me want to go out and get a cheapie Taurus to keep in the bedroom instead of my 1911 or XD.

[Exiledviking]

it was a USP? oh man i feel where you're coming from, they have one of my USP's too... bastards are probably whoring it at the range

LTS, what happened to yours?

[odysseus]

More details on what happened would help.

[scootergmc]

Go to the station itself. Ask about your gun. They're most likely holding your gun waiting to hear from the DA's office regarding the case. If that's what they tell you, go to the DA's office.

[Mr. Joshua]

Go to the station itself. Ask about your gun. They're most likely holding your gun waiting to hear from the DA's office regarding the case. If that's what they tell you, go to the DA's office.

Most likely scenario. I'm not going to be nosy and ask for specifics, but if whatever you did is under review by the DA; you probably won't get it back until everything is said and done with.

[hoffmang]

This is a two step process.

Step 1: Make sure your case is either forwarded to the DA or the Detective has decided not to forward. The only way to get that step done is to be a nag (politely.)

Step 2: Once you have a definitive determination either from the LEA or the DA that they are not proceeding, file a LEGR with DOJ, then submit the LEGR to the LEA.

-Gene

[DELTA]

Next time use a cheaper gun. Giving up a Glock or XD is nothing compared to the time & effort it could take to get your gun back, not to mention hiring a lawyer if you need to get one to intervene on your behalf.

If you are defending someone's life, you want to use a cheap unreliable firearm just so you don't lose an expensive one? How cheap is your life worth to you?

[ocabj]

Inexpensive doesn't equate to less reliability.

I do believe that it's a good idea to use a home defense firearm that can be easily replaced, since you will have to give it up to the police as evidence.

That's why I have a Remington 870 for home defense. I can easily get another one for $300 easily.

As far as a Glock or XD, those are two very reliable guns, and are fairly inexpensive at $500 and are numerous. Would you use your $3000 over/under shotgun in a home defense situation? Would you use a $2000 match tuned competition 1911? How about a CA registered Assault Weapon?

I think going with a simple, reliable, and easily replacable firearm for home defense is feasible. Just because I use a $300 Remington 870 or my $600 XD40 Tactical, does that put my life at risk in a self defense situation as opposed to having used a CA AW registered Colt 16" M4 clone? I think not.

Of course, if you're talking about using a $100 pocket gun like a Raven, then I understand where you're coming from.