PD destroyed my gun

[HowardW56]

What agency has the gun?

Here's the short version;
12(ish) years ago, a handgun was stolen from my apartment. it was duly reported as such at the time. Approximately 6 months ago, I received a bunch of calls from the local DA, local Public Defender, and a local Police Detective notifying me that 1. the gun was recovered on the person of a bad guy and 2. that I needed to testify at the trial.

Great.

During this whole mess I was informed that I would receive my property back once the case had been resolved, permission by the DA (WTF?) had been granted to return MY property, a fee had been paid to the state (to re-register the same gun that I already paid to register), and I had received a "law enforcement gun release" letter from the DOJ.

Well, I did all that and still no gun.

Now I have been told by the PD property room that they will not release my property until the detective that worked the case sends them some "paperwork". The property guy wouldnt tell me what "paperwork" they need, he only informed me that if the detective doesnt fill it out in time, that they WILL destroy my property on the 30th day.

Just to keep the facts straight, the DOJ letter was dated 12/17/08. That means that they will destroy MY property on 01/18/08. The only (according to them) person that can release my gun is the detective (who is now on vacation for the holiday's).

I am considering just showing up at the PD, waving my letter around, stomping my feet, and demanding my property be released immediately. Likely, that will not end well.

My questions for the brain trust are;
1. Can they put additional release requirements beyond the DOJ?
2. Given the circumstances, what would you do to recover your property?

Thanks,
g

[bandogg]

What kind of handgun is it.

You should go raise hell at the station

[falawful]

Not sure of the value of the gun to you, but I'd bring an attorney with you and quietly tape the conversations.

If that doesn't work, sue and make sure they're served before the deadline.

I'd be past rational thought on this one...

[Titans]

I had a pistol stolen (well a few actually) while I was living in Fremont, Ca.

Off topic but did anybody here have there pistols in a safe? Or were they just stored somewhere? Only reason i'm asking is to get an understanding of how "secure" a safe can be for firearm storage and how often safes get broken into...if that's the case.

[sorensen440]

Makes me wonder if the firearm in question went on vacation with the detective or if maybe they jumped the gun and destroyed it already

[CSACANNONEER]

Makes me wonder if the firearm in question went on vacation with the detective or if maybe they jumped the gun and destroyed it already

No, it's probably a nice weapon and a higher ranking officer wants to just take it home.

[Meplat]

Who had the keys Andy or Barney?

Something similar to this happened to me. I had paperwork signed by the judge, the da, my attorney and all of the paperwork from the doj and the chief of police was still not willing to release the guns to me. he said he needed a personal call from the da to release them and the magazines. i finally got the da to call this guy directly and sort it out. the next issue was that only one person had the keys to the property room and he was on vacation. all of this pushed the time limit on the doj paperwork to within days of expirey but i did get my property back.

all i can say is good luck and i know what you're going through.

[Meplat]

It sounds like dirty pool to me.

It sounds like someone likes that gun to me.

[berto]

Call the same PD and report a stolen gun.

[hoffmang]

You're going to have to keep moving up the chain until you get someone fired. I'd suggest going back and bringing pen and paper. Get the person's name and number then ask exactly who has to give which exact paperwork on which day and that person's number. State very clearly that if they destroy your property due to their own foul up, you'll fire an attorney and have him file a 44 USC 1983 action. I'd suggest sending a letter certified mail or fedex/ups very promptly outlining the problem, the facts, and the threat ASAP. If you have written proof and proof of delivery you'll stand a very good chance of them either complying or recovering from them and teaching them a lesson.

-Gene

[geeknow]

You're going to have to keep moving up the chain until you get someone fired. I'd suggest going back and bringing pen and paper. Get the person's name and number then ask exactly who has to give which exact paperwork on which day and that person's number. State very clearly that if they destroy your property due to their own foul up, you'll fire an attorney and have him file a 44 USC 1983 action. I'd suggest sending a letter certified mail or fedex/ups very promptly outlining the problem, the facts, and the threat ASAP. If you have written proof and proof of delivery you'll stand a very good chance of them either complying or recovering from them and teaching them a lesson.

-Gene

Thanks!

[JDay]

Here's the short version;
12(ish) years ago, a handgun was stolen from my apartment. it was duly reported as such at the time. Approximately 6 months ago, I received a bunch of calls from the local DA, local Public Defender, and a local Police Detective notifying me that 1. the gun was recovered on the person of a bad guy and 2. that I needed to testify at the trial.

Great.

During this whole mess I was informed that I would receive my property back once the case had been resolved, permission by the DA (WTF?) had been granted to return MY property, a fee had been paid to the state (to re-register the same gun that I already paid to register), and I had received a "law enforcement gun release" letter from the DOJ.

Well, I did all that and still no gun.

Now I have been told by the PD property room that they will not release my property until the detective that worked the case sends them some "paperwork". The property guy wouldnt tell me what "paperwork" they need, he only informed me that if the detective doesnt fill it out in time, that they WILL destroy my property on the 30th day.

Just to keep the facts straight, the DOJ letter was dated 12/17/08. That means that they will destroy MY property on 01/18/08. The only (according to them) person that can release my gun is the detective (who is now on vacation for the holiday's).

I am considering just showing up at the PD, waving my letter around, stomping my feet, and demanding my property be released immediately. Likely, that will not end well.

My questions for the brain trust are;
1. Can they put additional release requirements beyond the DOJ?
2. Given the circumstances, what would you do to recover your property?

Thanks,
g

Call the DA that handled the case and have them call down there and order it released to you, thats what I had to do to get back some recovered property in the past.

ETA: If you have a property release letter in hand just show up with your lawyer, they will have no choice but to comply.

[Librarian]

up, you'll fire an attorney and have him file a 44 USC 1983 action.

Would that be 42 USC 1983? 44 looks like a typo...

[hoffmang]

Typo on my part. 42 USC 1983 is what I meant. It came right after my other typo in that sentence - fire should be hire.

-Gene

[geeknow]

**UPDATED**

I showed up at the station on Sunday (a calendar day is a calendar day, right?), asked for the Sgt in charge, and waited. And waited. And waited. After a really long time (or until they decided that I really wasnt leaving), an officer called me up and said that he was the Sgt in charge. OK, moving in the right direction.

I outlined the steps that were explained to me, showed proof of following those steps (OK from the DA, OK from the DOJ, etc), and asked for my property.

He said that it doesnt work that way. Surprise, surprise. I informed him that I was not surprised to hear this as each and every person at HIS department had a different interpretation of "how it worked". I continued that, as he was in charge, his version of "how it works" certainly would be correct. Then, with pen in hand, I asked him how to get my firearm back.

Here's the steps;
1. get the OK from the DA - check
2. wait for case to conclude - check
3. get the OK from the DOJ - check
4. go to PD, locate detective that worked the case - WTF?
5. once said detective is located, surrender DOJ letter - WTF?
6. once validity of the letter is confirmed, and my identity confirmed (smells like a wants/warrants check), a "green" letter will be issued to me - WTF?
7. with said "green" letter, go and locate the property room, present letter, cross fingers, and receive what's left of my property.
8. he then stated that, per law, I only have 30 calendar days to recover my property, starting the day the DOJ letter was written - I am aware of this

9. and the best part for last ... "property" is only released Tues, Weds, Thurs between the hours of 12:30-4pm - WTF?

At this point, I informed him that, regardless of his departments policies, I intended to receive my property and as the State provided me a window of 30 calendar days, I expected no less from his department. Using their rules as an example, in this 30 day calendar period, his department only actually releases property for 14 days. What's worse, they only provide a 3-1/2 hr window per day in which to do so.

As I began to articulate what I thought was a solid argument that their policies in effect prohibited citizens from lawfully recovering property and neither complied with the spirit nor the letter of the law as pertains to the return of stolen propery, the Sgt decided to be helpful.

So, tomorrow @ 12:30p, I have an appt with both the Sgt and the Detective (who will have the "green paperwork" completed by then) who will accompany me to the property room and make sure that my property is returned.

While it seems that my stuff will be mine again shortly, I am extremely dissapointed with the departments policies. Had I not been so forceful in my assertation of my rights and their responsibilities, I am positive that I would never see my property again.

I will try to get a written copy of their department policy steps for further reveiw.