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PD destroyed my gun

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  • #31
    HowardW56
    Calguns Addict
    • Aug 2003
    • 5901

    Which agency is it? WHAT DEPARTMENT?


    Originally posted by 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.
    sigpic

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    • #32
      geeknow
      Lifetime Contributor #1
      CGN Contributor - Lifetime
      • Aug 2007
      • 3144

      Originally posted by HowardW56
      Which agency is it? WHAT DEPARTMENT?
      Not going to name names publicly at this time. But, as it is a California police dept, it should abide by the rules set forth by the California DOJ.

      Comment

      • #33

        Good luck. Good to hear that they are going to try and help without you having to bring a lawyer down.

        Comment

        • #34
          geeknow
          Lifetime Contributor #1
          CGN Contributor - Lifetime
          • Aug 2007
          • 3144

          Originally posted by DDT
          Good luck. Good to hear that they are going to try and help without you having to bring a lawyer down.
          I am pretty sure that they would get spanked should their policy receive much scrutiny. I just tried to help them understand this.

          I, personally am sad that they are "helping". This implies that they are doing something special for me. They shouldnt be. There should be no help required. The rules are clear. I am not asking for special consideration. I am going through all of this excercise for the guy in line behind me.

          Comment

          • #35
            Vacaville
            Veteran Member
            • Nov 2008
            • 4360

            Good job Geeknow. Sad thing is that this means that there have probably been many people in this department's jurisdiction who don't get their property back because they didn't go through all the hoops you have. These guys are treating a victim like a criminal, and then they wonder why people have issues with LE. Please let us know when you get the gun back and we'll all celebrate.

            Comment

            • #36
              geeknow
              Lifetime Contributor #1
              CGN Contributor - Lifetime
              • Aug 2007
              • 3144

              Originally posted by Vacaville
              Good job Geeknow. Sad thing is that this means that there have probably been many people in this department's jurisdiction who don't get their property back because they didn't go through all the hoops you have. These guys are treating a victim like a criminal, and then they wonder why people have issues with LE. Please let us know when you get the gun back and we'll all celebrate.
              Sadly, I KNOW there are many others in the same spot as me. The Property officer told me so. If this isnt a clear indication that their policy is full of the south end of a noth bound mule, i dont know what is.

              Comment

              • #37
                hoffmang
                I need a LIFE!!
                • Apr 2006
                • 18448

                The one key rule dealing with bureaucracy or customer service; the squeeky wheel that can hold them accountable gets the service. Taking notes means holding them accountable. Asking for supervisor is the same.

                -Gene
                Gene Hoffman
                Chairman, California Gun Rights Foundation

                DONATE NOW
                to support the rights of California gun owners. Follow @cgfgunrights on Twitter.
                Opinions posted in this account are my own and not the approved position of any organization.
                I read PMs. But, if you need a response, include an email address or email me directly!


                "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon

                Comment

                • #38
                  geeknow
                  Lifetime Contributor #1
                  CGN Contributor - Lifetime
                  • Aug 2007
                  • 3144

                  Originally posted by hoffmang
                  The one key rule dealing with bureaucracy or customer service; the squeeky wheel that can hold them accountable gets the service. Taking notes means holding them accountable. Asking for supervisor is the same.

                  -Gene
                  True, as is the reverse. When dealing with bureaucracy, unless you make a stink, nothing gets done.

                  Sad.

                  Comment

                  • #39
                    Matt C
                    Calguns Addict
                    • Feb 2006
                    • 7128

                    Just saw this, but it looks like you are getting your stuff back. I had to jump through the same hoops (worse actually) and then pay a $60 "administrative" fee for each gun that I was picking up. This after the guns were taken from me for no good reason by the same department holding them. Did I mention I already had a COURT ORDER for them to release my guns? And at 20+ guns the fees add up... Anyway just be glad they are helping you now, they really don't have too and they don't have much to lose by screwing you.
                    I do not provide legal services or practice law (yet).

                    The troublemaker formerly known as Blackwater OPS.

                    Comment

                    • #40
                      JDay
                      I need a LIFE!!
                      • Nov 2008
                      • 19393

                      Originally posted by Blackwater OPS
                      Just saw this, but it looks like you are getting your stuff back. I had to jump through the same hoops (worse actually) and then pay a $60 "administrative" fee for each gun that I was picking up. This after the guns were taken from me for no good reason by the same department holding them. Did I mention I already had a COURT ORDER for them to release my guns? And at 20+ guns the fees add up... Anyway just be glad they are helping you now, they really don't have too and they don't have much to lose by screwing you.
                      I would have raised hell had a PD charged me $1200 to get my property back that was illegally confiscated. And yes I know you went through a lot just to get it back but letting them get away with this kind of stuff just lets them know that they can.
                      Oppressors can tyrannize only when they achieve a standing army, an enslaved press, and a disarmed populace. -- James Madison

                      The Constitution shall never be construed to authorize Congress to prevent the people of the United States, who are peaceable citizens, from keeping their own arms. -- Samuel Adams, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87 (Pearce and Hale, eds., Boston, 1850)

                      Comment

                      • #41
                        Fjold
                        I need a LIFE!!
                        • Oct 2005
                        • 22751

                        Take a lockable case with you so that they can't give you any grief about how you are going to transport it.
                        Frank

                        One rifle, one planet, Holland's 375




                        Life Member NRA, CRPA and SAF

                        Comment

                        • #42
                          becxltoo984
                          Senior Member
                          • Nov 2008
                          • 657

                          Daily calls to the detective who handled the case !

                          Comment

                          • #43
                            Salty
                            Senior Member
                            • Sep 2007
                            • 573

                            Imagine if they acted this way every time someone tried to claim a stolen car, or bike (both of which I have claimed and was in and out in under 15 minutes).

                            Comment

                            • #44
                              jtv3062
                              Veteran Member
                              • Oct 2005
                              • 2741

                              Originally posted by cadurand
                              Man, I feel lucky.

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

                              5 or so years go by and I get call from the Fremont Police saying one of my pistols has been recoved by another local police department. The Fremont cop gave me the phone number of a cop in the other city and said to call them to arrange to pick up my pistol. He didn't know which pistol had been recovered at this time.

                              So I call the other police department and get a very nice Sgt who says "It's a Desert Eagle, 50 cal I think. Come up and get it."

                              And that's what I did. No hassles, just had to show my ID to prove who I was.

                              It sounds like I was pretty lucky. The biggest hassle was the original call from Fremont PD came in the middle of the night. When I asked the cop why he was calling me at 3am he said "Because that's when I work."
                              I feel luck also. My glock was stolen from my apartment in Antioch, a few months goes by and I get a call from APD to come and get it. this was back in 93-4.

                              man good luck Geeknow.
                              Do not fear the enemy, for your enemy can only take your life. It is far better that you fear the media, for they will steal your Honour
                              Let's pray for Obama Psalm 109:8






                              159

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                              • #45
                                Matt C
                                Calguns Addict
                                • Feb 2006
                                • 7128

                                Originally posted by JDay
                                I would have raised hell had a PD charged me $1200 to get my property back that was illegally confiscated. And yes I know you went through a lot just to get it back but letting them get away with this kind of stuff just lets them know that they can.
                                And what would you (or I) do about it exactly?
                                I do not provide legal services or practice law (yet).

                                The troublemaker formerly known as Blackwater OPS.

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