PD destroyed my gun

[bohoki]

i'd really like to know the make and model of firearm

it shouldnt have any bearing on the case but if it turns out to be a raven .25 it would tell me how far you should go

if you wish to keep that private i can understand

could you answer these?

is the company that made your gun still in business?

what caliber is it?

[Fire in the Hole]

IIRC, if the PD has an attorney on the payroll, the attorney can represent the PD in court. They just can't go out and hire an attorney to represent them for just this case.

It's called the City Attorney's Office.

[glockman19]

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

Additionally, I'd call the ATF and tell them the gun has not been returned. Your PD is violating Federal Law. Hello Conscent Decree.

good Luck

[ke6guj]

Additionally, I'd call the ATF and tell them the gun has not been returned. Your PD is violating Federal Law. Hello Conscent Decree.

good Luck

read in full. OP did get the gun returned, but apparantly the PD damaged the gun.

[IGOTDIRT4U]

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

That's what I was thinking, too.

[ProlificARProspect]

I think He should file for vandalism if they claim that it was "rendered inoperable during the course of the investigation or before", then they will open a can of worms. That would mean the charges of the criminal would have to be revised, from gun charge to only stolen property....since the gun was "inoperable" he only had a stolen piece of medalIMHO

You Sir have nothing to lose, they should handle this a lot better.

If it were me, i don't think I'd attempt this route. It probably wouldn't go anywhere since they'd probably claim that it was "rendered inoperable during the course of the investigation" or something to that effect.

[Fire in the Hole]

I think He should file for vandalism if they claim that it was "rendered inoperable during the course of the investigation or before", then they will open a can of worms. That would mean the charges of the criminal would have to be revised, from gun charge to only stolen property....since the gun was "inoperable" he only had a stolen piece of medalIMHO

You Sir have nothing to lose, they should handle this a lot better.

That "Vandalism" report will end up in the round file so fast, there will be a giant sucking sound. The OP should just follow my simple and clear advice. But them I guess I'm biased.

[Dr Rockso]

I took this little gem to my smith to have him give it a thorough looking over (remember, the homies have had it for the last dozen years. do they have armorers?), and he found that the top half of the breech face had been pounded off with a punch, thus rendering the gun a freaking paperweight.

I'm having a hard time visualizing what exactly they did to the gun, but if you can prove that the PD did it (and not the homies) I would think they'd have to acquiesce.

[tyrist]

What you guys are complaining about is not law enforcement...it is the politicians of the city who put such procedures in place. Get the politicians changed out and then maybe the department can just follow state law (which would rule by the way).

[Vacaville]

When all is said and done, go sell it back to them for $100 in one of their buybacks.

[Ford8N]

What you guys are complaining about is not law enforcement...it is the politicians of the city who put such procedures in place. Get the politicians changed out and then maybe the department can just follow state law (which would rule by the way).

I agree, but during the Nuremberg trials, "following orders" was not a defense for what was right.

[FreedomIsNotFree]

Before you can sue, if you decide to go that route; you must file a "Board of Control Claim" at least that's what the state calls it. Your city or county may have another word for it. Basically it's a form you obtain from the city that seeks reimbursement (not punative damages) for damage done to your property at the hands of a city or county employee. Include photos of your damaged gun, along with a letter from your gunsmith stating the specific damages. The city will either pay up, or deny the claim. It may take awhile to process. Then you can sue in small claims court. You will have to file a discovery motion through the court to the PD demanding to know the name(s) of the person(s) that altered your gun, and under who's direction/authority. This process will require patience, and a little work. It kind of boils down the the value of the gun and the value of your time. Plus court costs if you loose.

There is no discovery process in small claims actions. You are correct in that a "claim" must be submitted to the City/PD before civil action can commence...actually, I'm not sure if that is required in small claims court...I know for a fact that it is required in Superior Court civil actions that seek damages over the small claims limit.

Even if not required, I believe it would be a good move to sent a request for compensation to the City Attorney before filing anything to give them the opportunity to make it right. Just be sure to send the request via USPS certified mail with return receipt. Include a description of the issue along with your gunsmith's written statement that the gun has been rendered permanently inoperable.

[Yankee Clipper]

Me too. That's why this is such a stinker. I was talking about this to one of my local LEO's. From his standpoint, any gun off the street is a good thing. While he recognized that occasionally one of the "good guys" gets rolled up in the mess, they see this as a benefit big picture wise.
So, "for the good of the people", they are willing to sacrifice the rights of the same.
How benevolent.

[Experimentalist]

I'm confused as to the nature of the damage done to your firearm.

This is a handgun, correct? Semiauto? (it does take a magazine, so the answer is yes).

If by "breech face" you mean the portion of the slide that supports the case head, then why not just buy another slide? It may require some fitting, but it's not a lost cause.

If by "breech face" you mean part of the chamber, then why not just buy another barrel?

Can you elaborate on the mechanical condition of the gun (including make, model, etc.)?

I appreciate the broader issues surrounding this experience, and can appreciate your frustration. But looking at it purely from a gunsmithing perspective it seems salvageable.

[salint]

He shouldn't have to buy anything for his gun because the police shouldn't have destroyed his property in the course of their investigation.