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Thread: so i guess i will never get my gun back

  1. #1
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    so i guess i will never get my gun back

    for those who dont know i was charged with open carry. thanks 2 this web site i got the charges dismissed the only thing that sucks is that i prity much lost my gun 2 the state. according 2 the state it took more then 60 days 4 them 2 give me a court date so i can get a court order 2 get my gun back. so now they will not give me the gun back. guess ill have 2 start saving up 4 a new gun
    Last edited by el rompe toto; 05-17-2012 at 12:15 PM.

  2. #2
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    Quote Originally Posted by el rompe toto View Post
    i just came from court and they r coming up with every excuse on the book 2 not give me my gun back i guess its time 2 start saving 4 a new one
    Contact JoJo, Just to be sure, but if you have the copy of the Court's disposition, they have exactly ZERO reasons that they can continue to hold onto it. Investigation is over, it is no longer evidence. Just like any other property. Contact a civil attorney as well. A possible law suit may change their tune.
    And local media. Raise hell. Make noise.

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    Quote Originally Posted by j4l View Post
    Contact JoJo, Just to be sure, but if you have the copy of the Court's disposition, they have exactly ZERO reasons that they can continue to hold onto it. Investigation is over, it is no longer evidence. Just like any other property. Contact a civil attorney as well. A possible law suit may change their tune.
    And local media. Raise hell. Make noise.
    iv bin calling jojo all day he missd the court day 2 day

    i had court on the 15 and they continued 4 2 day but jojo did not show up and sins he is repersenting me they wont here it .the problem is they are saying its bin 60 days so i cant get the gun back

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    Makes me wonder if your weapon is still in evidence, or in some cops or judge's dresser drawer. Ive always wondered what happens to property that is not returned to the rightful owners. There was a man here in Ripley WV, his house was broken into, he lost several high priced guns, his insurance paid him for his loss. The guns were recovered but not returned to the origanal owner, due to him being paid for them. The investigating officer purchased the guns from the insurance company at a very good price. Some of the guns had been in his family for years, he never had the chance to buy them back. That was legal for the officer to do, but kinda underhanded. I just wonder how much property ends up in an officers hands.
    I am not a gun nut, nor am I a nut with a gun
    I simply rufuse to be a helpless victim, I may be unable to stop myself from being a victim but at least I wont be helpless

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    Quote Originally Posted by eamelhorn View Post
    Makes me wonder if your weapon is still in evidence, or in some cops or judge's dresser drawer. Ive always wondered what happens to property that is not returned to the rightful owners. There was a man here in Ripley WV, his house was broken into, he lost several high priced guns, his insurance paid him for his loss. The guns were recovered but not returned to the origanal owner, due to him being paid for them. The investigating officer purchased the guns from the insurance company at a very good price. Some of the guns had been in his family for years, he never had the chance to buy them back. That was legal for the officer to do, but kinda underhanded. I just wonder how much property ends up in an officers hands.
    According 2 the police department they have the gun and r willing 2 give it back if I bring in a court order witch I can't get cuz the state said I'm overdo the 60 days

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    Call JoJo, they're jerking yer chain/ run-a-rounding you.

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    Quote Originally Posted by j4l View Post
    Call JoJo, they're jerking yer chain/ run-a-rounding you.
    I've bin trying 2 contact jojo all day

  8. #8
    Campaign Veteran StogieC's Avatar
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    Give me a call. We'll help you get your gun back.

  9. #9
    Campaign Veteran StogieC's Avatar
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    I spoke to JoJo, there is a telephonic hearing on it this morning. He's working on it.

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    Quote Originally Posted by StogieC View Post
    Give me a call. We'll help you get your gun back.
    pmd

  11. #11
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    Quote Originally Posted by StogieC View Post
    Give me a call. We'll help you get your gun back.
    Give me A call or pm me ur # mines is ********** thank u
    Last edited by John Pierce; 05-21-2012 at 09:41 PM. Reason: Send your phone# via PM. It is more secure that way.

  12. #12
    Founder's Club Member thebigsd's Avatar
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    Update?
    "When seconds count between living or dying, the police are only minutes away."

  13. #13
    Campaign Veteran StogieC's Avatar
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    JoJo is working on it but the local PD is trying to run out the clock on him.

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    But I was right, though? It's no longer evidence, no longer any justifiable "reason" for them to hold onto it, right? It' is now "property" that needs to be returned to the owner?

    Shouldnt be considered, or handled, any differently, I'd think, than if your car gets impounded as a result of a vehicular crime, or whatever. When the case is all said and done (fine paid/charges dropped or whatever) you pay your fine, and go sign your car out of the impound..
    Last edited by j4l; 05-22-2012 at 08:31 AM.

  15. #15
    Campaign Veteran StogieC's Avatar
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    Quote Originally Posted by j4l View Post
    But I was right, though? It's no longer evidence, no longer any justifiable "reason" for them to hold onto it, right? It' is now "property" that needs to be returned to the owner?

    Shouldnt be considered, or handled, any differently, I'd think, than if your car gets impounded as a result of a vehicular crime, or whatever. When the case is all said and done (fine paid/charges dropped or whatever) you pay your fine, and go sign your car out of the impound..
    The problem is Florida Statute 933.14(3). It requires a court order to return firearms taken even without a warrant. There are court procedures for getting them returned but one of those is to get a determination from the PD that the firearm is not still being held as evidence. You have 60 days to file a motion in court. The PD withholds the determination until right before your 60 day deadline so that it gives you no time to file the motion for replevin. JoJo is still fighting them running out the clock on him.
    Last edited by StogieC; 05-22-2012 at 09:08 AM.

  16. #16
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    Quote Originally Posted by StogieC View Post
    The problem is Florida Statute 933.14(3). It requires a court order to return firearms taken even without a warrant. There are court procedures for getting them returned but one of those is to get a determination from the PD that the firearm is not still being held as evidence. You have 60 days to file a motion in court. The PD withholds the determination until right before your 60 day deadline so that it gives you no time to file the motion for replevin. JoJo is still fighting them running out the clock on him.
    hmm,. good to know- for everyone here.
    So, saying something like this happens again. Should a request be made, immediately after a case is resolved by whatever outcome, to file that request for that court order, then and there? Especially if , say, a jury trial is involved, and have it on record that such a request is made-right then?

    And that statute should probably be one to be attacked-along with, along-side of, 790, in the future, no?
    Also, does that statute in any way prevent the defendant from acquiring-legally- another, seperate sidearm purchase (so as not to be left un-armed) while that 60-days is underway?
    Last edited by j4l; 05-22-2012 at 09:48 AM.

  17. #17
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    Sounds like some legislative action is needed. As described, it is legalized theft.

    Quote Originally Posted by j4l View Post
    hmm,. good to know- for everyone here.
    So, saying something like this happens again. Should a request be made, immediately after a case is resolved by whatever outcome, to file that request for that court order, then and there? Especially if , say, a jury trial is involved, and have it on record that such a request is made-right then?

    And that statute should probably be one to be attacked-along with, along-side of, 790, in the future, no?
    Also, does that statute in any way prevent the defendant from acquiring-legally- another, seperate sidearm purchase (so as not to be left un-armed) while that 60-days is underway?
    This sounds like legalized theft, ripe for legislative action.

  18. #18
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    If you are giving away gifts then put me on the list too. Bit don't be a "straw man" ...
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    (Original quote by me)

    If we lose the Second Amendment it is only a matter of time before we lose the First Amendment, then the Fourth Amendment and then it is all downhill from there ...

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    Quote Originally Posted by Ironside View Post
    If you are giving away gifts then put me on the list too. Bit don't be a "straw man" ...
    Yup, you're right. That's coming off.

  20. #20
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    So What r the chances of my getting the gun back

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    And that statute should probably be one to be attacked-along with, along-side of, 790, in the future, no?
    Also, does that statute in any way prevent the defendant from acquiring-legally- another, seperate sidearm purchase (so as not to be left un-armed) while that 60-days is underway?[/QUOTE]
    I'm hoping I can they did return my cc Id

  22. #22
    Regular Member Rich7553's Avatar
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    Quote Originally Posted by el rompe toto View Post
    And that statute should probably be one to be attacked-along with, along-side of, 790, in the future, no?
    Also, does that statute in any way prevent the defendant from acquiring-legally- another, seperate sidearm purchase (so as not to be left un-armed) while that 60-days is underway?
    I'm hoping I can they did return my cc Id[/QUOTE]

    Unless you are specifically under a court order to relinquish all your firearms and/or have had the right of possession removed, then you should be good to go.
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  23. #23
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    Quote Originally Posted by el rompe toto View Post
    for those who dont know i was charged with open carry. thanks 2 this web site i got the charges dismissed the only thing that sucks is that i prity much lost my gun 2 the state. according 2 the state it took more then 60 days 4 them 2 give me a court date so i can get a court order 2 get my gun back. so now they will not give me the gun back. guess ill have 2 start saving up 4 a new gun
    I've got an order in my hand, signed by the judge, that compels the cops to return your gun. Sometimes justice drags its feet, dude.

    Thanks to Sean at Florida Carry for helping with the motion. Florida Carry is as good as it gets.

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    Jojo Dose it agen. Thank u jojo and thank u every one from the web site thanks a lot

  25. #25
    Regular Member Rich7553's Avatar
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    I love it when a plan comes together!

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    Rich
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    Mosin Nagant M91/30 (1942 Izhevsk)
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    PITCH IN, QUIT B*TCHING!

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