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so i guess i will never get my gun back

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el rompe toto

Regular Member
Joined
Nov 15, 2011
Messages
55
Location
miami fl
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
 
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j4l

Regular Member
Joined
Jan 6, 2011
Messages
1,835
Location
fl
el rompe toto said:
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
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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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el rompe toto

Regular Member
Joined
Nov 15, 2011
Messages
55
Location
miami fl
j4l said:
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.
Click to expand...

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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eamelhorn

Regular Member
Joined
Jan 19, 2012
Messages
143
Location
ripley wv
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.
 
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el rompe toto

Regular Member
Joined
Nov 15, 2011
Messages
55
Location
miami fl
eamelhorn said:
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.
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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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j4l

Regular Member
Joined
Jan 6, 2011
Messages
1,835
Location
fl
Call JoJo, they're jerking yer chain/ run-a-rounding you.
 
StogieC

StogieC

Campaign Veteran
Joined
Nov 22, 2009
Messages
745
Location
Florida
I spoke to JoJo, there is a telephonic hearing on it this morning. He's working on it.
 
StogieC

StogieC

Campaign Veteran
Joined
Nov 22, 2009
Messages
745
Location
Florida
JoJo is working on it but the local PD is trying to run out the clock on him. :cuss:
 
J

j4l

Regular Member
Joined
Jan 6, 2011
Messages
1,835
Location
fl
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..
 
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StogieC

StogieC

Campaign Veteran
Joined
Nov 22, 2009
Messages
745
Location
Florida
j4l said:
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..
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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.
 
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j4l

Regular Member
Joined
Jan 6, 2011
Messages
1,835
Location
fl
StogieC said:
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.
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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?
 
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ccwinstructor

Centurion
Joined
Jul 11, 2008
Messages
919
Location
Yuma, Arizona, USA
Sounds like some legislative action is needed. As described, it is legalized theft.

j4l said:
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?
Click to expand...

This sounds like legalized theft, ripe for legislative action.
 
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