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Thread: Combs-Getting my M1 back

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    Combs-Getting my M1 back

    Hey guys, for those who are interested, I have good news and bad news, I get my rifle back Monday, but they only will let me set an AM appointment to pick it up. So I am going at 8:30am to get it. So, at 7:00 that night, I'm planning to be at Shaine park if anyone would like to join me. I would be up for that weekend Sometime as well if that works better.

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    Quote Originally Posted by M1fan1942 View Post
    Hey guys, for those who are interested, I have good news and bad news, I get my rifle back Monday, but they only will let me set an AM appointment to pick it up. So I am going at 8:30am to get it. So, at 7:00 that night, I'm planning to be at Shaine park if anyone would like to join me. I would be up for that weekend Sometime as well if that works better.
    I may, or may not be available in the morning, but I will certainly be available that night.

    Will you be OCing the M! again?

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    Quote Originally Posted by Small_Arms_Collector View Post
    I may, or may not be available in the morning, but I will certainly be available that night.

    Will you be OCing the M! again?
    Well of course, lol I really have no other choice

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    Thumbs up

    Good man.

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    Campaign Veteran smellslikemichigan's Avatar
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    sounds good, i will likely be there in the evening, but work obligations will likely make it impossible for me to show up in the AM. thanks for setting up an evening gathering.
    "If it ain't loaded and cocked it don't shoot." - Rooster Cogburn
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    I would suggest bringing a camera/video cam in case you see damage to your firearm so you can document it prior to leaving the bldg...

    Or videotape your process of getting it ...

    Ya driving or walking to the PD? Park 2 blocks down and just carry it to your car lol.

    Planning on a 42 USC 1983 suit? Not alot of $$ to win but a lawyer might take it contingency for a 66% cut...

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    Regular Member Ezerharden's Avatar
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    Congrats, glad to see they are not dragging out the process.
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    I carry a gun because a Police Officer is too heavy.

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    Regular Member DanM's Avatar
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    Quote Originally Posted by M1fan1942 View Post
    I get my rifle back Monday, but they only will let me set an AM appointment to pick it up.
    Well, of course, they wanted it on a weekday, in the morning. It's an attempt to minimize the numbers of OC'ers that may accompany you and further PR embarrassment for them. For being so quick to to violate individuals' rights, they sure are thoughtful and methodical about those other things.
    "The principle of self-defense, even involving weapons and bloodshed, has never been condemned, even by Gandhi . . ."--Dr. Martin Luther King Jr

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    Regular Member ken243's Avatar
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    Good to hear.

    +1 on the checks for damage. If it is damaged be sure to file a complaint. Also it might interest you to know that often guns that are taken (in this case, stolen) into custody are sent to the MSP for ballistics testing and filing. Something you could ask about...
    Last edited by ken243; 07-28-2012 at 09:19 AM.
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    Campaign Veteran smellslikemichigan's Avatar
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    i agree danm. they are definitely in damage control mode on this one.
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    I get out of work at 8 am 30 miles away.

    Do you have an appointment at 830, or do you have to arrive sometime around then?

    I could most likely make it by 9am if that is helpful.
    Quis custodiet ipsos custodes? (who will watch the watchmen?)

    I am not a lawyer. Nothing in any of posts should be construed as legal advice.

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    And why should BPD be able do dictate time for your property be returned? Why appointment? Tey dragged you unfairly through the process and, then continue to dictate terms. I would just tell them that you do not want to be bounded by a specific time. BDP has normal business hours. Tell them that you will come at a time convenient to you anytime during these hours. What does it take to return a rifle?

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    Since they are the ones that messed up, I would think a time of your choice would be in order. Last I heard police departments were open 24/7.

    Also, they will probably have you sign an evidence release form. BEFORE signing, inspect your weapon thoroughly, and READ any fine print. There are usually disclaimers on these forms that you agree that you received everything back in the condition they confiscated it, and that you hold them harmless. If there is a problem or you don’t agree with the release form, leave and call your lawyer.

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    Regular Member WalkingWolf's Avatar
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    Check it out, or have a gunsmith do it to make sure they did not damage it.

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    Quote Originally Posted by budlight View Post
    There are usually disclaimers on these forms that you agree that you received everything back in the condition they confiscated it, and that you hold them harmless.
    Just scratch it out. I do this all the time with contracts .. with phrases I don't like.

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    What MI law requires Mr. Combs to sign anything to get his property back. If he refuses to sign, then what? Police will not return his rifle?

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    Quote Originally Posted by sasha601 View Post
    What MI law requires Mr. Combs to sign anything to get his property back. If he refuses to sign, then what? Police will not return his rifle?
    I can see signing a receipt saying he got it but not anything like a release of liability. Its just a record of the transfer occurring. What if someone who looks like him is just handed the gun?

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    Yeah I'm going to call tomorrow to try and get an evening "appointment" because I think it's crap I have to set an appointment. Also, I will bring a video recorder in with me and record everything, including any marks on the rifle. I will check for function and any weird barrel wear. Plus, to make sure it is clean since I cleaned it before I left. Any forms will be read twice. And Ken, can you give me more info about that MSP?

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    Quote Originally Posted by M1fan1942 View Post
    And Ken, can you give me more info about that MSP?
    My suggestion would be to FOIA any and all notation on any medium they have regarding the chain of custody of your rifle.
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    Quote Originally Posted by sasha601 View Post
    What MI law requires Mr. Combs to sign anything to get his property back. If he refuses to sign, then what? Police will not return his rifle?
    Since the rifle was not in his possession for X amount of time, I would damn sure want papers saying that I received it back on X date at X time.

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    Quote Originally Posted by Super Trucker View Post
    Since the rifle was not in his possession for X amount of time, I would damn sure want papers saying that I received it back on X date at X time.
    I agree with you. Which is one of the reasons I will be bringing a video recorder. I also will be bringing up why I was arrested and the guy popping off rounds at South Bar in down town wasn't arrested. Maybe they should spend less time arresting law abiding people and arrest actual criminals.

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    Quote Originally Posted by M1fan1942 View Post
    I agree with you. Which is one of the reasons I will be bringing a video recorder. I also will be bringing up why I was arrested and the guy popping off rounds at South Bar in down town wasn't arrested. Maybe they should spend less time arresting law abiding people and arrest actual criminals.

    I would not waste your time asking these twits anything. They have more than demonstrated that they care nothing about the law and even less about you. What kind of real cop locks up a kid for something they know is legal? The oath states ... "to uphold the Laws of the United States, and the State of Michigan......" the officers who did this to you need only to look in the mirror to find criminals!
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    Quote Originally Posted by M1fan1942 View Post
    Yeah I'm going to call tomorrow to try and get an evening "appointment" because I think it's crap I have to set an appointment. ]
    I understand your emotion that you think they are jerking you around ... but it looks like that's when the cop gets there in the morning to open up shop. I have to set up appointments to get FOIA documents from cops too ... they jerk people around, sure ... but so do other people.

    I would go and get your gun at the earliest time period...at 8am, sounds actually pretty good you should be in and out quickly.

    Just my thoughts ... have someone come in with a video camera / camera. I would not tape inside unless you see damage to your rifle (in that case I tape and take pics) ... until you are outside the bldg.

    Right/wrong? Who cares -- you know they don't care about right and wrong already. You've done enough. Ignore their treatment and collect your gun ~ be nice and bring them a box of donuts (lol).
    Last edited by davidmcbeth; 07-29-2012 at 03:11 AM.

  24. #24
    Regular Member DanM's Avatar
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    Quote Originally Posted by davidmcbeth
    Just my thoughts ... have someone come in with a video camera / camera. I would not tape inside unless you see damage to your rifle (in that case I tape and take pics) ... until you are outside the bldg.
    No, you would want to run continuous video from at least prior to the city handing the rifle to you until the end of your inspection of the rifle.

    If you ran video/pics after you were handed the weapon, to document damage, then it's easier for the city to refute by saying, "Well, that happened at some point after we gave it to him, and he just came back in the building and took video and pics of it."

    You want to video the person handing it to you, and preferably verbally ID them in some way, then swing the video to the rifle as you inspect it. That kind of continuity is very hard to refute.
    Last edited by DanM; 07-29-2012 at 10:04 AM.
    "The principle of self-defense, even involving weapons and bloodshed, has never been condemned, even by Gandhi . . ."--Dr. Martin Luther King Jr

    “He who cannot protect himself or his nearest and dearest or their honor by non-violently facing death, may and ought to do so by violently dealing with the oppressor. He who can do neither of the two is a burden.”--M. K. Gandhi

    "First they ignore you, then they ridicule you, then they fight you, then you win." --M. K. Gandhi

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    Regular Member Bikenut's Avatar
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    I think it would be very interesting to be a fly on the wall at BPD and listen to their reactions to what is posted in this thread... because I strongly suspect there are a few officers huddled around the desk watching the 'puter monitor screen... perhaps making macho remarks...

    But then, that is just the hilarious thing that a fly on the wall.... "might" see.

    Oh... HI! BPD!
    Gun control isn't about the gun at all.... for those who want gun control it is all about their own fragile egos, their own lack of self esteem, their own inner fears, and most importantly... their own desire to dominate others. And an openly carried gun is a slap in the face to all of those things.

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