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Thread: sheriffs office would not return my gun.

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    Regular Member conandan's Avatar
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    sheriffs office would not return my gun.

    I'm trying to understand why the sheriff's office gave me such a hard time returning my .45. I was in a accident 3 weeks ago. When the trooper arrived I was being loaded in the ambulance, I told him my gun was in the truck if he could retrieve it so it would not be stolen when my truck was towed away. The trooper came to the hospital and told me he found the gun and turned it over to the deputy sheriff that showed up at the crash site. The trooper told me I can pick it up at the Marion county sheriff's office, I just need to show them my ID and accident report. A few days later I go the sheriff's office and they would not release my weapon. They said they need the officer to sign a release to get my weapon back. So I call FHP the Lt. calls and gets the release done. Go back next week sheriff's office still won't return my weapon. Now they tell me they need a release from the deputy that turned in my weapon to there property room. Now I getting mad with all the run around bs. I track down the officer who turned it in told him what was needed to get me gun back. He was shocked they were giving me a hard time with it because he made note that it was being held for safe keeping untill I was released from the hospital. He emailed a relase letter to the property room but they still made me wait almost another week before they would let me get my gun back.

    Does anyone know if this is normal trying to get your gun back from LEOs or I think they kept it to run tests on.

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    The sheriff is an elected office most likely. Run against him or make a point in his election campaign.

    Seems like they are looking for a chain of custody ... but going about it all wrong as I think it was already there.

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    Regular Member WalkingWolf's Avatar
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    Take your paperwork, find a magistrate or judges assistant/clerk. The judge will issue a order, the sheriff will have no choice, or face jail himself.
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    Quote Originally Posted by WalkingWolf View Post
    Take your paperwork, find a magistrate or judges assistant/clerk. The judge will issue a order, the sheriff will have no choice, or face jail himself.
    I read it where he did get the gun back after getting the deputies letter...

  5. #5
    Regular Member WalkingWolf's Avatar
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    ok I see where he did eventually get his gun back.
    It is well that war is so terrible – otherwise we would grow too fond of it.
    Robert E. Lee
    The patriot volunteer, fighting for country and his rights, makes the most reliable soldier on earth.
    Thomas Jonathan "Stonewall" Jackson
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    Regular Member conandan's Avatar
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    Got it back today after 3 weeks of being run around. Just don't seem right to me. I was getting ready to get a judge involved but they called me this morning said I could get it.

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    Quote Originally Posted by conandan View Post
    Got it back today after 3 weeks of being run around. Just don't seem right to me. I was getting ready to get a judge involved but they called me this morning said I could get it.
    What County?

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    Regular Member 77zach's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    The sheriff is an elected office most likely. Run against him or make a point in his election campaign.

    Seems like they are looking for a chain of custody ... but going about it all wrong as I think it was already there.

    Current sheriff just won the election because the presumed winner was caught in an affair. So Dan Kuhn had to withdraw from the election and Eric Blair won. The people of Marion County had a good option in Constitution candidate Bernie Decastro. This GOP dominated county naturally chose Democrat statist anti-gun Eric Blair instead. The true nature of Republican voters was laid bare on a county level.
    “If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind? ” -Bastiat

    I don't "need" to openly carry a handgun or own an "assault weapon" any more than Rosa Parks needed a seat on the bus.

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    Quote Originally Posted by 77zach View Post
    Current sheriff just won the election because the presumed winner was caught in an affair. So Dan Kuhn had to withdraw from the election and Eric Blair won. The people of Marion County had a good option in Constitution candidate Bernie Decastro. This GOP dominated county naturally chose Democrat statist anti-gun Eric Blair instead. The true nature of Republican voters was laid bare on a county level.
    Voters don't care about people doing the nasty anymore

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    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by conandan View Post
    ...Does anyone know if this is normal trying to get your gun back from LEOs ....
    Did you show them your badge? Oh wait, you aren't a LEO and therefore don't have one? And you wanted something from people that do have badges? What are you thinking?
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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    Quote Originally Posted by MAC702 View Post
    Did you show them your badge? Oh wait, you aren't a LEO and therefore don't have one? And you wanted something from people that do have badges? What are you thinking?
    Surprisingly, some police departments aren't bad when it comes to this. The town where I live in Michigan gives guns back to people without issue. They are taken for all different kinds of reasons, (car accident, misdemeanor arrest etc).

    The only person who I am aware of who had issues getting his gun back in my town was the nephew of the chief of police. That was because the nephew was a drug addict and for a long host of reasons.

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    Founder's Club Member Jojo712's Avatar
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    Quote Originally Posted by conandan View Post
    Got it back today after 3 weeks of being run around. Just don't seem right to me. I was getting ready to get a judge involved but they called me this morning said I could get it.
    It's very common to be forced to wait an inordinately long time after the cops know they must return your weapon. It's not uncommon to have to get the courts involved as well. Normally, they've got 60 days to return your firearm or to otherwise keep it and auction it amongst their buds. Running out the clock is one of their games.

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    Quote Originally Posted by Jojo712 View Post
    It's very common to be forced to wait an inordinately long time after the cops know they must return your weapon. It's not uncommon to have to get the courts involved as well. Normally, they've got 60 days to return your firearm or to otherwise keep it and auction it amongst their buds. Running out the clock is one of their games.
    A cite to the 60 days time limit may help out others

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    Regular Member conandan's Avatar
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    Quote Originally Posted by Jojo712 View Post
    It's very common to be forced to wait an inordinately long time after the cops know they must return your weapon. It's not uncommon to have to get the courts involved as well. Normally, they've got 60 days to return your firearm or to otherwise keep it and auction it amongst their buds. Running out the clock is one of their games.
    I was wondering, even the deputy that droped it off at there property room couldn't understand why they where giving me such trouble. I thought they might be running ballistic tests or something. I wouldn't put it past them to test any firearms that came in the door to see if it matched a crime.

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    Regular Member DocWalker's Avatar
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    More than likely the sheriff or one of his deputies took it home to play with and they had to find it. I hope they at least cleaned it for you.

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    Quote Originally Posted by DocWalker View Post
    More than likely the sheriff or one of his deputies took it home to play with and they had to find it. I hope they at least cleaned it for you.
    Any evidence or reports, even anecdotal that what you've suggested actually happens Frequently, Regularly, or even sometimes to support your suggestion of "More than likely"?
    Last edited by JoeSparky; 07-18-2013 at 02:00 AM.
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    Regular Member Maverick9's Avatar
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    Without pictures...

    (was it a nice gun, My Precious?)

    Yeah, it's their game and why it's good to carry or kill stuff only with crappy guns.

    Had it been a Tarus .380 you'd have had it back in a couple days, heh.

    (or a Liberator?)
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    Regular Member DocWalker's Avatar
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    Wink

    Quote Originally Posted by JoeSparky View Post
    Any evidence or reports, even anecdotal that what you've suggested actually happens Frequently, Regularly, or even sometimes to support your suggestion of "More than likely"?
    Down Sparky, it wasn't meant to be taken to seriously. I live out in the sticks so to speak where the sheriff is one of the guys and I could just imagine all the deputies and him drooling over a new toy to play with.

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    Quote Originally Posted by DocWalker View Post
    Down Sparky, it wasn't meant to be taken to seriously. I live out in the sticks so to speak where the sheriff is one of the guys and I could just imagine all the deputies and him drooling over a new toy to play with.
    Oh, then I missed the purple text that many use to indicate Sarcasm or even a "sarcasm" label on the post....
    RIGHTS don't exist without RESPONSIBILITY!
    If one is not willing to stand for his rights, he doesn't have any Rights.
    I will strive to stand for the rights of ANY person, even those folks with whom I disagree!
    As said by SVG--- "I am not anti-COP, I am PRO-Citizen" and I'll add, PRO-Constitution.
    If the above makes me a RADICAL or EXTREME--- So be it!

    Life Member NRA
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    2nd amendment says.... "...The right of the people to keep and bear arms SHALL NOT BE INFRINGED!"

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    Regular Member DocWalker's Avatar
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    Quote Originally Posted by JoeSparky View Post
    Oh, then I missed the purple text that many use to indicate Sarcasm or even a "sarcasm" label on the post....
    Forgive me for being some what computer challanged; I don't know how to change font, color, or even put in any of those snazzy icons into the posts other than the dozen or so at the bottom of the page.

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    Quote Originally Posted by DocWalker View Post
    Forgive me for being some what computer challanged; I don't know how to change font, color, or even put in any of those snazzy icons into the posts other than the dozen or so at the bottom of the page.
    Here is what I use for a quick "sarcasm" label.... "/sarcasm". It works fairly well and does not require changing color, etc!

    Carry on!
    RIGHTS don't exist without RESPONSIBILITY!
    If one is not willing to stand for his rights, he doesn't have any Rights.
    I will strive to stand for the rights of ANY person, even those folks with whom I disagree!
    As said by SVG--- "I am not anti-COP, I am PRO-Citizen" and I'll add, PRO-Constitution.
    If the above makes me a RADICAL or EXTREME--- So be it!

    Life Member NRA
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    2nd amendment says.... "...The right of the people to keep and bear arms SHALL NOT BE INFRINGED!"

  22. #22
    Regular Member Rich7553's Avatar
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    Quote Originally Posted by Jojo712 View Post
    It's very common to be forced to wait an inordinately long time after the cops know they must return your weapon. It's not uncommon to have to get the courts involved as well. Normally, they've got 60 days to return your firearm or to otherwise keep it and auction it amongst their buds. Running out the clock is one of their games.
    Jojo - just because it's common doesn't mean it's legal. Where is the statute that states they have 60 days to return legally owned personal property?
    Rich
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    Quote Originally Posted by Rich7553 View Post
    Jojo - just because it's common doesn't mean it's legal. Where is the statute that states they have 60 days to return legally owned personal property?
    There needs to be a law to address this problem!.......That is plain BS

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