Rental Rate

My Glock 17 was stolen by people who call themselves the government and I'm going to give them a notice of claim for its return and reimbursement. I'd like to use the going rate for a G17 rental but we don't have many rental places in Reno/Sparks. What's the Vegas rate for a G17 rental?

I think you would be looking at about 40 bucks at most places.

holy sh!t! they still have your piece? What happened to the 4th amendment?

Vegassteve said:

I think you would be looking at about 40 bucks at most places.

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Per day?

$40 x 383 days = $15,320

That's assuming they give it back the day after my trial. How much should I bill for the ammo and spare magazine? Oh yeah, and the tamper-evident seal that was removed...

Fourth amendment, what? Restrictions may apply. Not valid in some locations.

Yard Sale said:

Per day?

$40 x 383 days = $15,320

That's assuming they give it back the day after my trial. How much should I bill for the ammo and spare magazine? Oh yeah, and the tamper-evident seal that was removed...

Fourth amendment, what? Restrictions may apply. Not valid in some locations.

Click to expand...

Actually... Since most range lane rentals are done per hour I would assume that gun rentals are per hour too...

But I don't think they'd look too kindly on you charging them $367,680 for gun rental charges...

But hey, if you can do it for what I would geuss is an illegal seizure, go get'em.

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OK....I'll ask....what happened??

SIGguy229 said:

OK....I'll ask....what happened??

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Click on the user name, then click "View Forum Posts". Scroll till you get to http://forum.opencarry.org/forums/showthread.php?97428-4th-amendment-story-WtF&p=1661798#post1661798 where he claims refusing to play along at a DUI checkpoint should not have warranted an obstruction charge among other things that he should have anticipated happening. I'm not going to get into the legality of DUI checkpoints - let's stay focused on anticipating the consequences of your behavior and what happens when your attempt to make a federal case falls flat on its face.

Either I'm missing everything that's been done so far to get the handgun returned that has failed, or I'm just not seeing it. Trying to charge daily rental on an item that the courts continue to rule was lawfully seized is, to coin a phrase, rather childish. Were it me I'd be filing claims of replevin and detinue http://en.wikipedia.org/wiki/Replevin instead of scheming pie in the sky revenge plans by figuring out daily rental costs. But then I've frequently been accused of being logical and following established procedures to accomplish my goals.

stay safe.

Got a better way than rental rates to determine damages for detention? Shall I put my pinky to the corner of my mouth and say "One Meeellion Dollars!"?

$11K for a year is a bargain considering they extorted $400 from me for my truck for less than a day of detention.


NRS 17.120 Replevin; judgment to be in alternative and with damages.

1. In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or the value thereof, in case a delivery cannot be had, and damages for the detention or the value of the use thereof. If the property has been delivered to the plaintiff, and the defendant claim a return thereof, judgment for the defendant may be for a return of the property or the value thereof, in case a return cannot be had, and damages for taking and withholding the same or the value of the use thereof.

Not to step into a steaming pile, and ianal, but I don't think you can show damages without a loss. You cannot claim that the holding of your property cost you any amount unless you can show that you spent an amount because of the holding of your property.

Absent evidence of expense, the value of the property is probably the best you can expect, once you make the request.

You would probably have a great case if you got hurt or robbed during that time and were unable to defend yourself because they had your tooth of defense.

I believe the court will in the end, require actual harm, which is in the end a good thing. Can you imagine usall getting sued by California tourists because we could have almost sorta kinda looked like we were gonna get ready to shoot somebody?

I would have the city or county Manager (depending on your target) send you an administrative claim form. while not reqired it is a simple form that you fill out. If you do not do this step, it is almost certain that the motion to dismiss will contain a claim wherin you did not seek your administrative remedy. If it were my claim form, I would put the camera, the impound fee's the price of the Glock and accessory's on the form, but I feel that the court will see it as maliscious (sp) if you try to profit from a "rental claim" and it will work in the favor of the state.

I found some case law which will help you here.

Miller v. Lovett, 879 F.2d 1066, 1070–71 (2d Cir. 1989).

As a potential plaintiff, you are required to take steps to mitigate actual damages. So "renting" a gun for months would far exceed the cost of purchase, and it's likely the court would reduce any such award to the lesser of the total of your rental, or the purchase of a new gun.