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My Firearm Was Seized

K

KOliverian

Regular Member
Joined
Dec 2, 2011
Messages
10
Location
Rogue Valley, OR
....

A family member was arrested recently, and I was present during the arrest. Because my belongings and I were present, my sidearm was also present (but not on me, as I was not in public). I don't feel comfortable/safe riding my bike or walking (I don't drive) without my sidearm, so obviously I would like to get it back ASAP. Does anyone know if there are specific regulations about seizing firearms? Any information about when I might get it back? I find it odd, because it doesn't even belong to the individual arrested.

EDIT:

I think I just answered my own question with an internet search. So then my question becomes, does anyone have personal experience with the Medford PD on this? I have heard some terrible rumors about items never being returned. :-(
 
Last edited:
S

SFCRetired

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Oct 29, 2008
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1,764
Location
Montgomery, Alabama, USA
Not in Oregon and not a lawyer, but did they give you a receipt for your firearm? If they didn't, you may be royally shafted. It depends on whether or not you have witnesses to the seizure and whether or not those witnesses are credible.

Just my .02 worth.
 
hermannr

hermannr

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Mar 24, 2011
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Okanogan Highland
I second the receipt. If you have a receipt take it down and demand to have your property back.

If you don't have a receipt, I would go down a threaten them with a federal law suit "color of law" for theft of a firearm.

They had no legal right to take your firearm in the first place. Look at federal law "under color of law"

There are a lot of references, but look here. from teh FBI

http://www.fbi.gov/about-us/investigate/civilrights/federal-statutes

The abridged right is the 4th amendment right to not have your person or property siezed without a just cause.
 
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SovereignAxe

SovereignAxe

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Elizabethton, TN
If you don't have a receipt (and going off the circumstances of the seizure, I'm guessing you don't), please tell me you at least have a copy of the firearm's serial number.
 
Badger Johnson

Badger Johnson

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USA
KOliverian said:
A family member was arrested recently, and I was present during the arrest. Because my belongings and I were present, my sidearm was also present
Click to expand...

What's the rest of the story, if you can say without incurring legal problems?
 
K

KOliverian

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Dec 2, 2011
Messages
10
Location
Rogue Valley, OR
I'd love to seek legal council, but am not financially in a position to do so. With the amount I might spent on an attorney, I might as well just buy a new pistol.

Badger, I am not at liberty to discuss the details of the case.
 
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Badger Johnson

Badger Johnson

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This is a good group of people and your topic is related to OC-ing.

BUT, I'd still like to hear a recounting of the events. How did you get involved such that your firearm was seized? Were you being pushy or not following a lawful order? Why did you not retreat into the house or background when police arrived? How did they discover you had a firearm? Was it a drug interdiction or something like that? Perhaps you were acting borderline irresponsible and the seizure was somewhat warranted? At any rate, istm (IANAL) you should get it back if you did not break any laws related to carrying or DV.

Good luck getting it back.
 
Grapeshot

Grapeshot

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IMO - The OP needs to seek competent legal council and cease trying this in public.
 
thebigsd

thebigsd

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Quarryville, PA
Grapeshot said:
IMO - The OP needs to seek competent legal council and cease trying this in public.
Click to expand...

+1. As much as I'd like to know more about the situation, I all think it would be in the best interest of the OP to stop talking to us and start talking to an attorney.
 
Grapeshot

Grapeshot

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KOliverian said:
I'd love to seek legal council, but am not financially in a position to do so. With the amount I might spent on an attorney, I might as well just buy a new pistol.

Badger, I am not at liberty to discuss the details of the case.
Click to expand...

Generally there is no charge for the initial consultation.

If a solid case, there are those that would contribute to a legal fund.

At this point, what is to prevent them from doing it again and again?
 
Baked on Grease

Baked on Grease

Regular Member
Joined
Jul 4, 2011
Messages
629
Location
Sterling, Va.
I will assume that you had the firearn with you but not on you, so that when the cops came they were warrented to search the premises and found the firearm.

It sounds like the firearm was seized under suspicion that it belonged to the one arrested.

Get legal counsel, phone calls are free and ask around, like mentioned above, most times if the lawyer is willing to have a sit down it's free (for a set amount of time) at which point they can give you advice and estimate costs for further pursuance.

Sent using tapatalk
 
VW_Factor

VW_Factor

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Joined
Nov 1, 2010
Messages
1,092
Location
Leesburg, GA
Sounds like something most certainly for a lawyer.

Get some consultations. If the case is solid enough, they'll take it. Especially if you "allow" them to press for compensation for the violation.
 
hermannr

hermannr

Regular Member
Joined
Mar 24, 2011
Messages
2,327
Location
Okanogan Highland
KOliverian said:
A family member was arrested recently, and I was present during the arrest. Because my belongings and I were present, my sidearm was also present (but not on me, as I was not in public). I don't feel comfortable/safe riding my bike or walking (I don't drive) without my sidearm, so obviously I would like to get it back ASAP. Does anyone know if there are specific regulations about seizing firearms? Any information about when I might get it back? I find it odd, because it doesn't even belong to the individual arrested.

EDIT:

I think I just answered my own question with an internet search. So then my question becomes, does anyone have personal experience with the Medford PD on this? I have heard some terrible rumors about items never being returned. :-(
Click to expand...

You might want to read this: http://momunicipallaw.wordpress.com...eturn-firearm-or-provide-due-process-hearing/

Yes it was MO, but it was 8th district Federal Appeals court.
 
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