Getting an impounded Firearm from Evidence, City County Building Downtown Indy

[HoosierShooter0811]

I had a self defense situation in 2018 where I unfortunately had to use my firearm to defend my life and property selling an Xbox on FB marketplace.

I was cleared of any wrong doing and those involved have been sentenced. The case is now closed.

I've tried several times to retrieve my MP SW 9mm from the City County Building Firearms processing Dept on the First Floor East Wing.

I have filled out a form basically detailing a description of the item etc the case number and proof the case was closed etc.
I was told my form would be processed and the prosecutor would need to clear it before My ammo magazines and handgun were released from evidence to me.
This was in late 2020 when the case closed.
I talked to the prosecutor shortly after as he called me about the case and I brought up when I'd be able to get it back and he told me as soon as he gets the form he would clear it.


It's now 2023 and I've yet to hear back from the city County building and the prosecutor.
I have no felonys or misdemeanors.
It's always some ordeal when I go down there.
"You just have to wait till we receive the form back" or "We don't have any updates in our system".


Am I going to need to apply some pressure with an attorney to get my gun back?
I've only had a firearm in evidence one other time and that was with a smaller county and I got it back literally same day. But that was probably because it's a small town and they called the prosecutor directly.

 

[Sigblitz]

It's cheaper to replace it than hire an attorney. Good luck.

 

[Creedmoor]

It's cheaper to replace it than hire an attorney. Good luck.

Yep, a waste of time.

 

[chuckp]

BTDT. Get an attorney. My gun had sentimental value so it was worth it for me.

chuck

 

[bwframe]

BTDT. Get an attorney. My gun had sentimental value so it was worth it for me.

chuck

No disrespect to you at all sir. As a matter of fact, your misfortune is a good lesson for us all.

DO NOT carry a gun that has sentimental value to you.

.

 

[chuckp]

No disrespect to you at all sir. As a matter of fact, your misfortune is a good lesson for us all.

DO NOT carry a gun that has sentimental value to you.

.

None taken.

It was the only gun I could find in the dark, very, very quickly. Back then I had a bad habit of putting my carry gun wherever when I got home. That was a problem in the dark trying to find a black handgun.

Since then I'm much better prepared.

chuck

 

[KittySlayer]

That was a problem in the dark trying to find a black handgun.

Since then I'm much better prepared.

Better Prepared?

 

[MCgrease08]

I understand your frustrations OP. It took me close to three years to get a gun back from them after I found out they had possession of it.

The pistol had been stolen in a home burglary several years prior. They never even notified me that it had been recovered. They only reason I found out was because I followed up directly with the detective of my case every year. He looked it up and found out the county had been sitting on it for nearly a year. It was a huge pain to actually get it released. I got the run around and made several trips down to the City-County building, but eventually did get it back.

 

[pitbulld45]

A friend had his police retirement gun stolen (laser etched with his full name, former badge number and department logo), a upstanding young man was killed and the gun was found on his possession (the gun in question was not used but was being carried).

After the case was adjudicated my friend was informed by the prosecutors office, he jumped through all of the hoops and after a few years got his gun back in a very rusted and abused condition.

 

[Bigtanker]

Welcome to INGO. We are glad to have you. It was unfortunate that you had to use your gun in a self defense situation but we're glad you came out ahead.


Getting your gun back has been discussed here a few times. I'll try and find the links and post them here.

But the consensus is that you'll need to hire a lawyer. There is one person in the chain of command there that just plain refuses to do their job and sign off on the paperwork to let the firearm out.

We've had LEO's that are on this forum personally go down to the evidence room and try to get some results with no success.

So unfortunately, is the firearm worth the price of a lawyer? If not, just buy another one.

 

[BehindBlueI's]

I had a self defense situation in 2018 where I unfortunately had to use my firearm to defend my life and property selling an Xbox on FB marketplace.

I was cleared of any wrong doing and those involved have been sentenced. The case is now closed.

I've tried several times to retrieve my MP SW 9mm from the City County Building Firearms processing Dept on the First Floor East Wing.

I have filled out a form basically detailing a description of the item etc the case number and proof the case was closed etc.
I was told my form would be processed and the prosecutor would need to clear it before My ammo magazines and handgun were released from evidence to me.
This was in late 2020 when the case closed.
I talked to the prosecutor shortly after as he called me about the case and I brought up when I'd be able to get it back and he told me as soon as he gets the form he would clear it.


It's now 2023 and I've yet to hear back from the city County building and the prosecutor.
I have no felonys or misdemeanors.
It's always some ordeal when I go down there.
"You just have to wait till we receive the form back" or "We don't have any updates in our system".


Am I going to need to apply some pressure with an attorney to get my gun back?
I've only had a firearm in evidence one other time and that was with a smaller county and I got it back literally same day. But that was probably because it's a small town and they called the prosecutor directly.

Do you know who your assigned detective is? Do you know if they signed the release form? That has to be done as well.

 

[KellyinAvon]

Welcome to INGO! Best of luck getting your firearm back, please stick around for the discussion. Good bunch around here.

 

[actaeon277]

Too bad someone couldn't get a class action lawsuit going.
Holding a gun as evidence is one thing.
But after it's cleared it seems kinda wrong.

 

[GodFearinGunTotin]

Too bad someone couldn't get a class action lawsuit going.
Holding a gun as evidence is one thing.
But after it's cleared it seems kinda wrong.

It seems like the system uses the process as a weapon sometimes.

 

[HoosierShooter0811]

I personally think they do it just so they can end up in a higher ups collections.

Kinda like DD 603 war trophy form, they deny it so the CO can keep it

 

[Squid556]

Sounds like you need to shake a little higher up on the tree. Call the prosecutors boss, the state attorney general. Give him all the particulars & see if they'll step in. All they would have to do is call that county & say "Give the man his gun back."

 

[HoosierShooter0811]

Too bad someone couldn't get a class action lawsuit going.
Holding a gun as evidence is one thing.
But after it's cleared it seems kinda wrong.

I've tried contacting Guy Relford (Redford not sure how it's spelled)
But he's a POPULAR well known constitutional carry lawyer and he wouldn't even touch this after I asked him

 

[BehindBlueI's]

I personally think they do it just so they can end up in a higher ups collections.

Kinda like DD 603 war trophy form, they deny it so the CO can keep it

Yeah...they don't.

Again, who is your assigned detective and did they sign the release form?

 

[HoosierShooter0811]

Yeah...they don't.

Again, who is your assigned detective and did they sign the release form?

Yes the detective did his part. Like I said before the process is being held up by the prosecutor.
The prosecutor changed a couple different times in the 4 year span this has been going on

 

[BehindBlueI's]

Yes the detective did his part. Like I said before the process is being held up by the prosecutor.
The prosecutor changed a couple different times in the 4 year span this has been going on

Did it go to trial or was it a no-file? Do you know who the assigned deputy prosecutor is now (if there is one)? They've had a *ton* of turnover.