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

[Sigblitz]

Guy Relford's mother has a gun, bought new, in the property room that was stolen from her, and they won't release it because she no longer has the receipt.

 

[Cameramonkey]

Here's the real questions I have:
Does this happen every time a self defense action takes place throughout the state of Indiana or just "certain" locales?

At this time, only IMPD does this. The hero of the Greenwood mall shooting Elisjsha Dicken had his gun returned to him (via his attorney) the minute the investigation was closed. No testing done. And LITERALLY as soon as it was officially closed. They handed it off to Guy Relford after the press conference while he was in attendance.

And IMPD needs sued into compliance to only test firearms involved in crimes as a suspect*.

NOT guns in your scenario, and DEFINITELY NOT guns that end up there by happenstance. (removed for safekeeping after auto accident, etc)

*EDIT: I COULD see this testing applying as well if your gun is stolen and confiscated from a criminal. Its reasonable to assume if a guy steals your gun either by burglary or because they stole your car with it inside and they have a history of criminal violence, that the gun could be tested to make sure that perp didnt use it to kill somebody while they had it in their possession. Its a stretch, but not unreasonable. But thinking this through, If they arent testing EVERY last gun, and only testing criminal suspect guns, the wait time would be exponentially shorter.

 

[bforgey0952]

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.

That’s very unfortunate that you had to use it over such a petty situation, glad you can tell the tale.

My first thought is before you go spend money on an attorney I’d recommend just calling daily and bugging the hell out of them… Sounds stupid but after a few weeks of daily calls they’re bound to get tired of it and just release it considering you said the case has been closed. If it goes the other direction where they take it personally that your calling everyday and decide to not release it then it would be smart to hire an attorney because you could get your firearm back and possibly have a lawsuit where the state has to compensate for the money you spent on the attorney. Just my thoughts, never had one taken from me (knocking on wood) but that would be my first instinct if I was in that situation.

Lastly let’s give our condolences to that firearm… poor bastard is dry heaving in evidence from not being oiled in over 3 years, I send my prayers to that M&P

 

[bwframe]

Been watching this thread... Finally got a chance to participate in it. Had to think it through before I posted.

So... Let's say a person who carries everyday, everywhere, concealed most of the time finds himself embroiled in a self-defense scenario. This person (Mr. LAC) has a LTCH issued by Indiana but is covered by Indiana Constitutional Carry, has an NRA instructors certification and has a spotless lifestyle with no criminal record.
Mr. LAC has an unwarranted attack on his person and uses his sidearm as a last resort to stop the attack.

Officer Serious shows up with the cavalry after the shooting is over then the statements are taken. Perp didn't make it... witness states that perp tried to stab and rob Mr. Law Abiding Citizen.
Officer Serious "confiscates" Mr. LAC's side arm... FOR WHAT? Proof that Mr. Lac actually shot the perp!
Weeks go by, Mr. LAC finally gets a response from Officer Serious.
Mr. LAC is informed that proof of purchase is required for the return of the gun!

Here's the real questions I have:
Does this happen every time a self defense action takes place throughout the state of Indiana or just "certain" locales?

What if Mr. LAC purchased the gun from an acquaintance on INGO legally?
Both purchaser or seller have clean records. No worries there!
BUT... no invoice/receipt/BOS was created so NO record exists of the transaction.
Now what?
No bill of sale... no luck?
What means does one have for the return of their legally owned property? Steps needed to prove ownership?
Does this mean a person shouldn't purchase a pistol from a fellow INGO'er for the purpose of carrying it for personal protection?

Would it be logical to say: One should only carry what one has purchased through a LGS and has a proof of purchase for said item?

Asking for a friend.

IIRC, Guy Relford spoke of his 93 year old mother having a pistol impounded. Last podcast, I believe?

Long story but the impounded pistol had nothing to do with any shooting. Employee stole her vehicle, pistol in glovebox or something. Vehicle with pistol recovered by IMPD.

Her pistol is stuck in the IMPD property room (forever?) due to her not being able to produce a receipt of purchase for the many decades old pistol.

 

[Sigblitz]

That’s very unfortunate that you had to use it over such a petty situation, glad you can tell the tale.

My first thought is before you go spend money on an attorney I’d recommend just calling daily and bugging the hell out of them… Sounds stupid but after a few weeks of daily calls they’re bound to get tired of it and just release it considering you said the case has been closed. If it goes the other direction where they take it personally that your calling everyday and decide to not release it then it would be smart to hire an attorney because you could get your firearm back and possibly have a lawsuit where the state has to compensate for the money you spent on the attorney. Just my thoughts, never had one taken from me (knocking on wood) but that would be my first instinct if I was in that situation.

Lastly let’s give our condolences to that firearm… poor bastard is dry heaving in evidence from not being oiled in over 3 years, I send my prayers to that M&P

Hi. You must be new. Welcome to INGO.

 

[bforgey0952]

Hi. You must be new. Welcome to INGO.

Very….. glad I found this place though.

 

[printcraft]

Guy Relford's mother has a gun, bought new, in the property room that was stolen from her, and they won't release it because she no longer has the receipt.

PROVE IT'S NOT MINE CORK SUCKERS! This is probably the worst part of this out of a BUNCH of worse parts.

IMPD get your **** together.

LANGUAGE warning...

 

[Doug]

It seems to me that if someone in IMPD likes your confiscated gun, it might get "lost" so they can take it home.
The real kicker would be if someone was questioned about a gun sold to them being used in a crime after it was confiscated by IMPD and, supposedly, in their property room.

 

[maxipum]

So how come someone has not sued the crap out of IMPD over this ********?Guy Telford please pick up the red ass courtesy phone. My son has one in that property room. Guess I better start digging for my receipt.

 

[Cameramonkey]

So how come someone has not sued the crap out of IMPD over this ********?Guy Telford please pick up the red ass courtesy phone. My son has one in that property room. Guess I better start digging for my receipt.

Guy has talked about this repeatedly. Are you going to spend $3,000 in attorney's fees to recover a $500 pistol? You dont get a judgement for attorneys fees in cases like this. You spend $2-3k for the judge to say "give him his property back."

Its going to take a rules change, probably via legislation, to correct this problem.

 

[maxipum]

Guy has talked about this repeatedly. Are you going to spend $3,000 in attorney's fees to recover a $500 pistol? You dont get a judgement for attorneys fees in cases like this. You spend $2-3k for the judge to say "give him his property back."

Its going to take a rules change, probably via legislation, to correct this problem.

So IMPD can’t be sued?? And the only solution is the state legislature passing a law about one city and their crappy police department. I don’t doubt you but that situation is pathetic. So IMPD wants cooperation from the community at large to fight crime but will not cooperate with community members to return their legally owned property? Welp here’s a big FU to IMPD cooperation is a two way street.

 

[firecadet613]

So IMPD can’t be sued?? And the only solution is the state legislature passing a law about one city and their crappy police department. I don’t doubt you but that situation is pathetic. So IMPD wants cooperation from the community at large to fight crime but will not cooperate with community members to return their legally owned property? Welp here’s a big FU to IMPD cooperation is a two way street.

Avoid Marion county. Give them none of your money, that's about all you can do...

 

[KellyinAvon]

Seems like a good time to point out: the IMPD Property Room are not who shows up when you call 911 in Marion County. Based on the representative sample of IMPD Officers who are also on INGO? The officers on the street aren't fans of the IMPD Property Room.
One thing we gleaned from the @ESSEX news story is that the property room operates on a policy from (at least) when Nixon was in the White House. The ATF guy in the interview cringed at one point talking about the policy.

It won't be anything quick, but wheels will begin turning.

 

[Doug]

Good point. We should separate the officers on the street from those who are self-interested and ethics fluid.

 

[Cameramonkey]

So IMPD can’t be sued?? And the only solution is the state legislature passing a law about one city and their crappy police department. I don’t doubt you but that situation is pathetic. So IMPD wants cooperation from the community at large to fight crime but will not cooperate with community members to return their legally owned property? Welp here’s a big FU to IMPD cooperation is a two way street.

They can. But you have to have standing. And that is limited. I can’t sue because I don’t have a dog in the fight. And if you have a gun in limbo, you can only sue for your item, not for ALL the guns in the property room.

At least that is how I understand it. Maybe if Guy could get a class action suit of a bunch of people affected it could overturn the current rules?

 

[Hawkeye]

So IMPD can’t be sued?? And the only solution is the state legislature passing a law about one city and their crappy police department. I don’t doubt you but that situation is pathetic. So IMPD wants cooperation from the community at large to fight crime but will not cooperate with community members to return their legally owned property? Welp here’s a big FU to IMPD cooperation is a two way street.

No. IMPD can be sued. But its going to cost you several thousand dollars. Most of us cna;'t afford that. And Guy can't afford to do it for free.

 

[Denny347]

It seems to me that if someone in IMPD likes your confiscated gun, it might get "lost" so they can take it home.
The real kicker would be if someone was questioned about a gun sold to them being used in a crime after it was confiscated by IMPD and, supposedly, in their property room.

What? I cannot just go to the property room and they'll let me walk out with property/evidence without signing my life away and the transaction on video. Where do people come up with this stuff? Oh right, TV....sigh

 

[Denny347]

So IMPD can’t be sued?? And the only solution is the state legislature passing a law about one city and their crappy police department. I don’t doubt you but that situation is pathetic. So IMPD wants cooperation from the community at large to fight crime but will not cooperate with community members to return their legally owned property? Welp here’s a big FU to IMPD cooperation is a two way street.

Um, they can, and ARE sued frequently. Please don't lump crime fighting with the property room mess. I show up to a crime and you refuse to cooperate because of something I have NO control over, ok..... I DO have control investigating the crime that brought me there to begin with. Let's start by helping me with something I CAN do.

 

[maxipum]

Um, they can, and ARE sued frequently. Please don't lump crime fighting with the property room mess. I show up to a crime and you refuse to cooperate because of something I have NO control over, ok..... I DO have control investigating the crime that brought me there to begin with. Let's start by helping me with something I CAN do.

I get what you are saying not the fault of patrol officers. What you have though is an organization on one hand saying to the public “we are here to help, help us help you” and with the other hand flipping the public the middle finger. The two are inextricably linked.

 

[Doug]

Hmmm...when an officer takes custody of a firearm in a situation in which it is likely the possessor is not committing a criminal act, is the possessor given a receipt for the weapon or is that a television fiction?