Indianapolis PD firearm seizure, no return

[shootinit]

Call the NRA and seek the proper attorney for the purpose, to get action. I got my firearm back in 24 hours. It cost me $125.00 for the letter from my attorney. It was well worth it. We have rights to own a firearm unless you are a proven felon. State laws may be different in your case.

 

[MichaelZWilliamson]

Mine was released in a month in 2001--charges against me were dropped. A friend of mine was the VICTIM of a burglary last Sep, and they took his revolver. The case against the punk is still "pending" and they still need his defensive gun for "evidence."

The case will have to conclude and you will do best to go in person and politely ask for status. A lawyer helps. I know one who is specifically a firearms atty, and isn't local, but can get results by phone if you can't. Reasonable rates, and he writes an ironclad NFA trust, too. https://www.facebook.com/hoosierattorney/

EDIT: Yeah, they claimed to me they had to "Trace" the firearm, even though I had a receipt from the manufacturer and dealer with my SSN on it as the original owner.

 

[DFacres]

https://www.facebook.com/relfordlaw/

I would contact Guy Relford.

I would highly recommend him too after attending one of his Indiana gun law seminars.
His specialty is gun law, and that’s all he does

 

[T.Lex]

Well, it looks like this thread is an official stop on the route to 50.

 

[jwh20]

There is always small claims court.

 

[Rbooher7526]

How long can LE hold on to my firearm after a seizure?

Some particulars regarding the seizure:

-I was detained for an incident but not charged and then released that same night with some of my property excluding my firearm, magazine, extra mag and holster. I was told they would call me when I could pick up my property.
-Was never called so two weeks later I went to the property room and they released my magazine, ammo, extra mag and holster. I was told my firearm would still be held pending whether or not the prosecutor wanted to press charges or not. Was told this could take several weeks plus. Was told there would also have to be a background check before the firearm's release so filled out some paperwork and got printed.
-5 months later still no call so went back to the court house and was told that the firearm was still being processed. Was informed that the arresting officer had just signed off on it (only a week or so ago!) but it still had to be reviewed/background checked and that there was no definitive time frame for this as there were thousands of cases before mine.

Is this a 4th amendment issue?
Do I have grounds for a lawsuit here?
Does anyone know a good lawyer who might handle this case pro bono?

There are attorneys in Indy that specialize in gun cases. It appears they are stone walling you. I would see about having an attorney send tr prosecutor a letter. When you were released without charges that should hsve been the end of it. If you legally possesed the gun and had a back ground check, why would they need another?

Sent from my SM-G955U1 using Tapatalk

 

[Notalentbum]

If there is no difference in how you shoot with both, I'm on board.

If you shoot the Sig a lot better, then you should carry the Sig.

I gotta disagree on this. I shoot virtually every rifle better than any handgun. This doesn’t make the rifle the better choice to carry.

Matt

 

[Notalentbum]

Why is someone’s recovered property critical to a case. Years ago someone stole my car. It was recovered a few hours later after a short chase and crash. I was allowed to get all my property that was left in the car the next day. Would that have been any different had I left my gun in the car?

Matt

 

[DFacres]

How long can LE hold on to my firearm after a seizure?

Some particulars regarding the seizure:

Was told there would also have to be a background check before the firearm's release so filled out some paperwork and got printed.
-5 months later still no call so went back to the court house and was told that the firearm was still being processed. Was informed that the arresting officer had just signed off on it (only a week or so ago!) but it still had to be reviewed/background checked and that there was no definitive time frame for this as there were thousands of cases before mine.

Background check? How many "minutes" (not weeks or months) does it take for the background check to process when you go in to purchase a firearm and then walk out with it in hand after purchasing it?!?!?!?!?!?

If the prosecuting atty is pondering his next move, what ever happened to the Constitution that you are innocent until proven guilty?

 

[henry0reilly]

Local police had a firearm of mine. My lawyer sent a letter requesting it be returned, they ignored it. Sent a certified letter, got my gun back the next day.

 

[L999here]

How long can LE hold on to my firearm after a seizure?

Some particulars regarding the seizure:

-I was detained for an incident but not charged and then released that same night with some of my property excluding my firearm, magazine, extra mag and holster. I was told they would call me when I could pick up my property.
-Was never called so two weeks later I went to the property room and they released my magazine, ammo, extra mag and holster. I was told my firearm would still be held pending whether or not the prosecutor wanted to press charges or not. Was told this could take several weeks plus. Was told there would also have to be a background check before the firearm's release so filled out some paperwork and got printed.
-5 months later still no call so went back to the court house and was told that the firearm was still being processed. Was informed that the arresting officer had just signed off on it (only a week or so ago!) but it still had to be reviewed/background checked and that there was no definitive time frame for this as there were thousands of cases before mine.

Is this a 4th amendment issue?
Do I have grounds for a lawsuit here?
Does anyone know a good lawyer who might handle this case pro bono?

No lawyer needed. IAW (in accordance with) IC 35-47-3-2 if there were no charges filed,firearm MUST be returned to rightful owner following disposition of the case. Might call Co. prosecutor and repeat this section of the law and explain that your rights have been violated. In my view...as long as you have a valid license to carry,this should have been done when the rest of your property was released to you. Good luck...!

 

[shootinghoosier]

I had 6 guns stolen about 10 yrs ago...the police called me a few years ago to tell me they recoverd one gun and when I went downtown to pick it up, I asked them to run the serial numbers of the others just to see if they had my other guns. Turned out they had 4 more of them in the property room and they said 2 were about to be destroyed. I was able to pick up the 4 guns about 2 weeks later. So out of the 6 stolen guns, I now have 5 back.

While I was grateful to recover my nickel plated Colt Diamondback, the finish on it was absolutely trashed and the rear sight is all screwed up. It looked like it had been sitting in some kind of solvent.

The guy in the property room told me that they won't release a firearm until the defendant's case is concluded as it may be required for evidence to show a jury. He said one gun must have been used in a bad crime because it had been in their possession for many years.

 

[DFacres]

Thanks again, for your help with this!

From the answers above, it looks as if management is the problem. How do we citizens help to solve this?

Draw some attention to the problem by walking out in front of the police dept building several days with a sandwich board in large bold letters stating that
"THE POLICE HAVE STOLEN MY
PROPERTY FOR XXXX MONTHS
AND I WANT IT BACK!!!!"

Get a TV news crew to come by for the story. The story isn't just about the abuse to you, but it is rampent and systematic. One would hope the PD wouldn't like the negative publicity, and get it to you right away.

 

[jgreiner]

What about filing a small claims court action against the prosecuting attorney for refusal to return property?

 

[Oldbird13]

I wonder if you could report it stolen to the state police or the Feebs.

NOT a wish idea... you do that and my guess is the feet will REALLY start draggin'

 

[Oldbird13]

What about filing a small claims court action against the prosecuting attorney for refusal to return property?

Another, IMO, not so good idea

 

[ponchoGXP]

I'd call the NRA, word on the street is IF you are a member sometimes they will go to bat for ya. Next, call the ACLU for info. Then try the Attorneys who specialize in Gun Rights cases. But I think bottom line here is that due to current and persisting events stirring up the anti gun population that's probably gonna be the price that many of us are going to have to pay. I know it stinks but if you are pack'n an get stuck in a family dispute or some do gooder calls in on you, ya might just have to kiss your piece good by.
So much for our Rights and Freedoms that countless American Heroes have shed blood and died for.

 

[Thegeek]

Call the Chief directly and explain the situation. Quote the law, and ask him why his department is not returning your item. If that doesn't yield fruit, call the Mayor's office. Next, call the governor. You might call Tony Katz too.

 

[Colt1860]

Is this just Marion county or is it common around the state?

 

[RoGrrr]

All judges are lawyers.
MOST lawyers know the law.
ALL judges KNOW the law. (at least they're SUPPOSED TO)


Go to the judge's office and tell his secretary, "I would like to speak with _THE JUDGE_".
You have to use THOSE WORDS - _THE JUDGE_. She will likely give you a 5 minute audience with THE JUDGE.
Give him a nutshell of what happened and ask if what "HIS" police ("Is what YOUR police are doing to me correct?") are doing to you is correct.
This will tentatively 'indict' "his" police and make him take an interest in YOU !
If what you have related is correct, you should get your gun back IMMEDIATELY.
I had an experience similar years ago and the judge liked how I approached him () with contrition and NO ARROGANCE) and took pity on me. He called the 'offender' and the matter was settled.
And he didn't even bill me (lawyers pull sh8 like this, you know) for the audience.