Does this happen often?

[jason765]

I have a friend, we'll call him H. One day H tells me that his step-daughter's boyfriend stole one of his guns. He called the police and reported the theft and who he thought had the gun. Police track down the BF who is a convicted felon and on parole. They catch him with the gun, and the BF goes bye bye. After police recovered the gun they called H and said that they had it, but could not release it to him until after the trial because it was considered evidence. OK so far I understand the situation. Six months later, H gets a phone call saying that he can come to the City-County building and pick up his gun. H drives down to pick up his gun and has to have another background check, which brings up a battery charge from a decade ago that was ruled in his favor as self defense. They refuse to return the gun based on his check. H buys all of his guns from local FFL's and has to go through a waiting period but always comes up clean. He applied for his LTCH last year, was initially denied but appealed and was issued his lifetime LTCH. H was told that he could appeal the decision on the gun, but his legal fee's would surpass the replacement value. So for H, it made more financial sense to just replace the gun. Has anyone else been through a situation like this? This man is a law-abiding, tax paying, citizen, with a valid LTCH, and basically had his gun stolen twice, first by a petty criminal then by the city of Indianapolis.

 

[Bunnykid68]

If everything he has told you is 100% true I would hire a lawyer.

 

[jason765]

this is just the info he gave me, but he said it would cheaper to replace the gun than drag his lawyer in on it, It was a Hi-Point .45 carbine

 

[GodFearinGunTotin]

 

[churchmouse]

Let them have the darn thing. Bogus if all the info is straight up.
My son was pulled over for DUI in 08 and had one of my guns. He has a LTCH but the gun went to jail with him of course. Took me 5 months to get it back from them. They kept 2 of the Mags and all of the ammo. Bravo Sierra call on this.

 

[Classic]

Depends on how much satisfaction is worth to him. Hate to have it wind up as a freebie in some LEO's safe. Rubs me the wrong way. Maybe one of the legal guys here could write a letter or something at an INGO discount rate. Sometimes a letter is all it takes to get them to do the right thing.

 

[jason765]

Let them have the darn thing. Bogus if all the info is straight up.
My son was pulled over for DUI in 08 and had one of my guns. He has a LTCH but the gun went to jail with him of course. Took me 5 months to get it back from them. They kept 2 of the Mags and all of the ammo. Bravo Sierra call on this.

I call Bravo Sierra anytime I can and thats why I'm asking about it on here, there has to be more to the story. The only "facts" I have are that:
1. The rifle was stolen from my friend.
2. Police recovered the rifle.
3. The rifle was held as evidence toward the thief. (who was already a convicted felon, and on parole)
4. My friend was contacted, telling him where to pick up the rifle.
5. They refused to release the rifle to him when he showed up.
6. He is a legal gun buyer/owner.
7. He has a valid LTCH issued last year but only after an appeal.
The rest is the info he gave me but I cant confirm.
I've been on this story for the last 7 months myself.

 

[BE Mike]

If I were in this situation, I wouldn't let it go with one person telling me I couldn't have my property back. I would ask in person and if that didn't work, I'd write letters. Of course he might not think it worthwhile to stir the pot, but for me it would be the principle of the thing.

 

[Bunnykid68]

If I were in this situation, I wouldn't let it go with one person telling me I couldn't have my property back. I would ask in person and if that didn't work, I'd write letters. Of course he might not think it worthwhile to stir the pot, but for me it would be the principle of the thing.

I am with you Mike, if it were me and the story as told, I would spend a $1000 or more easily just on principle.

 

[BehindBlueI's]

Let them have the darn thing. Bogus if all the info is straight up.
My son was pulled over for DUI in 08 and had one of my guns. He has a LTCH but the gun went to jail with him of course. Took me 5 months to get it back from them. They kept 2 of the Mags and all of the ammo. Bravo Sierra call on this.

I believe that policy has changed and you now get the ammo back, as well, but seperately. I'm not 100% on that, though, as it may have changed again.

 

[BehindBlueI's]

Depends on how much satisfaction is worth to him. Hate to have it wind up as a freebie in some LEO's safe. Rubs me the wrong way. Maybe one of the legal guys here could write a letter or something at an INGO discount rate. Sometimes a letter is all it takes to get them to do the right thing.

Indianapolis destroys any weapons that can't be, or just aren't, claimed. No one gets any freebies. The city could help their budget and auction off old evidence guns and the like, but doesn't want the bad publicity if one of them ends up used in a crime and the media catches it.

The old Kiesler's (now Orien Arms) used to sell evidence guns from all over the country. My current deer gun had a big ol' orange sticker on the stock that indicated it had been used in some...questionable activities down in FL before I owned it.

 

[mrortega]

Indianapolis destroys any weapons that can't be, or just aren't, claimed. No one gets any freebies. The city could help their budget and auction off old evidence guns and the like, but doesn't want the bad publicity if one of them ends up used in a crime and the media catches it.

The old Kiesler's (now Orien Arms) used to sell evidence guns from all over the country. My current deer gun had a big ol' orange sticker on the stock that indicated it had been used in some...questionable activities down in FL before I owned it.

+1. I understand that there was a big push by Oprah (large, crying, over paid talk show host for those with nothing better to watch) to stop the practice of auctioning off recovered and stolen firearms because somewhere someone was killed by one of them after it was sold.

 

[jason765]

I have a New England 20ga single that was confiscated by the DNR when I was 12. (long story) I got it back with a big orange evidence sticker on the stock.

 

[IncendiaryGunner]

Wouldn't this be something that could be handled in small claims court without a lawyer?

I could be wrong - as I am NOT a lawyer - but I thought disputes over claims under X dollar amount were handled in small claims court, and generally do not require a lawyer....

I would imagine almost any judge would glance at this and instantly have his firearm returned....

 

[HoughMade]

Yep. I am a lawyer and I don't see why this can't be handled in small claims court. However, something seems to be missing from this story. If charges were brought and dropped, his record should be clean. If, however, the were brought and reduced to a lower charge......

It's just that something doesn't seem right here.

 

[xwing]

I've heard of similar. Many governments will do anything to prevent returning a firearm to the rightful owner. It's your buddy's call whether doing the "right thing" and fighting it is worth the expense and hassle. Tough call.

 

[XDLover]

Considering what it is they are doing him a favor. The department might need a paperweight

 

[LarryC]

Sorry but it sounds like something hasn't been disclosed IMHO. But if everything is as has been described, I would certainly continue to fight - I would call or write the police chief, Mayors office etc. and also file in small claims court requesting not only my rifle back but also reimbursement for my time. I would spend a $1000 to recover my rifle and cause the incident to be brought out into the open to prevent it from happening again.