Indianapolis PD firearm seizure, no return

The #1 community for Gun Owners in Indiana

Member Benefits:

  • Fewer Ads!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • Pohaku

    Plinker
    Rating - 0%
    0   0   0
    Mar 21, 2014
    26
    3
    In the middle
    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?
     

    Kutnupe14

    Troll Emeritus
    Rating - 0%
    0   0   0
    Jan 13, 2011
    40,294
    149
    No bueno bro. That's bureaucracy for you. You better keep on their butts or your firearm may be placed on a shelf and forgotten about forever. Your case would probably get your gun released faster, but that's about it. I doubt you win anything for damages. I also doubt anyone would take the case pro bono, given I imagine this is probably a fairly common issue.
     

    Brandon

    Grandmaster
    Rating - 100%
    11   0   0
    Jun 28, 2010
    6,997
    113
    SE Indy
    Friend had his sit there for around 2 years.
    Family had theirs for about 6 months and got a lawyer involved to get a release request or something...
     

    Anima mundi

    Plinker
    Rating - 100%
    1   0   0
    Feb 14, 2016
    136
    18
    Southport
    It's a hundred percent unconstitutional. They don't get to hold onto your property indefinitely just because the prosecutor hasn't decided whether they want to prosecute.
     

    lonehoosier

    Grandmaster
    Rating - 100%
    28   0   0
    May 3, 2011
    8,012
    63
    NWI
    It's a hundred percent unconstitutional. They don't get to hold onto your property indefinitely just because the prosecutor hasn't decided whether they want to prosecute.
    So the only other alternative you have is to spend thousands of dollars for a lawyer to get back a $500 gun. I’m not saying it’s right but the alternative just doesn’t make sense to me. Let this be a good reminder that one is none and two is one and EDCing a $1000 plus gun for self defense may not be a good idea. Having a exact copy of your carry set up for this types of situations is a plus.
     
    Last edited:

    bwframe

    Loneranger
    Site Supporter
    Rating - 100%
    93   0   0
    Feb 11, 2008
    38,170
    113
    Btown Rural
    I have heard these stories of IMPD endlessly keeping peoples guns over the years. I wonder if you could make a claim for stolen property with your insurance company?
     

    Brandon

    Grandmaster
    Rating - 100%
    11   0   0
    Jun 28, 2010
    6,997
    113
    SE Indy
    I called my insurance company years ago when I sold a car to a co-worker and he failed to pay. I asked if I could report it stolen or make a claim that it was stolen since it had not been paid for. They said since I knew who I sold it to and should be able to figure out where it was clarified to say his place- I was out of luck.

    I would imagine since we know where it is and who has it that a claim would get you no where with an insurance company.
     

    thunderchicken

    Grandmaster
    Rating - 100%
    5   0   0
    Feb 26, 2010
    6,435
    113
    Indianapolis
    Heard many stories like this over the years.
    My brother had a gun stolen and was recoverd a year later. After he was informed that it was in the property room he still had to contact the detective, do the background check and prints, several phone calls and visits to the property room. Finally after about 8 months he got a call to come pick it up. Sorry but I don't think it will proceed any faster unless you get a lawyer involved. Good luck
     

    gmcttr

    Grandmaster
    Site Supporter
    Rating - 100%
    12   0   0
    May 22, 2013
    8,593
    149
    Columbus
    Stolen??? Insurance??? Umm...I believe you would have to report the theft to the police and provide a copy of the report to your insurance company. Good luck with that.
     

    stymie12000

    Marksman
    Rating - 100%
    17   0   0
    Jun 18, 2010
    191
    18
    Bripple
    I've have a gun that was stolen and lMPD recovered it. It's been 1 year 4 months since submitting my fingerprints to get the gun released. I guess IMPD has to run a background check before releasing the gun.

    Well still no word from IMPD. I've tried calling but never can get anyone to answere. So frustrating to be treated this way!

    It's only a Remington 870 but back in the 80's my dad gave it to me for Christmas when I was 16. So it has some value to me.

    So needless to say that I am subscribed to see how this turns out for the OP. And good luck! I feel you!
     
    Top Bottom