Confiscated firearms

[19roger54]

Can anyone tell me how I can get my firearms that were seized by the police. The judge said I need to show proof of ownership. Most of my guns were bought from individauls with no reciept of purchase. Some were purchased over 30 years ago. I'm form Martin Co. in Indiana.

 

[Mgderf]

Can anyone tell me how I can get my firearms that were seized by the police. The judge said I need to show proof of ownership. Most of my guns were bought from individauls with no reciept of purchase. Some were purchased over 30 years ago. I'm form Martin Co. in Indiana.

Try to Pm Gunlawyer

He's rather new on here, but seems VERY knowledgeable in these type of matters

 

[AFA1CY]

+1 for Mgderf - get a lawyer.

 

[wally05]

Wow, can I ask why they were taken? It's not required of course, I'm just curious.

Anyways, it's total bs that you have to provide proof of ownership... if they took them from you and the serials were recorded when they were taken, what the hell are they thinking?

Get a lawyer and get them back...

 

[Michiana]

Sometime no paper trail is not the best course of action.

Can anyone tell me how I can get my firearms that were seized by the police. The judge said I need to show proof of ownership. Most of my guns were bought from individauls with no reciept of purchase. Some were purchased over 30 years ago. I'm form Martin Co. in Indiana.

One more reason to go through a FFL.

 

[LEaSH]

Or do a bill of sale between FTF private parties.

 

[Oldcoyotedream]

Had a friend go through this same situation. His lawyer had the inventory sheet that the police used as they took his guns into custidy. The Lawyer said if they can't prove any of the guns were stolen that he expected quick return. He had them back the next week.

I believe it to be their burdon to prove they are not yours vs you proving they are?

 

[IndyGunworks]

Wow, can I ask why they were taken? It's not required of course, I'm just curious

 

[wally05]

Had a friend go through this same situation. His lawyer had the inventory sheet that the police used as they took his guns into custidy. The Lawyer said if they can't prove any of the guns were stolen that he expected quick return. He had them back the next week.

I believe it to be their burdon to prove they are not yours vs you proving they are?

Yeah, after looking it up and asking some of the local officers, I'm pretty sure if they confiscate something, they have to record it in detail and give the items back to you when done. It's not your burden of proof. That wouldn't be much different if they confiscated a TV or computer and then required you to show proof that you own it.

 

[Chefcook]

They do this because a lot of the time they can bully people and get away with it. Contact a lawyer and you will have your firearms back very quickly. It sucks and its wrong that you'll have to shell out money to a Lawyer to get them back, but that is the way of it. It is not your burden to prove anything other than they confiscated the firearms.

 

[SavageEagle]

While you've got that lawyer, I'd see about filing a suit against them to see that it doesn't happen with that department ever again.

 

[Beau]

While you've got that lawyer, I'd see about filing a suit against them to see that it doesn't happen with that department ever again.

That is what I was thinking. Is not what the PD doing the same as theft?

 

[SavageEagle]

That is what I was thinking. Is not what the PD doing the same as theft?

It is, but I wouldn't expect anything to come of it. A policy change at most. It's just a way to get in on paper that it will change and make it easier for the next guy it happens too. Don't sue for money, just sue for a policy change.

 

[Oldcoyotedream]

Contact the State Police and let them know your guns were stolen. When they come out let them know who did it? That would be some funny sh*t right there - LOL

 

[wally05]

Contact the State Police and let them know your guns were stolen. When they come out let them know who did it? That would be some funny sh*t right there - LOL

LOL, amazing... please, I want to be there during that investigation.

 

[SavageEagle]

Well, they couldn't really consider that a false report could they? It's technically true... Then you'd get the prosecuting attorney as your attorney... Heckuva thought if it'd work!

 

[LEaSH]

It's a pay to play legal system.

It's messed up - and whatever the OP did to get them taken from him may or may not have been warranted. And he's yet to say.

When he says the judge told him he needs to prove they're not stolen it kind of bugs me. I'm used to young cops not knowing or paying heed to the law - but a judge that makes up rules as he wants is more than a little screwy.

If a judge wants them held for awhile he can order a mental evaluation or something. I doubt that's anybetter than having to hire a lawyer.

 

[Oldcoyotedream]

Well said Lee Ermey, with what little facts we know about the situation we can only have fun with it and poke holes through it. Yet throwing out fun is what some of us do best. If he is really in trouble he might not want to take my advice

 

[BtownBlaster]

Wow, that's ridiculous. As has been stated, you shouldn't have to prove anything, the state has the burden of proof in criminal matters. I would be very interested in knowing which judge said this, as I know several people in the area, and most would be sympathetic to your side. Perhaps a stunning revelation, near election time, is in order? If this judge is attempting to grab your guns, make it a costly attempt.

 

[tenring]

When they are taken back to the station [if they were], they are logged in [and a reason for the confiscation] and you should have been given a receipt [with the kind and serial numbers] for them. If not, why not? And just why were they confiscated. No real help, except ideas that won't hold too much water, until we know the reason. Until then, start saving for all new ones.