Deceased brother's pistol confiscated by police

[Blissm]

My brother was discovered in his bed. He had passed away in his sleep. His pistol was holstered beside his bed. No foul play, natural causes. The officer that was onsite took it upon himself to confiscate his pistol. Is this protocol? What will I need to do now in order to get it back? Any suggestions? He lived by himself.

 

[Mike H]

I would go talk to the chief and see what he has to say about this.
IANAL but this just seems plain wrong. Let us kno0w how this works out.
BTW welcome to INGO!

 

[MeatyBacchus]

Call the department and find out what you need to do.

 

[Hornett]

Sounds like a theft instead of a confiscation.
IANAL

 

[SEIndSAM]

Sounds like a theft instead of a confiscation.
IANAL

I was thinking the same thing.

 

[Kirk Freeman]

IME, standard operating procedure.

Theft? Naw, the cops acknowledge they took it, right?

Have the probate attorney get a court order to turn it over to the devisees/heirs.

 

[Hornett]

Kirk,

Please help me out here.
Do they also take the bedside tables SOP?
Do they take the guys wallet cause it's SOP?
What about any expensive artwork in the house at the time of death... SOP?

I am really not trying to be a butt I just really don't understand when a GUN makes such a big hairy difference.

 

[pig957]

Blissm, sorry about your loss. Welcome. I believe the gun was removed from the home because it was a firearm (safety issuse). Was anyone given a receipt for the gun?

 

[Sylvain]

Blissm, sorry about your loss. Welcome. I believe the gun was removed from the home because it was a firearm (safety issuse). Was anyone given a receipt for the gun?

They must have removed all sharp objects also, and cover every electrical outlets to make sure nobody gets hurt.

 

[Effingham]

Indeed, sounds massively bogus.

My condolences for your loss, too.

 

[shibumiseeker]

They'd need a truck at my place.

Sorry to hear about the loss of your family member. They should not give any hassle about returning the gun to whomever is the executor.

 

[Tactical Flannel]

The police took it because of the issue of a 'misplaced' firearm is something none of us responsible gun owners want to happen. A 'misplaced' firearm is significantly more dangerous than a pair of scissors, night stand or electrical outlet.
It wouldn't be the first time a firearm(s) was stolen from a deceased person's residence before family was able to think about securing the deceased's belongings. The family tends to be a little more preoccupied with the loss of their loved one.
Simply contact the agency of the officer that took it and ask what is their procedure to have it released to family. With most agencies, its a matter of showing kinship.

Stay safe

 

[hockey3236]

question was nobody else in the house the gun will become part of his estate with full survivor rights

 

[Sylvain]

The police took it because of the issue of a 'misplaced' firearm is something none of us responsible gun owners want to happen. A 'misplaced' firearm is significantly more dangerous than a pair of scissors, night stand or electrical outlet.
It wouldn't be the first time a firearm(s) was stolen from a deceased person's residence before family was able to think about securing the deceased's belongings. The family tends to be a little more preoccupied with the loss of their loved one.
Simply contact the agency of the officer that took it and ask what is their procedure to have it released to family. With most agencies, its a matter of showing kinship.

Stay safe

What about gold watches, cash and other precious belongings?
I bet they are often stolen from the deceased as well, the police should secure all precious and dangerous items to make sure they dont get stolen.
As a responsible pair of scissors owner I wouldn't want someone to get hurt with one of my scissors.
I hope that if I die the police will secure my scissors collection, I own some that are quite sharp and pointy.

 

[mmills50]

What about gold watches, cash and other precious belongings?
I bet they are often stolen from the deceased as well, the police should secure all precious and dangerous items to make sure they dont get stolen.
As a responsible pair of scissors owner I wouldn't want someone to get hurt with one of my scissors.
I hope that if I die the police will secure my scissors collection, I own some that are quite sharp and pointy.

What about assault scissors?
The BRPS (Bureau of Rock Paper Scissors) would surly want them secured in a "secure facility, aka melting plant

Sorry for your loss but at least he went in his sleep

 

[Blissm]

I can certainly appreciate the securing of a firearm in the name of safety. There have been maintenance folks in his apt. since his passing. He never had much in the way of belongings, nor a will. The only way I found out that the police had it was due to a call I made to a officer I know. He checked into it and told me that he thinks they have it. He is going to attempt to see what will be required. In my opinion, it should be as simple as proving who I am. I have the keys and task of clearing out his apartment. This was something that I was not expecting to have to deal with. If I had not previously had knowledge of its existence, this would have gone completely unnoticed. There has been no attempt on their part to contact anyone, nor was there a receipt left that I am aware of. His discovery became knowledge to me the day after.

 

[traderdan]

I can certainly appreciate the securing of a firearm in the name of safety. There have been maintenance folks in his apt. since his passing. He never had much in the way of belongings, nor a will. The only way I found out that the police had it was due to a call I made to a officer I know. He checked into it and told me that he thinks they have it. He is going to attempt to see what will be required. In my opinion, it should be as simple as proving who I am. I have the keys and task of clearing out his apartment. This was something that I was not expecting to have to deal with. If I had not previously had knowledge of its existence, this would have gone completely unnoticed. There has been no attempt on their part to contact anyone, nor was there a receipt left that I am aware of. His discovery became knowledge to me the day after.

This is unfortunate,let us hope that eventually the executor of the estate would have been notified,however,human nature being what it is.......

 

[IndyBeerman]

I can certainly appreciate the securing of a firearm in the name of safety. There have been maintenance folks in his apt. since his passing. He never had much in the way of belongings, nor a will. The only way I found out that the police had it was due to a call I made to a officer I know. He checked into it and told me that he thinks they have it. He is going to attempt to see what will be required. In my opinion, it should be as simple as proving who I am. I have the keys and task of clearing out his apartment. This was something that I was not expecting to have to deal with. If I had not previously had knowledge of its existence, this would have gone completely unnoticed. There has been no attempt on their part to contact anyone, nor was there a receipt left that I am aware of. His discovery became knowledge to me the day after.

First of all, any maintenance people that enter into the apartment since he is deceased must notify someone before entering.

Second of all, I know this is a different situation than you, but when my father passed away in August of 2000, he had [STRIKE]several firearms[/STRIKE] make that a small arsenal in the home and nonr of them was confiscated. We was informed that they would have a deputy at the home till we could get there a little later to secure the home.

I was able to arrive a little while later and was greeted by two Deputies, informed me as to what they had to do to gain entry and would wait till I returned with a new lock for the door. Very professional and polite.

Did I forget to mention (yes I did), this was in Marion County.


I'm glad that this was the Sheriff's department and that IMP was not around then because of the crap it takes to get a firearm back from them.

 

[hoosierdoc]

What about assault scissors?

I was looking at an AK-style assault scissor I read about in the news. I've been on edge whittling down the options, there are two that made the cut but
I think I'll shear it down to one.

 

[Hornett]

And power tools!
Just think of the horrors of a 'misplaced' chainsaw running amok and sawing up everything in sight.

Second of all, I know this is a different situation than you, but when my father passed away in August of 2000, he had several firearms make that a small arsenal in the home and nonr of them was confiscated. We was informed that they would have a deputy at the home till we could get there a little later to secure the home.

I was able to arrive a little while later and was greeted by two Deputies, informed me as to what they had to do to gain entry and would wait till I returned with a new lock for the door. Very professional and polite.

That is more what I would have expected.