Deceased brother's pistol confiscated by police

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  • Blissm

    Plinker
    Rating - 0%
    0   0   0
    Feb 28, 2012
    16
    3
    I am sorry for your loss. Many times weapons that might be part of the deceased becoming deceased, are taken into custody until the Coroner has made his ruling on cause of death.

    You should have no problem getting the gun back if it was, indeed, a death from natural causes.

    The Police don't want to keep his gun, they are just trying to get it all right.

    The word, "confiscated" is inflammatory and not correct.


    Perhaps the word confiscate was a bit harsh. I probably should have used the word "secured". The good news is that I NOW HAVE THIS FIREARM IN CUSTODY AS OF TODAY.

    I also must add here that I am glad that the local police department secured this pistol before any opportunist took it upon themselves to get too curious. There have been several maintenance folks in and out of his apartment since his passing. If this had not been small town where I had grown up with several of the officers on the force, this may have drawn out over years. I made a call and got answers, got hold of the right person that made it right for me. Of course, I still had to sign for it and provide identification, but generally speaking it was handled as possible evidence until it was clear that it was not culprit. Had it been, and had there been foul play....I would be up in arms had this been handled any other way. Especially if it had come up missing.

    I respect law enforcement, but I always question authority. In this case, I asked if this firearm had never been requested, what would have happened to it? The answer was that there is a backlog of similiar type "evidence" that backlogs to 1977, and eventually it would have been returned after maybe 4 or 5 years, pending the result of finding a family member after all that time. Remember, there was no receipt left at the scene. This is the only complaint that I have. If I had never inquired, it would have probably been destroyed. What if this was a priceless antique? It wasn't, but to me it is priceless since it was my brothers. Thank you all for your well wishes. I am satisfied otherwise that the officer secured this firearm in the interest of safety and "blind" evidence. He was doing his job and I respect that.
     

    Slim400

    Plinker
    Rating - 100%
    7   0   0
    Jan 19, 2012
    135
    16
    INDIANAPOLIS SS IN
    I would have to ask were you given a receipt for the weapon if you were not and the officer refuses to speak to you or give you the hassle basically ducking questions I would call his desk Sgt. and asked him what was it Valchard out of that house before you get started get a copy of that report was this an antique or high-value firearm just a note you start rattling cages and the gun turns up
     

    drygulchstan

    Plinker
    Rating - 0%
    0   0   0
    Mar 22, 2011
    65
    8
    You should be able to talk to the officer and he can release it. if not you would have to have the judge release it.
     
    Rating - 100%
    1   0   0
    Aug 23, 2009
    1,826
    113
    Brainardland
    Easy guys...there is nothing sinister in this.

    Once a person dies everything is in probate.

    On more than one occasion, while investigating deceased persons, I would have family members show up and start trying to cart things away right in front of me, usually on the pretext that dear, departed Aunt Tillie "promised" them the item in question. Some of these damned people were no better than vultures.

    I'd have to lay down the law and advise these people that NOTHING was leaving the premises until the estate had been properly adjudicated.

    Our usual procedure in such situations was to remove and secure items that were portable, valuable and easily disposed of, because if we didn't the items in question were going to disappear just as sure as hell. Guns are on the top of that list, along with cash, obviously valuable jewelry, negotiable items, such as the deceased's wallet full of credit cards, etc. There was no checklist for doing this and each officer used his own good judgement in deciding what would be prudent to remove.

    If some of you here who are accusing the LEO of "stealing" the gun were actually in line to receive an item, such as a gun, from a deceased family member only to find out that it grew wings because the cops left it laying around the house instead of securing it, you'd be singing a different tune.
     

    2cool9031

    Grandmaster
    Rating - 100%
    43   0   0
    Mar 4, 2009
    6,569
    38
    NWI
    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.

    I agree, just standard procedure. If there were any animals in the house they wouldn't leave them there either.
    Think about it...a loaded gun in an empty house, and the owner isn't coming back for it. For me it is a No Brainer
     
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