Getting an impounded Firearm from Evidence, City County Building Downtown Indy

[actaeon277]

I've tried contacting Guy Relford (Redford not sure how it's spelled)
But he's a POPULAR well known constitutional carry lawyer and he wouldn't even touch this after I asked him

Probably because individually, they will release your gun just before any court can get to the case, and then there is no 'standing' because you got your gun back.

And a class action might be a pain in the keyster. Have to get a certain number of people to sign on. Lotta work to get all those signatures.


As far as me WISHING for it to happen, it's more of a WISH, than anything else.

 

[actaeon277]

Yes, making citizens wait for their gun, is just another jump they make everyone do, because.. GUNS ARE BAD.
At least that's what they think.

 

[T755]

Yeah...they don't.

Again, who is your assigned detective and did they sign the release form?

Actually they do. Its probably over at MCSO and either parted out or sold to Numrich.

 

[Cameramonkey]

Welcome to INGO. We are glad to have you. It was unfortunate that you had to use your gun in a self defense situation but we're glad you came out ahead.


Getting your gun back has been discussed here a few times. I'll try and find the links and post them here.

But the consensus is that you'll need to hire a lawyer. There is one person in the chain of command there that just plain refuses to do their job and sign off on the paperwork to let the firearm out.

We've had LEO's that are on this forum personally go down to the evidence room and try to get some results with no success.

So unfortunately, is the firearm worth the price of a lawyer? If not, just buy another one.

I believe from one of those same INGO LEOs that she was supposed to be retiring. Lets hope she did.

And OP, part of the backlog is a rule that ANY gun that enters the property room for ANY reason (even lost, or taken into custody due to a vehicle accident where the owner was taken to the hospital) MUST be put through ballistic testing. Pre covid timeframe was 18-24 months as I recall. God only knows where that sits today.

 

[bwframe]

 

[shootersix]

I have a friend who’s a lawyer (just retired) who was also the chairman of the local friends of the nra committee, he’s given presentations at the nra conventions.

So back to my comment, he was contacted by the nra and they asked him to contact a neighboring county’s sheriffs department, they were dragging their feet returning a few guns that they’d confiscated from an individual, he contacted the sheriffs department has a little “talk” with them, and next thing you know, his guns were returned lickity split!.

So just a suggestion, try contacting the nra

 

[Mgderf]

And OP, part of the backlog is a rule that ANY gun that enters the property room for ANY reason (even lost, or taken into custody due to a vehicle accident where the owner was taken to the hospital) MUST be put through ballistic testing. Pre covid timeframe was 18-24 months as I recall. God only knows where that sits today.

O.k. this is
I understand, and agree that each firearm taken in should be tested for ballistics, but the time "needed" to perform these functions is indefensible.

 

[Cameramonkey]

O.k. this is
I understand, and agree that each firearm taken in should be tested for ballistics, but the time "needed" to perform these functions is indefensible.

Yep. If the mall was on the other side of the road, Eli's pistol would still be in lockup. As it was in Greenwood, He already has it back. (per Guy)

 

[actaeon277]

O.k. this is
I understand, and agree that each firearm taken in should be tested for ballistics, but the time "needed" to perform these functions is indefensible.

No
No
No.
There is this thing called the 4th Amendment.
If the gun is tested because of investigation of a crime, that's one thing.
But, IF IT'S CLEARED, then there is NO REASON to test the gun.

Are we going to allow people into our homes to start randomly taking fingerprints?
Or to search our computers in case any crimes were done?

 

[actaeon277]

And if there was no 4th Amendment, and it was 'okay' to check guns for no reason at all, then the department doing it should be STAFFED enough that it is done in a TIMELY MANNER.
Now, timely manner will vary from person to person, but most would say YEARS is too long.

Hey, your car has been cleared of any 'wrong doing' in a traffic accident.
But we still need to 'test' it in case it was used in other crimes.
Come back in 2 years.

NO!

 

[GodFearinGunTotin]

You’d think in a state with a perportedly 2A GOP supermajority like Indiana, these issues would be addressed and remedied.

 

[edporch]

This is nothing more than theft, and why I say not to ever carry a firearm for lawful self defense that you can't live with being stolen by the police.

A prime example of what I rant about when somebody lawfully uses a firearm, and the police steal it from you and refuse to return it.

Sure, it can be said that the Prosecutor has to realease it, BUT each police officer who "confiscates" a firearm, knows it'll be a miracle if it's ever returned when they take it, so the police acted as an accomplice to the theft when the lawful owner has a right to it.

There needs to be laws passed to put a stop to this clearly unconstitutional practice.
WHAT A DISGRACE!

 

[Cameramonkey]

This is nothing more than theft, and why I say not to ever carry a firearm for lawful self defense that you can't live with being stolen by the police.

A prime example of what I rant about when somebody lawfully uses a firearm, and the police steal it from you and refuse to return it.

Sure, it can be said that the Prosecutor has to realease it, BUT each police officer who "confiscates" a firearm, knows it'll be a miracle if it's ever returned when they take it, so the police acted as an accomplice to the theft when the lawful owner has a right to it.

There needs to be laws passed to put a stop to this clearly unconstitutional practice.
WHAT A DISGRACE!

And the guys that know whats up will do everything they can to keep the firearm from ever getting into the property room. I recall multiple INGO IMPD LEOs say in the event of a traffic accident they'll drive around the rest of their shift with the weapon in their trunk if necessary to meet up with a spouse or other trusted family member to turn it over to them so it never makes it into the black hole.

 

[Mgderf]

No
No
No.
There is this thing called the 4th Amendment.
If the gun is tested because of investigation of a crime, that's one thing.
But, IF IT'S CLEARED, then there is NO REASON to test the gun.

Are we going to allow people into our homes to start randomly taking fingerprints?
Or to search our computers in case any crimes were done?

Semantics.
I agree that once cleared, it should not need tested.
If the gun was confiscated it is likely in relation to the investigation of a crime.
Why else would they confiscate it, legally?
Once in police hands, how can they clear it of being used in a crime if they can't test ballistics?
If it's not cleared it shouldn't be released onto the streets.

My big beef here is not that they want to test ballistics of firearms that end up in police possession.
My bitch is that once cleared, they are not simply reluctant, but prohibitive to the process of returning it to the rightful owner.

 

[Kirk Freeman]

I've always had a court order.

No problems with State Police in Indy. No problems with Airport Police. Think I have had couple of delays at IMPD. Had to call Corp. Counsel once.

Strangest pistol return I had was here in Tippecanoe County. Sheriff burned it (Glock) rather than return as court order said. When County Attorney found out, he asked how much, I told him, got the money next day. Client did not want to pursue contempt, just took money and bought new gun.

 

[Kirk Freeman]

Semantics.
I agree that once cleared, it should not need tested.
If the gun was confiscated it is likely in relation to the investigation of a crime.
Why else would they confiscate it, legally?
Once in police hands, how can they clear it of being used in a crime if they can't test ballistics?
If it's not cleared it shouldn't be released onto the streets.

My big beef here is not that they want to test ballistics of firearms that end up in police possession.
My bitch is that once cleared, they are not simply reluctant, but prohibitive to the process of returning it to the rightful owner.

Indy is different, Mg. Sometimes pistol not part of investigation, e.g. MVAs.

When I got T-boned in my Buick Lesabre by the Ford 250 and woke up hanging from the belt in passenger seat (I was driving, got hit, hard in through driver's side door). Deputy (outer Wayne township so no IPD) took my 1911 to put in ambulance, but when my dad arrived by chance (I got hit 1/2 mile from my parents' house), older guy gave it to him (Cylinder & Slide stainless Colt). Good thing as it might still be there, lol.

 

[actaeon277]

Semantics.
I agree that once cleared, it should not need tested.
If the gun was confiscated it is likely in relation to the investigation of a crime.
Why else would they confiscate it, legally?
Once in police hands, how can they clear it of being used in a crime if they can't test ballistics?
If it's not cleared it shouldn't be released onto the streets.

My big beef here is not that they want to test ballistics of firearms that end up in police possession.
My bitch is that once cleared, they are not simply reluctant, but prohibitive to the process of returning it to the rightful owner.

They have guns handed to them because someone was in an accident.
They have guns they never got to, where the person that owned the gun has no charges.
Therefore.. checking the gun is looking for a crime to fit the person, as opposed to checking AFTER there is a crime to charge someone with.

 

[manifest destiny]

Being stuck between a rock and a hard place always stinks. The fact that a weapon, cleared of any legal interests, hasn't been rightfully returned after years is ridiculous. Practically theft. Pay 500-700 for new gun or write a check to a lawyer for 800 "just to get the ball rolling". If the earth does shift on its axis, and IMPD decides to return the OP's weapon, he won't be getting the ammo returned.

 

[Sigblitz]

Yes, always call a family member if you can if you're in a MVA.

 

[Sigblitz]

And the guys that know whats up will do everything they can to keep the firearm from ever getting into the property room. I recall multiple INGO IMPD LEOs say in the event of a traffic accident they'll drive around the rest of their shift with the weapon in their trunk if necessary to meet up with a spouse or other trusted family member to turn it over to them so it never makes it into the black hole.

So is this like a cashier skimming the till or an anti gun thing?