advice on a seized firearm

[offbeat404]

Hello good folks of ODT, I come to you with this rather little glitch i encountered recently. So, my firearm was involved in a negligent discharge last week; a friend of mine mucked around and grazed his hand. All said and done, took him to the emergency room, got him patched up and right before he was discharged, here goes procedure bs; a dekalb co. officer came through, asked few questions, did his report and next came a detective who insisted on seizing my firearm for few days; said it was 'protocol' or some bs like that.

anyways, now the lady at the property room where my firearm is held is saying i need a release form from the det. if i don't have a receipt for my firearm; which i don't. I bought it here from a fellow ODT and have a BOS. the Det. does not answer/return his phone at all.

what can/should I do?

thanks in advance

 

[potenza]

I just got one returned from the Acworth Police & then took my BOS ( simple BOS I have printed) without question. It was not involved in any criminal activity though

 

[C4-10]

I'm going through the same thing. Your bos is enough to prove ownership. My situation however they wanted to run an atf etrace. I guess that's more than pawn shops do. I had the receipt in the box when confiscated and they said that the numbers hit in Tennessee. So needless to say they still have mine. As long as your numbers come back clean, give them the bos with your lawyers number. They should give it back no questions asked.

 

[offbeat404]

@potenza: how long was it before you got yours back? and did the PD call your or did you have to persist?

@C4-10: sorry about your glitch sir. hopefully all works out to your advantage. i'm contemplating on the time-frame i should give them before, you know, get lawyers involved and whatnot

 

[07JKX]

go up above the detective and speak to his supervisor.

future reference (not that I can confirm or deny this may or may not have happened).. but when you go to the hospital... you should never tell them an injury is firearm related unless its blatantly obvious. A grazed head? slip and fall, working on car and cut on rotor dust shield, etc.

good luck man!

 

[Shovelhead]

Weapons seized.... thought that wasnt to happen here?

 

[fistfullaholla]

go up above the detective and speak to his supervisor.

future reference (not that I can confirm or deny this may or may not have happened).. but when you go to the hospital... you should never tell them an injury is firearm related unless its blatantly obvious. A grazed head? slip and fall, working on car and cut on rotor dust shield, etc.

good luck man!

That's some good advice IMHO.
My situation was much more complicated but it took me almost 7yrs until a judge ordered the Sheriff to return my firearms. They refused to return ammo or magazines and after another year of back and forth with the judge I just gave up.
I really wish you luck. Sad that it is standard procedure to take the property of another with no real accountability for such an action.

 

[streetglide08]

I had pretty much the same thing happen in 1995. I was in an auto accident where I was ambulanced to the local ER. There was a deputy at the back of the ambulance asking what I wanted him to do with my gun. I told him to give it to the Trooper working the accident and he could give it my wife at the hospital. (The Trooper was a personal friend) TO get to the point the Trooper never got the gun and it has not been seen since. They County in which this took place in would not put it on the NCIC for me as stolen.
But the Sheriff on a neighboring county who was also a friend put there for me but I will never see that one again I guess. To protect and serve is a joke in some areas.

 

[Badger]

Hello good folks of ODT, I come to you with this rather little glitch i encountered recently. So, my firearm was involved in a negligent discharge last week; a friend of mine mucked around and grazed his hand. All said and done, took him to the emergency room, got him patched up and right before he was discharged, here goes procedure bs; a dekalb co. officer came through, asked few questions, did his report and next came a detective who insisted on seizing my firearm for few days; said it was 'protocol' or some bs like that.

anyways, now the lady at the property room where my firearm is held is saying i need a release form from the det. if i don't have a receipt for my firearm; which i don't. I bought it here from a fellow ODT and have a BOS. the Det. does not answer/return his phone at all.

what can/should I do?

thanks in advance

That's Dekalb, your gun was prob sent to the GBI crime lab to be fired and checked against open homicides etc.
Do like someone else suggested, go above the detective's head. watch commander, divison supervisor etc and stay on top of it or your gun could end up being destroyed.

 

[offbeat404]

That's Dekalb, your gun was prob sent to the GBI crime lab to be fired and checked against open homicides etc.
Do like someone else suggested, go above the detective's head. watch commander, divison supervisor etc and stay on top of it or your gun could end up being destroyed.

i'm going to have to do that.

just to clarify though, they (property room) are saying i can pick it up anytime. the only issue right now is BOS/Receipt related. as far as Property Dept. is concerned, they will release the firearm with my ID and receipt. if there's no receipt, the detective HAS to sign and fax a release form so i can use a BOS instead. silly if you ask me.