Gunco.net - View Single Post

kernelkrink · 09-14-2008, 04:15 PM

Conn state law would apply as to how long they can keep it, best to consult a lawyer in her state. Technically it is evidence if they ever prosecute and they do have to prove they had proper chain of custody for fingerprint and ballistic evidence. Statute of limitations on burglary is usually 3-5 years, beyond that point they no longer need it. That's the legal end of it.

Practically, they can keep it forever unless forced to give it back by a court. A friend of mine was in a fatal vehicle accident in a little Podunk town a few miles from here. His wife was the passenger. He was wearing his custom 1911 which the EMTs turned over to the officer responding to the call. Perfectly understandable, secure the firearm with the police until the immediate crisis is over. She had only minor injuries and after the funeral and all the related business was taken care of she went down to the PD and asked for her husband's gun back. She was told that the gun was loaded with "illegal Black Talon bullets" and therefore was contraban and would have to be destroyed.

Upset, she did the smart thing and consulted her atty, a former prosecuter. They both went down there and demanded to see the Chief. In his office, he again stated that the gun was illegal due to the "cop killer" bullets in it and would be melted down. Her atty then demanded he cite the law that made Black Talons illegal. He couldn't, because they aren't. He then said he was also carrying without a CCW, and they had to keep the gun. The wife pulled his wallet out of her purse and laid his license on the desk. Then it was, well I can't release it to you because you don't have a license to carry. Her license was laid next to his. Reluctantly, the chief opened a desk drawer and removed a custom leather holster with his name and badge tooled into it, inside of it was the 1911 in question.

This 1911 had a short comp on it, larger sights, etc. The holster had to have been custom made for that gun as it wouldn't fit in a normal 1911 fitted holster. He gave it back to her but insisted on keeping the "illegal ammo".

09-14-2008, 04:15 PM	#3 (permalink)
kernelkrink GuncoHolic Join Date: Jun 2004 Posts: 2,740 iTrader: 1 / 100%	Conn state law would apply as to how long they can keep it, best to consult a lawyer in her state. Technically it is evidence if they ever prosecute and they do have to prove they had proper chain of custody for fingerprint and ballistic evidence. Statute of limitations on burglary is usually 3-5 years, beyond that point they no longer need it. That's the legal end of it. Practically, they can keep it forever unless forced to give it back by a court. A friend of mine was in a fatal vehicle accident in a little Podunk town a few miles from here. His wife was the passenger. He was wearing his custom 1911 which the EMTs turned over to the officer responding to the call. Perfectly understandable, secure the firearm with the police until the immediate crisis is over. She had only minor injuries and after the funeral and all the related business was taken care of she went down to the PD and asked for her husband's gun back. She was told that the gun was loaded with "illegal Black Talon bullets" and therefore was contraban and would have to be destroyed. Upset, she did the smart thing and consulted her atty, a former prosecuter. They both went down there and demanded to see the Chief. In his office, he again stated that the gun was illegal due to the "cop killer" bullets in it and would be melted down. Her atty then demanded he cite the law that made Black Talons illegal. He couldn't, because they aren't. He then said he was also carrying without a CCW, and they had to keep the gun. The wife pulled his wallet out of her purse and laid his license on the desk. Then it was, well I can't release it to you because you don't have a license to carry. Her license was laid next to his. Reluctantly, the chief opened a desk drawer and removed a custom leather holster with his name and badge tooled into it, inside of it was the 1911 in question. This 1911 had a short comp on it, larger sights, etc. The holster had to have been custom made for that gun as it wouldn't fit in a normal 1911 fitted holster. He gave it back to her but insisted on keeping the "illegal ammo".