STOLEN WEAPON QUESTION.

[4thIDvet]

My sisters house gets broken into in Connecticut. Among the items stolen were two pistols. One of which was recovered and turned over to the police dept. in the town where the break in took place.
The .45 cal weapon was given too my niece after her father had passed away. She is 31 with no criminal record. The serial numbers came back to her father, who is deceased, so my niece was contacted by the investigating officers who said the weapon .45 was recovered and in there possesion.
Now after 7 months they are refusing to give the weapon back to my niece saying, "It is an ongoing investigation, you cannot have the weapon."
When her dad passed away the police had handed her the weapon, among other personal items. So they knew she was in posession of it legally.
The value of the weapon is unknown. Other than it was passed down through the family and was in my brother in laws name as a licensed CCW.
My question is how long can the police keep the weapon? My sister is going to call them tonight and try one more time before I call and read them the riot act.
This is not a matter of money. My niece wants her LEGALLY owned weapon back.

[moleman]

Did the police arrest someone and they are using the gun as evidence for a trial? If thats the case they'll want to hold onto it until the trial is over and that could be a while. I'd have your sister call and talk to whoever's name is listed as the officer who placed the gun into evidence and get a direct answer from him. Ask them if it was your car that got stolen (and not your legally owned gun) would they still be holding it? When that doesn't work ask to speak to his supervisor and the police chief, let them know that you will be having four family attorney contact the judge handling the case to have your property returned.

[kernelkrink]

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".

[THEPALADIN]

The only thing you can do is get a good "atty". In some areas PC police policy seem to be "creating" laws. Note please the lost guns of New Orlenes. One a gun gets into the police hands they often can keep it no matter what, even if the law is against them, they just do it. For example, guns are registered, not people. It is legal in most states to gibe a family member a gun as a gift, but if the police come into it, you'll often hear different until you get a lawyer.

So my advice, get a lawyer.

[1biggun]

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.

YEA THE PRICK WANTED IT FOR HIMSELF. IVE SEEN AND ALSO HEARD OF A FEW COPS WHO ALWAYS SEEM TO HAVE A NEWLY BUILT 45 AUTO WITH ALL MATHING COLT OR OTHER PARTS THROWN ONTO A CHEAP ESSEX OR OTHER AFTERMARKET FRAME BASICALY A STOLEN OR CONSFICATED GUN THAT NEVER GETS TURNED IN AND REFRAMED.

IF THERE IS NO PENDING TRIAL I WOULD TRY TO BE FIRM AND DEMAND IT BACK IF THAT DOINT WORK GET AN ATTORNEY. AT LEAST SHE CAN PROVE OWNERSHIP AS IT HAS A PAPER TRAIL. MANY OLDER GUNS THAT WERE NEVER REGISTERD NEVER SEEM TO FIND THERE WAY BACK HOME. i RECALL A CASE OF A STOLEN 45 LONG COLT THAT WAS WORTH ABOUT $5000 AND SINCE IT WAS NEVER REGISTERD AS IT WAS A 100 YEARS OLD THE OWNER COULD NOT PROVE OWNER SHIP. i BET IT DIDNT GET MELTED SOME COP OR DA HAS IT.

[4thIDvet]

Just got off the phone with the Detective from Conn.
Real nice guy. Turns out the stolen weapon is a 9mm S&W. It is being held in New Haven as evidence in another robbery and stolen weapons case.
If I want to pursue the weapon to be returned I can ask the N.H. police to take picts. of it and all the other vitals. It would then be returned to my niece.
The Officer asked me to leave it be, so they can use it at the trial to really nail the scum bag involved with the stolen weapon charge among other charges. I agreed.
He promised the weapon would be returned when the trial or whatever is over. Sounds fair to me.
I guess the jerk found in possesion of the stolen weapon won't give up who he got the stolen weapon from, fearing repercussions.
I told the Detective, in Florida if you are caught with a stolen weapon it is "Armed Robbery." You are armed and robbing. He said he wished they had the same law in Connecticut.

[1biggun]

Hope it works out.

[4thIDvet]

Originally Posted by 1biggun

Hope it works out.

This gets better. They know who the guy is that started the whole process with the break in. A father and son team.
The father has a small home repair business. He has his kid 21 cutting lawns.
His little angel gets friendly with the homeowners and asks to use the bathroom. Bingo, he is in the door.
They try to find single women or the elderly like my sister. Conversation begins with "Oh would you know anyone who can fix this or that?" Sure my dad does that stuff. Dad never shows up but the kid does a quick case of the house.
Within a week your house is hit. Good teamwork. They send the kid or part of there crew in to do the deed. Pros. Gloves, get rid of the shoes they wore, they must watch C.S.I..
They must have the few involved scared to death, cause they will not roll over on the team leaders.
The Detective knows all my old school friends and running mates up there. I told him a couple of the young robbery crew, I think, lives a few house away from my sister. He said were watching them. I said so am I.
They were all playing football in the street and I went out to talk to them with my water pistol in hand. I asked the young man if he would toss it up in the air for me so I could see how accurate my water pistol was.
Said these things make a hell of a mess when they hit a knee cap.
Now they wave to me when I drove by them.
Sorry about the long story. I could sense the Detectives frustration.
The odds are in the criminals favor. The cops want to make arrests but proving the case in court is another matter.
Edit. I asked the Detective if he wanted me to come back up and see if the kids father could fly down a set of stairs. "That would be a shame, but I will do the paperwork."

[PuppyChow]

Originally Posted by kernelkrink

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.

makes you feel all warm and fuzzy when you hear or think the words.........to protect and serve................doesn't it

[soldier615]

4th, sorry to hear about your sister's break in. Believe me, it sucks to come home and find that mess. At least the cop's have someone in custody and a lead. That's more than the cops have for my break in after almost 6 months and the scumbags that did mine were amatuers -- probably drug addict teenagers.