How do I get my shotgun back?

[Laru845]

As far as I know they only have to hold it one year. As stated if it’s an active case being held for evidence they can’t or won’t destroy it but I’m guessing it wasn’t vouchered for evidence against you?
My local police say 1 year to hold it but most times it takes around 2 years for things to settle out so they consider it destroys me after that. Is this common or is this more of a courtesy by my department? I just went through this with a friend so I know the 1 year thing to be NYS policy according to my local PD. They also said they never destroy the guns and they just sit forever in evidence. They have some guns there from 15-20 years ago.

I was charged so I guess it was “evidence”. I read that after the case is settled. You have 1 year to get it. The case was settled on April so it’s been 8 months.

 

[Saltwater60]

Yes I been respectful all the times I been to the police department. I was really innocent so it’s not fair getting a new hobby taken away from me. I felt in love with the shooting range and gun smoke. I called them this morning, the guy sounded really nice and told me that there will be nobody today in the evidences room. He asked me if I had a DA release letter and I said yes. He said tomorrow there will be someone in the evidence room all day. And thanks for the wishes.

So is that a tomorrow you’ll get your gun back? Sounded kind of like it to me?

 

[Saltwater60]

I was charged so I guess it was “evidence”. I read that after the case is settled. You have 1 year to get it. The case was settled on April so it’s been 8 months.

I forgot the original charges but yes it sounds like for menacing and possession it would be evidence.

 

[Laru845]

So is that a tomorrow you’ll get your gun back? Sounded kind of like it to me?

Yes hopefully

 

[Jmac00]

Yes I been respectful all the times I been to the police department. I was really innocent so it’s not fair getting a new hobby taken away from me. I felt in love with the shooting range and gun smoke. I called them this morning, the guy sounded really nice and told me that there will be nobody today in the evidences room. He asked me if I had a DA release letter and I said yes. He said tomorrow there will be someone in the evidence room all day. And thanks for the wishes.

really, you actually think someone will be in the evidence room all day, the SATURDAY before Christmas? If I were you, I'd get there at 9am and see if someone is actually there. Just to be safe, I'd also bring along a gun case AND trigger lock, that way the can't say "here ya go....oh wait, no trigger lock, nothing to carry it in? sorry come back next week with all that shit and you can have your gun"

 

[ManualF150]

Yeah, I'd go buy another case and trigger lock. Can't go wrong with having extra cases and locks.

It would make more of a presence coming in with paperwork, a lock, and a full on case. Though I don't know if I'd bring the case in, but what I would do is call with your intentions and write down the name who you spoke with; even record the conversation on your phone if you have an app just so there is no confusion or misunderstanding. Just some thoughts. Do it how you think you should do it.

 

[Rocpo]

as long as it's been an active case, they can't destroy private property. And they obviously know the courts have released the property to you, so destroying your property at this point would put the PD in hot water

This is incorrect. We only know the property has been released upon presentation of the DA's release form.
Contrary to popular belief, PD/DA do NOT regularly communicate.

Last ADA I dealt with got told off rather abruptly and not so politely.

 

[Jmac00]

This is incorrect. We only know the property has been released upon presentation of the DA's release form.
Contrary to popular belief, PD/DA do NOT regularly communicate.

Last ADA I dealt with got told off rather abruptly and not so politely.

things change, back in the 70's I had a Honda CB350 stolen. so I went bought another bike, a Honda 500T. about 2 years later I got a call from the RPD Property clerk and said " why have you not picked up your motorcycle?" I said what bike. he said the 350 was at Murray's collision, its been in storage for 2 years and they need to get it off there books? I said, why didn't anyone call me 18 months ago, he said they were supposed to, he didn't know why they didn't.
So i went to Murry's to collect my bike, he said I owed him $1200 for storage? I said, fuck it keep the damn thing ( It was trashed due to Murray piling about 200 old tires on top of it. ) when I got home the DA had left a message. He said he took care of the storage issue, and to go get the bike. When I got back, Murray had unburied the stupid thing and left it lying on its side in the driveway. For some reason he was pissed at me, and told me to get that piece of shit off his property. I said, why are you mad at me, of course its because he lost all that "storage money" I told him he can KMA, and I left with the bike in the back of a buddies pick-up truck. I called the DA the next day and asked why it took so long, he was as baffled as everyone else and he said, all they need was a few pictures of it for the case, and he was genuinely surprised they didn't either compact it, or sell it? we both agreed it was probably to bone the city for storage fees. But, as far as the property clerk was concerned it was till an ongoing case, thats why I figured they won't destroy the gun.

 

[JunkBoxFull]

@Laru845
My hats off to you sir! You fight like hell, and don`t you give them an inch! Bless you for fighting this so hard.
I wish there were more fighters instead of whiners in NY state. My fingers are crossed for you. I hope you get YOUR property back real soon.

 

[Laru845]

I forgot the original charges but yes it sounds like for menacing and possession it would be evidence.

Imagine I go tomorrow and they got rid of it

@Laru845
My hats off to you sir! You fight like hell, and don`t you give them an inch! Bless you for fighting this so hard.
I wish there were more fighters instead of whiners in NY state. My fingers are crossed for you. I hope you get YOUR property back real soon.

thank you so much, it means a lot.

 

[Laru845]

Yeah, I'd go buy another case and trigger lock. Can't go wrong with having extra cases and locks.

It would make more of a presence coming in with paperwork, a lock, and a full on case. Though I don't know if I'd bring the case in, but what I would do is call with your intentions and write down the name who you spoke with; even record the conversation on your phone if you have an app just so there is no confusion or misunderstanding. Just some thoughts. Do it how you think you should do it.

I’m listening, tried to buy a lock today but the stores were closed. Couldn’t go early because I was with my sons. And tomorrow I’m planning to go early.

 

[GOYABEAN]

Every time a bell rings a gun owner gets their legally owned firearm back after the man and it's tyrannical henchman paid by our tax dollars run us thru the ringer and back the system needs a purging

 

[Acer-m14]

NYSP don't believe in safe storage and trigger locks so why should anyone else .

see ..

 

[Saltwater60]

I’m listening, tried to buy a lock today but the stores were closed. Couldn’t go early because I was with my sons. And tomorrow I’m planning to go early.

Make sure there isn’t a travel ban because last time my county executive said it’s a misdemeanor and anyone violating it would be arrested. Be some funny shit if you went there to pick it up and you were allowed to get it but you got arrested for driving there.

 

[S&W Fan]

Make sure there isn’t a travel ban because last time my county executive said it’s a misdemeanor and anyone violating it would be arrested. Be some funny shit if you went there to pick it up and you were allowed to get it but you got arrested for driving there.

Who the hell are they that they can decree when and where you travel about? FUCK THEM !

 

[Acer-m14]

Who the hell are they that they can decree when and where you travel about? FUCK THEM !

who the hell are they that can decree what i do with my life Also ..

 

[Doc8404]

I just talked to my lawyer. He said that he has another client who’s trying to get his handgun and his father’s rifle back. My lawyer said that he sees no way on getting them back because they just ignore everything request, letter etc.. he told me I would have to bring the Supreme Court into it and that it will cost me thousands of dollars. But still I might just do it.

Get a new lawyer.

 

[Bustedknees]

You should have been documenting every single phone call and in person conversation from the beginning with names and dates. let the court see what you've done and what they are not doing.

 

[Laru845]

Make sure there isn’t a travel ban because last time my county executive said it’s a misdemeanor and anyone violating it would be arrested. Be some funny shit if you went there to pick it up and you were allowed to get it but you got arrested for driving there.

I went out the country while the case was ongoing. My lawyer said I can do that. I had the tickets bought before the incident happened.

 

[nortatoga]

Even a Felon has the right to get compensation for firearms, They can not just be destroyed as some think.

Henderson v. United States​

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[Laru845]

You should have been documenting every single phone call and in person conversation from the beginning with names and dates. let the court see what you've done and what they are not doing.

I just called and they told me they wouldn’t be able to release it today. They asked me for my mobile and case number and my name. They said they will call me next week. This is frustrating I can see what they are doing. Yes I gotta start recording every phone call.

 

[MuttCat]

When does this course of conduct by the pd qualify as theft?

 

[Saltwater60]

Who the hell are they that they can decree when and where you travel about? FUCK THEM !

I agree but that’s what’s happening by me. It’s so horrible by me I doubt I’d love walking around my block right now. I’ll bet it would take me two hours to walk around my block right now. It’s 16 right now and feels like negative two. I just went to go back in my house after tossing something on my grill and my hand literally froze to the door handle.

 

[Saltwater60]

I went out the country while the case was ongoing. My lawyer said I can do that. I had the tickets bought before the incident happened.

Sorry I meant a travel ban to the police station today. There’s a horrible storm right now by me and there’s a travel ban. It’s the worst storm/blizzard I have ever seen. It’s terrible out right now.

 

[Saltwater60]

I just called and they told me they wouldn’t be able to release it today. They asked me for my mobile and case number and my name. They said they will call me next week. This is frustrating I can see what they are doing. Yes I gotta start recording every phone call.

Document that and what was said. You will never get the call or you’ll get a call at 10:30am Wednesday and you will have to be there within minutes before the assholes leaves. Sorry you’re going through this.

 

[Laru845]

Document that and what was said. You will never get the call or you’ll get a call at 10:30am Wednesday and you will have to be there within minutes before the assholes leaves. Sorry you’re going through

Little update: I called this morning and they told me I could go after 3, got there at 4PM. An officer told me I gotta wait for the sergeant to get back from vacation. He said it will be back at the end of this week or worst case scenario Jan 3rd. Told me he gotta wait for the sergeant to tell him if he’s ok with releasing the shotgun. I picked up a trigger lock and had all my papers ready.

 

[Jmac00]

Little update: I called this morning and they told me I could go after 3, got there at 4PM. An officer told me I gotta wait for the sergeant to get back from vacation. He said it will be back at the end of this week or worst case scenario Jan 3rd. Told me he gotta wait for the sergeant to tell him if he’s ok with releasing the shotgun. I picked up a trigger lock and had all my papers ready.

TOLD YA SO, LOL what did I win,

 

[Saltwater60]

Little update: I called this morning and they told me I could go after 3, got there at 4PM. An officer told me I gotta wait for the sergeant to get back from vacation. He said it will be back at the end of this week or worst case scenario Jan 3rd. Told me he gotta wait for the sergeant to tell him if he’s ok with releasing the shotgun. I picked up a trigger lock and had all my papers ready.

So you had to drive there to be told that? I hope you’re keeping track of the mileage to charge them.

 

[ManualF150]

TBH, right now is probably the worst time... although, I know people say it's HIS property.

I've found that in a lot of departments, there is a LOT of miscommunication, he/said, she/said type stuff and no one actually knows what's going on except for maybe one or two higher ups if that. It's amazing that things even get done, or done correctly. So I wouldn't doubt it at this point.

Wait till the 3rd and then work with them and post back.

 

[GOYABEAN]

Little update: I called this morning and they told me I could go after 3, got there at 4PM. An officer told me I gotta wait for the sergeant to get back from vacation. He said it will be back at the end of this week or worst case scenario Jan 3rd. Told me he gotta wait for the sergeant to tell him if he’s ok with releasing the shotgun. I picked up a trigger lock and had all my papers ready.

Update what they'll tell you next time! Sergeant died while on vacation got eating by a Great White Shark swimming at the Marriott Express salt water pool after recovering from the kung flu virus