Firearm seizure related to protective order (Baltimore County)

survivorRob · Nov 25, 2015

I am sure this has been discussed here but I could not find anything by searching, so I apologize in advance.

The low down is this. My friend called me last week to ask about how to get his guns back after a temporary protective order was rescinded by a Judge in Baltimore County. His crazy ex made all kinds of outlandish charges against him, got his guns taken away, but a Judge heard the case and threw it all out last week. I told him to call the Baltimore Co. Police headquarters. He called and was told to fax the Judge's order and "wait for someone to contact you."

He got tired of waiting and called today. He spoke to someone there who received his fax that showed the protective order was rescinded. She told him it was a "two week process" to get his firearms back and that multiple people need to sign off on it. He was confused because at this point, they really have no right to keep his firearms. Then she drops a bombshell on him and tells him that his weapons were test fired "to make sure they work." He had a brand new shotgun that had never been fired before and was not happy to hear that.

My questions: Is it legal for them to hold these firearms for weeks after a protective order has been rescinded? Is it legal for them to "test fire" weapons that don't belong to them? Can his lawyer get them released sooner?

Thanks for any advice.

jmiller320 · Nov 25, 2015

I'm sure all the forum lawyers will all pop in on this.

SRD · Nov 25, 2015

Best for him to talk with his lawyer.

Here's what I know from experience (AA county) with a RO/PO;LE does not always take the guns;if they do,they can give them right back once the order is rescinded;they also can make it take awhile by claiming they need to "check" you out but not with a 4473? and then give them back.Ask the lawyer.

gamer_jim · Nov 25, 2015

Tell your friend to get a lawyer.

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BeoBill · Nov 25, 2015

That "test fire" thing really sounds like somebody in the Evidence Room was having some fun with them at the range, and could be the prelude to "They were lost and/or accidentally destroyed. So sorry."

Then again, I'm suspicious by nature.

mcbruzdzinski · Nov 26, 2015

Get a lawyer. Been there, done that, and have the cancelled checks for lawyers fee!

vinjet700 · Nov 26, 2015

sounds like they wanted a couple of slugs for the db.... :tinfoil:

definitely a lawyer....

daNattyFatty · Nov 26, 2015

He needs to speak with the officer that actually took possession of the firearms, whether your friend turned them in at a precinct desk or officer(s) responded to your friend's home. They have to complete checks to ensure that your friend isn't prohibited. From that point, the officer fills out release paperwork and forwards it to the evidence unit. Your friend, when notified by the evidence unit, then responds to hq to pick them up.

If the process is taking longer than your friend would like, then contact a lawyer.

Brooklyn · Nov 26, 2015

vinjet700 said:
sounds like they wanted a couple of slugs for the db....
definitely a lawyer....

Balistic tests. You may have a case for unlawful search.

nerfherder · Nov 26, 2015

I'm no lawyer, but as former LE I know all PD's live in fear of legal action against them. Have a lawyer ask for them on letterhead.

survivorRob · Nov 26, 2015

Thanks for the replies. He has a pretty good lawyer already from his on going custody battle with his psycho ex, and I think he's going to have him send a letter to the police headquarters tomorrow.

And yes I suspect they were just having some fun with his stuff too. His shotgun was a brand new FN SLP tactical. Not sure about the other firearms, I think a Glock and maybe another rifle.

Devil Dog · Nov 26, 2015

Had to fire them to make sure they work? WTF? Sounds like somebody was having some fun with his gats is all.

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zoostation · Nov 26, 2015

Yes they can hold the firearms for a reasonable amount of time while they process the returns. It is probably a policy there to test fire everything, believe it or not the people who handle these things get pretty sick of dealing with other people's guns all day long and don't test fire them for fun. I always thought it was wrong to routinely test fire guns without the owner's permission, especially if they might be unfired post-factory. At least one county has stopped doing this for this very reason.

I would just have his lawyer call a supervisor if he feels he isn't getting a good response. Two weeks is actually very short compared to most places. When I signed off on returns for a different county we moved as fast as possible for people and we were always more like 3 to 4, and we were the exception not the rule. In many places it can be 3 or 4 months, or in the city sometimes never.

paxfish · Nov 27, 2015

Why do they care if a gun works or not? There is no risk in assuming they all work....

Why take on the risk of firing something in an unknown condition?

llkoolkeg · Nov 27, 2015

Perhaps they want to make sure none of the semi-autos work too well, e.g. class III...that or maybe they are busy adding up U.S. made parts on their compliance abacus.

Biggfoot44 · Nov 27, 2015

While PD may have an aversion to legal action , citizen seeking return is far from their biggest concern. Their biggest fear is if they "give a gun to" someone and any time in the future they misuse it , they will be sued for a zillion $ by future victims.

gabe72 · Nov 27, 2015

llkoolkeg said:
Perhaps they want to make sure none of the semi-autos work too well, e.g. class III...that or maybe they are busy adding up U.S. made parts on their compliance abacus.

I do beleive this is what they are looking, as they dont test drivea vehicle or motorcycle after its been impounded.

Straightshooter · Nov 27, 2015

If you've ever dealt with Balt Co gun squad, you would know this is their normal stall tactic. F&%k them, lawyer up.

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Name Taken · Nov 27, 2015

Biggfoot44 said:
While PD may have an aversion to legal action , citizen seeking return is far from their biggest concern. Their biggest fear is if they "give a gun to" someone and any time in the future they misuse it , they will be sued for a zillion $ by future victims.

The department/county/city has the legal staff on hand to handle any routine call, letter, or demand from an attorney.

They do not have the zillions on hand to settle a civil case for returning a firearm that shouldn't have been returned. This is their main concern...not a letter of intent or a civil filing from an attorney to return the firearm.

AssMan · Nov 27, 2015

Just another way men get screwed. And your friend will no doubt benefit from a lifetime of delays.

Firearm seizure related to protective order (Baltimore County)

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