RED TAPE TO RETRIEVE A FIREARM?

[jsm7977]

Does anyone KNOW, what "official procedures" will be had to go thru to retrieve a hunting rifle from Balt County police that was being held for "safe keeping" until a court date was over that is now over, what type of delay tactics to expect, red tape, etc?

 

[Mooseman]

It would probably be better for your sanity just to buy a new one.

 

[NateIU10]

Does anyone KNOW, what "official procedures" will be had to go thru to retrieve a small caliber rifle from Balt County police that was being held for "safe keeping" until a court date was over that is now over, what type of delay tactics to expect, red tape, etc?

Did they provide you an inventory receipt? The procedure is sometimes listed on the inventory. Have you called to ask? They should have a departmental procedure.

 

[jsm7977]

have called four times over a month. Apparently THE officer that took the firearm must start the process. NO returned calls. Drove 30 mins to the station that's out of county for me as well and was told the same thing, there were procedures but they didn't explain what those were, asked for a sergeant on duty and was told THE officers sergeant must be contacted and was given his info as well as was told it would take a "long time". wtf....

 

[Applehd]

If the court date is over and all is well in your favor... you should be getting a letter from the BCPD to retrieve your property... that is, if it were booked into evidence. I picked up my property at the HQ building in Towson that was being held as evidence. I guess it would be the same procedure. I'm just speaking from my personal experience... I am sure someone will jump on and tell you it's another way...

I just saw another post... just reminded me...contact the officer and have him submit a request to the evidence dept.

 

[jsm7977]

as far as an inventory receipt? NO. Only the guns serial number placed on original report with the wordage being held for safekeeping only and the officers word we could have it back a month after the case was over.

 

[jsm7977]

It wasn't held as evidence. Safekeeping was the wordage used.

 

[jsm7977]

LOL... like I said, Ive contacted him FOUR times over the period of a month and he wont return my calls.

 

[fred333]

Contact the MD Attorney General's office (located at the MD State Police HQ) and ask them what the policy is: (410)653-4228

 

[Applehd]

Certified letters work wonders. Chain of command? I might try... "If the Officer does not return to my call, I shall report this as a gun theft."

 

[NateIU10]

Send them a demand letter via certified mail, preferably on law firm letterhead. They seem to care that way.

 

[coopermania]

Call the County Asst States Attorneys Offfice and give them the the case numbers, They should give you release paperwork that the case is over and your property is no longer needed. My shop was broken into in St Marys Co a few years ago and that was the process I went through. Dealing with the Sheriffs Dept was not a happy time for me trying to get stolen firearms back. It was the Sheriffs Dept that did not want to give back any firearms back to the rightful owner. Good Luck.

 

[MDFF2008]

Certified letter, if nothing, file a write of mandamus against the Baltimore county police.

http://en.wikipedia.org/wiki/Mandamus#State_courts

 

[Name Taken]

Certified letters work wonders. Chain of command? I might try... "If the Officer does not return to my call, I shall report this as a gun theft."

Yeah good luck with that.

The certified letter is likely a safe bet if phone calls aren't being returned. Honestly the best thing to do is call his current assignment and ask when he is scheduled to work next. Whenever that is call THEN during his shift and ask to speak with his supervisor. This should likely get the ball rolling.

There's about 30 minutes worth of paperwork that needs to be submitted and another unit will do the same 30 minutes worth of paperwork to make sure you are able to get the firearm back. Then you will be contacted via phone or mail to pick it up but the officer must complete the "release" paperwork first.

If you get STONED walled after speaking with his supervisor the next step is to email the Precinct Commander. If you go to BCOPD's website you can find out the email or phone # for the commander. I wouldn't bother contacting them until you have the dates and times and names of who you spoke with and haven't got help yet. If you haven't been getting names and dates well then start.

If all else fails....time to call a lawyer.

 

[Name Taken]

Certified letter, if nothing, file a write of mandamus against the state police.

http://en.wikipedia.org/wiki/Mandamus#State_courts

The state police do not have his firearm.

 

[jsm7977]

alot of great info gentleman. Thank you. We are calling the sergeant tomorrow during the officers shift to see what he says. If the phone call isn't returned, I was thinking to do the chain of command. The lieutenant, captain, etc? Im thinking maybe after that the only option is to contact them registered mail via an attorney. What a friggin mess man... Am I surprised though? Nope, not in the California of the east coast.

 

[MDFF2008]

The state police do not have his firearm.

Then file against BCoPD.

 

[NateIU10]

alot of great info gentleman. Thank you. We are calling the sergeant tomorrow during the officers shift to see what he says. If the phone call isn't returned, I was thinking to do the chain of command. The lieutenant, captain, etc? Im thinking maybe after that the only option is to contact them registered mail via an attorney. What a friggin mess man... Am I surprised though? Nope, not in the California of the east coast.

Shoot me a PM if that ends up occurring. I hope you get them back relatively painlessly.

 

[Inigoes]

alot of great info gentleman. Thank you. We are calling the sergeant tomorrow during the officers shift to see what he says. If the phone call isn't returned, I was thinking to do the chain of command. The lieutenant, captain, etc? Im thinking maybe after that the only option is to contact them registered mail via an attorney. What a friggin mess man... Am I surprised though? Nope, not in the California of the east coast.

If they continue giving you the run around, go to the state's attorney and have a letter drafted to return your property.

The next step would be to spend $50 and sue the pd to return the firearm(s)

 

[CharlieFoxtrot]

I dealt with this problem many times for clients. Except for local (Frederick) agencies where I have contacts, it's not worth dicking around. Go to District Court in the county where the PD is located and file for a writ of replevin. Name the police chief. It costs $40 IIRC. That will get results.