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You'd probably be better off just going Glock shopping. Not only would you get a brand new gun, but you'd find out if the incident is going to cause problems with the 4473.
Law enforcement is becoming more and more about liability, and less and less about actual law enforcement. If the sheriff were to return your gun to you, and you were to commit suicide with it, what do you think he thinks will happen? He's going to be more willing to risk your getting angry at him over a $500 gun that he thinks you'll eventually give up on than potentially face a lawsuit for wrongful death, negligence, etc.
You should keep trying, but do NOT spend any money on a lawyer or anything like that - it'll cost you more than the gun is worth, without any guarantee that you'll even get it back. Keep hounding him, writing letters, do whatever YOU can do on your own through the courts or whatever, but don't count on being successful.
It's the principle of the thing, not about the gun or it's value.
Quote:
Originally Posted by Gungnir
Except that if you don't pony up for a lawyer to retrieve your property, you're implicitly endorsing that the police have the right to steal property that costs less than the price of a lawyer to get back, and it is theft.
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Exactly
Quote:
Originally Posted by Mr. Lee
I suggest that you really need to ask yourself why you made that statement and look deep inside yourself for an answer before ever having a gun around again.
It's been four months, if he really wanted to commit suicide, there are other ways.
Back on May 26th, I told my sister via text that I was feeling suicidal. Of course, I did not mean it.
She told my parents who called the police because I was not answering my phone. Long story short, the local PD sent me to the ER for a psych eval and confiscated my Glock 23. The psychiatrist and social worker both deemed me non-suicidal and I was released. The PD told me I could get my gun back as soon as the Police Chief signed off on it. It is now August 18th and he still has not signed off on it. Do I have a right to berate the Police for not returning my property in a timely manner? Is there anything I can do to get my Glock back ASAP?
It depends upon the state you are in. The best you can do is to hire an attorney well versed in your state in gun rights. Berating LEOs will hinder your efforts more than help them. Have an attorney handle the request in writing.
Quote:
Originally Posted by banger
You threatened to kill yourself and now can't understand why the Police won't return your gun?
In my neck of "the woods" that return would take a court order.
No Chief that I am aware of, would ever return the pistol under those circumstances, without that order...End of story.
What people fail to realize is that actions have consequences.
If you truly want it back, hire an attorney.
If you were serious....get help.
If you were "kidding", it wasn't funny... and.... get help.
When you sent the text, you apparently wanted attention.....Well....Now you've got it.
Congratulations though, very few people in this world actually get what they want.
^^^ Worth repeating^^^
While the OP may no longer be suicidal he may be bipolar or have some other serious mental health issues which need to be addressed.
Anything is possible but even the law allow molesters and career criminals to be released and they collectively commit most of the crimes. So what is differnt here? We don't know the details.
A guy's live-in decided to get even with him and charge he assaulted her with a weapon. immediately he was arrested, guns confiscated and eventually they discoved thru his time card, that he was at work when the alledged assault took place. Oops!
Took forever to get his guns returned and some were very damaged.
In the world of firearms bureaucracy there is as much shared information as there is for a dying patient when the pulonary guy fails to talk to the cardio guy who fails to talk to the kidney guy who fails to talk to the pulmony guy.
Each level has their own interpretation of written laws that depend on interpretation of whoever is in charge at any given time. No one will risk an attempt to interpet the law as the consequences are too severe and enforcement and prosecution too quixiotic. As a result we all suffer the consequences.
No opinion on the OPs situation but it raises the issue of laws that seem plain enough but are so interpretive they hold everyone hostage.
JOHNRAIN, just seems to me the simplest thing to do is to go down and get the records from the ER, wherein the professionals there wrote you were not suicidal and released you. Then just write out a nice request to the Chief of Police about getting your firearm back, send a copy of the hospital records, and ask him there's anything else you need to provide or do, and where and when should you go to get your gun back. I mean, too much implication is being made over a policeman saying the Chief would need to sign off on it. The ball is simply in your court now, so you need to respectfully and properly request to get your property back.
If the Police Chief writes back (or his secretary) and explains you cannot have it back because their policy is not to return weapons confiscated on a suicide call, then you can AGAIN politely reply by saying, then, would there be anything wrong with you buying a new gun anywhere? In other words, are you forever restricted on owning a firearm? While you may not be considered a "psych case" or whatever wording is proper there, it could be this particular Police Department just keeps weapons like this as a routine, but that this doesn't become a nationwide ban on you owning weapons; but I think it would be a good point to clarify as a reply to any denial to you of retrieving the weapon, and may in fact get your property back as a result of making a second inquiry along those lines.
And by all means, if the gun has personal significance, mention this sort of thing without going over the top when you write the Chief of Police. Also, could be writing directly to the Chief isn't the way to do it; rather could be you need to go down to their offices, letter and hospital records in hand, and tell them you were told the Police Chief needed to sign off on you getting your gun back, and you've brought a letter and hospital records for the Chief to have. Right then, they could tell you, "Oh, you've got to also fill out this Form A and Form B, you can attach that stuff onto it, and turn it in over there at that desk." Might save you a little back-and-forth with the letter writing. I just simply do not take the policeman telling you the Chief had to sign off on it as being any kind of, "No, you can't have it." See, it's locked up and no policeman is going to just be able to go and get it for you just because you ask for it. It's out of his hands, altho looks like he could have told you to go down to the station and follow whatever procedures are needed to get confiscated items back.
Go down to the local police station and ask them why it has not been returned. If you don't get a satisfactory answer, ask for an appointment to see the police chief and talk with him. Ask him why he hasn't signed off on it. Be polite, but be direct. Remember, he can hold it as long as he wants.
Sometimes the County Sheriff can be of help if the city police don't cooperate.
My nephew gave the same threat. His parents took his gun. For some insane reason they gave it back, and 4 months later he shot and killed himself. He was 26, and my sister never forgave herself. While I agree if someone wants to commit suicide, they'll find a way, if you own a gun and have said you're going to shoot yourself, that gun should be talken away forever. Thats because whoever gives it back will have to live with the guilt if they do kill themselves with it. Its just a unfair burden to put on someone. Sorry Op, but thats my opinion.
If you were drunk too then plan on AA classes etc. I have a co-worker who had to go through hell to get his guns back after a drunk rambling talk with a neighbor. It cost him big bucks but he has a freakin aresenal so it was worth it.
Except that if you don't pony up for a lawyer to retrieve your property, you're implicitly endorsing that the police have the right to steal property that costs less than the price of a lawyer to get back, and it is theft.
Perhaps, but not everything boils down to right vs. wrong, or principles. If the choice is $2k+ in legal fees with no guarantee of success, or $500 for a new gun, I'm going with the new gun.
Quote:
Originally Posted by Gungnir
On Liability, if the police are not liable for events such as Warren vs. DC, I very much doubt that they'd be liable for someone killing themselves with their own property that had been lawfully returned.
Doesn't matter. Wrongful death suits are expensive to defend. The cost of the trial is what he'd be looking at, not just the outcome.
Perhaps, but not everything boils down to right vs. wrong, or principles. If the choice is $2k+ in legal fees with no guarantee of success, or $500 for a new gun, I'm going with the new gun.
Which is symptomatic of the problem, if you consider something is wrong and do nothing about it, then regardless of your principles you're condoning that action. Most legal actions I've taken haven't amounted to more than $500 in costs (including a lawyer), the price of legal advice and court action is seriously overstated. In most cases $500 is small claims and will cost a filing fee of between $15 to $150 (depending on the claimed value it's scaled), then legal costs, which are not likely to be that high or even can be nothing other than the plaintiffs time.
Quote:
Originally Posted by swagger
Doesn't matter. Wrongful death suits are expensive to defend. The cost of the trial is what he'd be looking at, not just the outcome.
Who do you think would be defending? Perhaps the District Attorney? Who is already paid for by the district, and it would take all of 20 minutes to get the case dismissed. The DA requests dismissal under precedent of Warren vs. DC (no right to individual protection by government services) and DeShaney vs. Winnebago County (defining who has special relationships to the police). Then it's up to the plaintiffs to present evidence that either the deceased did have a right to individual protection, or did have a special relationship or the case fails. I don't know a lawyer who would even be prepared to take this kind of case unless they were angling to overturn the precedents. It's hardly a "wrongful death" suit of the kind in industry, or from personal negligence, this is well trodden ground.
Back on May 26th, I told my sister via text that I was feeling suicidal. Of course, I did not mean it.
She told my parents who called the police because I was not answering my phone. Long story short, the local PD sent me to the ER for a psych eval and confiscated my Glock 23. The psychiatrist and social worker both deemed me non-suicidal and I was released. The PD told me I could get my gun back as soon as the Police Chief signed off on it. It is now August 18th and he still has not signed off on it. Do I have a right to berate the Police for not returning my property in a timely manner? Is there anything I can do to get my Glock back ASAP?
I think MoGal has given the best advice so far - get a lawyer to write a letter. If you don't want to pay for that, and this could be pretty reasonably priced, then asking for an appointment to see the Chief in person is probably the next best idea IMHO.
You didn't ask about this, but I would suggest you break contact with your sister and your parents over this. Cut them out of your life permanently. They have already caused you more trouble than they should over a lifetime.
You don't say where you live but I'm gussing it's a Peoples Republic type of state. I'd move on out of there, leaving no forwarding address for your no good relatives. Get a job first of course.
I'm assuming you are not living with your parents still...
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