Evidence Locker Destroyed Gun!

[NeverMiss]

So, many years ago, my Brother's guns were stolen. Long story short, one was recovered a few years ago. He was told today that the gun has been "destroyed". Sad. My question would now be, can he "sue" the state for the value of the gun? I mean, yeah it was stolen, but it was still techically HIS.

I wonder if the fact that he let his LTC expire had anything to do with it. The plan was to transfer it to me. Too bad too. It was a nice Smth and Wesson.

 

[bch1988]

IANAL. But that doesn't smell right to me. I'd contact a legal professional.

 

[MrScrewzloose]

Do the ends justify the means, that is, the legal battle vs. worth of the S&W. If so, godspeed.

 

[NeverMiss]

Do the ends justify the means, that is, the legal battle vs. worth of the S&W. If so, godspeed.

Well, yeah, I was thinking that too.

 

[SalemCat]

Call the ATF. ATF.GOV

Explain the situation.

They are supposed to be informed when Firearms go missing.

There is a thread somewhere in this Forum where a similar situation occurred, and the mere mention of an ATF investigation led to the missing Firearm being discovered by that local PD.

I'll try to find that thread.

 

[ivarr]

Bullshit! Most likely in someones private collection.

someone that had access to the evidence room

 

[BostonBullit]

Give Comm2A a jingle....

 

[bawannabuck]

Maybe you can trace the sn# see if its in someones name.Bet a cop has it now.

 

[NeverMiss]

Give Comm2A a jingle....

It may be a lost cause, as his wife thinks guns are icky

 

[WallHack]

I agree with everyone that said start making noise. Shake a few trees, and see what falls out. Depending on what it was, he may get a "oh s**t, it was on this shelf over here all along!"

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[George D]

If it was recovered years ago, why is he just finding out about it now?

 

[WallHack]

Yeah, After the eveidence officer or chief, whichever it may be brings it back from his own home.

That's what I was implying. OP, tell him to go for it all at once: speak to someone as close to the chief as you can manage, maybe your local representatives, Comm2A can't hurt.

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[JohnZ]

I's ask for the remains of the gun to be returned.

 

[NeverMiss]

If it was recovered years ago, why is he just finding out about it now?

Its been a back-and-forth thing...we were dealing with the original PD in the town they were stolen from, and the town they were recovered...

 

[WallHack]

Its been a back-and-forth thing...we were dealing with the original PD in the town they were stolen from, and the town they were recovered...

It'll turn up sooner or later, probably in a dog shooting.

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[NickW85]

Was he compensated for the gun from insurance? If so that would be the only reason for them to have no obligation in returning it.

 

[NeverMiss]

Was he compensated for the gun from insurance? If so that would be the only reason for them to have no obligation in returning it.

No, never claimed it. He was only like 21 when that happened.

 

[Zarathustra11]

As Salemcat stated, call the ATF and notify them. If the gun was in a bonded facility, there must be a way to initiate a claim against whoever was responsible for holding the item. It's also easy for a PD to dismiss the request by saying it's been lost/destroyed, but when you tell them the ATF has been notified of the event and you'll require any related details to include in your notification, the chances get much better that they'll get off their butts and try a little harder to find it.

 

[Tyke]

Ask for the remains of your gun. Surely they would be able to provide them if the evidence locker suddenly turned evil and destroyed it, right? If they won't, get BATFE/lawyers in on it--the gun is the legal property of your brother. They should either have to cough the damn thing up and/or provide just compensation for it. Just because it was evidence does not mean it's no longer your brother's legal property.

Edit: And it's a missing gun. Hit up BATFE and rain the fire down on these idiots who thought they could pull a fast one by claiming the evidence locker ate it. **** them.

 

[WallHack]

As Salemcat stated, call the ATF and notify them. If the gun was in a bonded facility, there must be a way to initiate a claim against whoever was responsible for holding the item. It's also easy for a PD to dismiss the request by saying it's been lost/destroyed, but when you tell them the ATF has been notified of the event and you'll require any related details to include in your notification, the chances get much better that they'll get off their butts and try a little harder to find it.

Personally I'd hesitate to get the federales involved for numerous reasons, but if it turns out that's the best COA, by all means do it

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[M1911]

So, many years ago, my Brother's guns were stolen. Long story short, one was recovered a few years ago. He was told today that the gun has been "destroyed". Sad. My question would now be, can he "sue" the state for the value of the gun?

You can sue anyone for anything. How much was the gun worth? Figure an attorney costs about $200/hr and he isn't going to take a loser of a case like this on contingency. So the cost of even filing such a lawsuit would likely exceed the cost of the gun.

And I suspect that it would get thrown out of court pronto.

 

[Tyke]

You can sue anyone for anything. How much was the gun worth? Figure an attorney costs about $200/hr and he isn't going to take a loser of a case like this on contingency. So the cost of even filing such a lawsuit would likely exceed the cost of the gun.

And I suspect that it would get thrown out of court pronto.

Not being a lawyer...why would his bro's lawsuit get tossed?

 

[pupchow]

If it's about the money (actual cash value), why not pursue a claim in small claims court?

 

[Alex9661]

Maybe you can trace the sn# see if its in someones name.Bet a cop has it now.

You think the current "owner" filed FA10?

 

[gixxer_kid]

Just walk in and mention words like "ATF, DA, investigate, court" then go home and wait for the phone call that says we found your firearm sir.

Sent from my mom's basement. Using Samsung GSIII

 

[MichaelJR]

By evidence locker they mean someones safe....by destroyed they mean the cop who now owns it shoots it once in a while.

 

[SalemCat]

I just can't believe the PD is not required to make a list of firearms they destroy.

(I'm not saying that anyone has suggested that they don't have to make a list.)

If the Police List has marked it as destroyed, that firearm had better not show up again - EVER.

 

[MA_Shooter]

It may be a lost cause, as his wife thinks guns are icky

His wife's feelings shouldn't impact the disposition of his property.

 

[M1911]

Not being a lawyer...why would his bro's lawsuit get tossed?

I'm not a lawyer either. But there are quite often limits on lawsuits government agencies.

Suppose it didn't get tossed. It will likely cost several thousand just to file the lawsuit, let alone pursue it. How much is that gun worth again?

 

[Tyke]

I'm not a lawyer either. But there are quite often limits on lawsuits government agencies.

Suppose it didn't get tossed. It will likely cost several thousand just to file the lawsuit, let alone pursue it. How much is that gun worth again?

I'm not arguing the $ front...but how much is living in a society where the police can't steal from you without penalty worth again? The attitude of "well, gun's not worth that much" is exactly why they are able to pull this shit. All it takes for evil to prevail is that good men do nothing. In this case, the police are evil because they stole the gun in all likelihood (evidence doesn't just "get destroyed" by storage in a locker) and they will prevail because no one is willing to saddle up and call them out on their bullshit and make them pay.