Evidence Locker Destroyed Gun!

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.

Good luck with that.
 
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.

As silly and unlikely to bring any outcome as this sounds, it's actually not a bad idea. To just contact the PD and say "I'll be contacting the BATFE and the DA a week from now if this matter is not resolved" won't cost you anything. However, did I read somewhere in this thread that the person in question no longer has an LTC?
 
As silly and unlikely to bring any outcome as this sounds, it's actually not a bad idea. To just contact the PD and say "I'll be contacting the BATFE and the DA a week from now if this matter is not resolved" won't cost you anything. However, did I read somewhere in this thread that the person in question no longer has an LTC?

"Sorry, sir, we cannot return your Firearm, as you lack a License."

"But you're the people that REVOKED IT !"
 
What is the difference between this, and say a Rolex? They are your property and you have the right to get it back. He could have had a licensed individual pick it up even if he did not have one.
 
Get the case number and ask the District Attorney where the the firearm is that was supposed to be returned to the rightful owner. Then ask the DA and CPAC to conduct an audit of the evidence handling at that police dept, at the same time notify the press that such and such PD is being audited as to evidence handling. Then contact ATF about the missing firearm.

GO BIG OR GO HOME!

This^^^

If you start rattling a few cages, someone's going to cough up something. Even if its a document of destruction, at least that proves its disposition.
 
If he has a LTC or not is irrelevant. The PD could transfer it to the person of his choosing. Its still his property even if he can't lawfully posses it.

One other option if nothing turns up is to sue the PD that recovered it in small claims court. I'm sure the gun is worth less than the limit and no atty fee. The PD had the ability to find the rightful owner, so they had a responsibility to notify that owner. Like someone said, this is no different than if they recover a Rolex.

I think bringing the ATF into things would be an excellent idea.

Don
 
If he has a LTC or not is irrelevant. The PD could transfer it to the person of his choosing. Its still his property even if he can't lawfully posses it.

One other option if nothing turns up is to sue the PD that recovered it in small claims court. I'm sure the gun is worth less than the limit and no atty fee. The PD had the ability to find the rightful owner, so they had a responsibility to notify that owner. Like someone said, this is no different than if they recover a Rolex.

I think bringing the ATF into things would be an excellent idea.

Don

I'd at least call the Boston office and have them log it into their stolen gun listings so if it ever appears on crime scene or an audit somewhere in a boundbook it can be returned. I'm sure they'll ring a few phones to find out where it is in the meantime.
 
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.

This.
Report it stolen...again.
 
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.

(Moot point since it's already been answered, but...)

If he had been paid by the insurance company, then it would be the insurance company's property, and they would be entitled to get it back to mitigate their losses.

No matter who legally owns it, it's not the PD's to destroy.
 
The PD has no legal authority to retain or destroy it.

By law, if confiscated, it must be forwarded to the SP...

MGL 269-10 said:
(e) Upon conviction of a violation of this section, the firearm or other article shall, unless otherwise ordered by the court, be confiscated by the commonwealth. The firearm or article so confiscated shall, by the authority of the written order of the court be forwarded by common carrier to the colonel of the state police, who, upon receipt of the same, shall notify said court or justice thereof. Said colonel may sell or destroy the same, except that any firearm which may not be lawfully sold in the commonwealth shall be destroyed, and in the case of a sale, after paying the cost of forwarding the article, shall pay over the net proceeds to the commonwealth.

More importantly, the court should have ordered its return...

MGL 269-10 said:
(f) The court shall, if the firearm or other article was lost by or stolen from the person lawfully in possession of it, order its return to such person.

General Laws: CHAPTER 269, Section 10
 
Well, there you go.

Great grounds for a small claims action and a dime dropped to the ATF.

Of course, I'd give the PD the opportunity to "find" it by mentioning your planned contact with the ATF. Not a threat. Just said in passing.

Its one thing for a cop to own a gun without paperwork. Its another for him to own a gun thats been reported as stolen to the ATF.

Don
 
You do not want to PO the local PD.

I would contact them, acting somewhat frantic, that I called the ATF and that they DEMANDED I provide full documentation. Can you nice Police Officers help me ?

Give them an OUT.

At least at first.
 
You do not want to PO the local PD.

I would contact them, acting somewhat frantic, that I called the ATF and that they DEMANDED I provide full documentation. Can you nice Police Officers help me ?

Give them an OUT.

At least at first.

What I said above gives them an out. They "find" the gun.

What concerns me is your unwillingness to piss off the PD? Why? Why not out them.

Do you live in fear. Remember, this PD is not the person's local PD. So they have no bearing on future LTC renewals.
The gun was recovered in a different town. So it doesn't even play into someone's fear for their renewal.

I guess we each live our lives differently. I won't shy away from calling a crooked cop crooked. And in fairness, I'm always willing to give cudos and thank a
cop who shows exceptional integrity and professionalism.
 
One other thing. I have first hand experience with applying a bit of pressure. To make a long story short, in 1990 while in college and returning from shooting with my father I was the victim of an illegal arrest by the New Haven PD.

The cops took my guns, including one semi-auto handgun that was the issue sidearm for NHPD detectives. Along with the guns, were 6 mags for the handgun in question. When charges were dismissed (with prejudice) and I went to pick up my guns, my mags were missing. After filing a complaint with internal affairs, they were "found'.

Pressure works.

Don
 
More importantly, the court should have ordered its return...

(f) The court shall, if the firearm or other article was lost by or stolen from the person lawfully in possession of it, order its return to such person.

General Laws: CHAPTER 269, Section 10

Your time would be better spent starting at the court house to see if this order was ever issued. If it wasn't it's the prosecutor's fault, not the PD's.
 
Your time would be better spent starting at the court house to see if this order was ever issued. If it wasn't it's the prosecutor's fault, not the PD's.

The PD was the first in line of custody and has/had at the minimum, the duty to secure the thing and apparently they've failed, its missing. The court doesn't know anything unless and until the PD makes it known to them. In this case, I think its very doubtful that the PD has done that. They don't appear to be cooperative or even concerned with resolution because its their ass on the line for a missing gun.
If it was destroyed, there should be a record of it being disposed of. That is the least they owe the owner for their screwup. If it was stolen, then logging it into the ATF's files as such protects the owner from being hassled in the future if it turns up beside some facedown corpse somewhere.
 
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There is required to be a signed for chain of custody for all evidence, to include the last person to handle it and destroy it. If there is breakdown in a chain of custody then all evidence that is handled by that agency is subject to question as to its verasity. Look at what is going on now with the drug lab.

And a request for the chain of evidence log on this item under the freedom of information act would be my first step.
 
The same thing happened to me a very long time ago. My Colt Ultimate Python .357 mag was stolen and a few years later it was found on an 18 yr old kid. The cop searched him and found it. The court threw out the case for "no probable cause" and released the 18 yr old. When I tried to get my gun back, it took forever just to get any kind of contact or information - when I finally tracked it down, it was ordered by the judge to be destroyed. I asked how he could order my property "destroyed" and was told that the judge could do whatever he deemed to be correct with stolen property. I asked "what if my car were stolen - he could order it destroyed?!" - I was told yes.... WTF??? Never got any documentation, nor did i get any restitution or insurance money for it.
 
In MA we do live in fear.

Our local Police Departments can refuse or revoke our LTC's in a heartbeat.

I'll let the chief know you are willing to felate if he requests.

Read the thread. The town where the gun is missing from is NOT the gun owner's town. This effectively removes the fear of retribution via a LTC revocation.

- - - Updated - - -

The same thing happened to me a very long time ago. My Colt Ultimate Python .357 mag was stolen and a few years later it was found on an 18 yr old kid. The cop searched him and found it. The court threw out the case for "no probable cause" and released the 18 yr old. When I tried to get my gun back, it took forever just to get any kind of contact or information - when I finally tracked it down, it was ordered by the judge to be destroyed. I asked how he could order my property "destroyed" and was told that the judge could do whatever he deemed to be correct with stolen property. I asked "what if my car were stolen - he could order it destroyed?!" - I was told yes.... WTF??? Never got any documentation, nor did i get any restitution or insurance money for it.

small claims court would have been your friend.
 
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