Question about LE duties on firearm recovery

[Nathan_G]

Several years back I was a victim of a home break in. The intruders stole my entire gun collection($20,000+). A police report was filed with all serial numbers of the firearms that were stolen. Many of the firearms were recovered by the sheriff's department where I was living. They informed me that they needed to hold on to the weapons as evidence until charges were filed and the subject in question was convicted. I kept on the sheriff department about this issue where they lost the report, so I went and filled out another report. Still no charges were filed on the subject that had sold my firearms, time went on and they lost the report again, this happened several times ( I filled out a report for the same incident 5 times as they lost the report). Now statute of limitations has went into effect and still no charges have ever been filed on the individual, also the sheriff's department can not find my firearms. I had a very long list of firearms stolen and now they have vanished. The current sheriff of the county say's that he isn't responsible for the firearms nor for the subject not getting charged, however; he was the on in office when the last 3 or 4 reports were filled out. I also noted on the replacement reports where my firearms were recovered and nothing was done. The sheriff on the county say's he is done with it and none of it is his responsibility.

My question is when he took over the office of the preceding sheriff didn't the responsibilities of the case goto him? Also does anyone know what kind of legal action's can be taken on the sheriff's department as a result of this and there knowledge and never prosecuting and also who is responsible for my firearms that were recovered by them and now they can't seem to find them?

 

[bob16066]

Keep trying. But. You're Never gonna get your firearms back. Some cops have already added your firearms to their collections or are keeping them as a throwdown weapon. You know: in case they shoot someone who is unarmed.

People are gonna give me a hard time for bashing Law Enforcement. But. Keep in mind that Cops and the criminals they chase have the same psychological profile. It is what it is. Nobody else want the job.

I once had a drunk knock on my motel door with a shotgun in his hands insisting I was doing his wife. Long story short: the local law confiscated my .44 (no I didn't have to shoot the guy).

When they finally decided I was telling the truth, and they released me the next day, I asked for my pistol back. They insisted I didn't have a pistol when they arrested me and I couldn't convince them otherwise. Realizing I was never gonna get it back I decided to cut my losses.

Never pick a fight you can't win! Oh well. It coulda been worse.

 

[Psyk00diver]

i think i would contact a lawyer and see if you can go after the SD, because they have a chain of evidance log for your weapons. also ask to speak with the IA dept.

 

[Treo]

Honestly ? Give it up as Bob16066 said those guns are sitting in some cop's gunsafe and will never be seen by you again.

Better to invest you your time and effort ensuring the guns you have now are safely stored

 

[JSDinTexas]

Yeah, you haven't figured it out yet?

"I filled out a report for the same incident 5 times as they lost the report" - this means you can fill out 100 reports and they'll loose every one of them.
"no charges have ever been filed on the individual" - this means the deal was cut with 'the individual' and the sheriff let him have one or two of the guns to sell and keep quiet.
"The current sheriff of the county say's that he isn't responsible" - this means he wish you would go away and quit bothering him.
"I had a very long list of firearms stolen and now they have vanished" - this means everyone involved got some new toys

It may be time to wake up and smell the police.

 

[Nightmare45]

No receipt for firearm on my property means no release of firearm, as noted a chain of evidence should exist.

 

[Nathan_G]

I have went to the local newspaper with this and it is going to be exposed to all this week. I have found out that there have been many complaints about this sheriff's department and the way that they handle investigations. They are currently being looked in by the State Attorney General's office for corrupt behavior with the way that investigations and crimes have been handled. There are reports showing a increase in crime in the county in question by 97%. Depending who you are then is determined by the sheriff's department about your release.

 

[averagejoe]

Keep us informed Nathan I will really be curious how this one turnes out. You might want to watch your back also. If they are as corupt as it sounds they may well do everything they can to make your life miserable. Most LEO I don't think are like that but the ones that are sure has hell give the rest of them a black eye. BE CAREFUL!

 

[Psyk00diver]

I hope you have all your seriel numbers to your stolen guns, so if it comes out that they have done things wrong, you can have all of the dept. personel guns seriel numbers checked agenst yours.

 

[Nathan_G]

Will do Joe, I don't mind sturring up the stink with this agency as I do not live in there jurisdiction any more, nor do I have to go through there jurisdiction at any time, unless on buisness and if I do I carry more power than they do.

As for the seriel numbers I do have them as well and since I could not trust that agency I took them to another agency where I have pull and had them to enter them. From what I was told they did not appear to have been entered before.

 

[Treo]

So you say the corrupt LEO's should just get a pass?

If there's nothing you can do , there's nothing you can do. How do you suggest this guy gets past the Good Ol' Boy Club that's covering the cops that actually have his guns?

 

[Treo]

You don't have to call the cops on the cops, you can call the FBI on the cops if they are engaged in misconduct.

How is that not callling the cops on the cops?

 

[Treo]

Because they are the FBI.

Which is simply another type of cop

 

[tbell6]

What State?

Ohio has a law allowing recover of gun (or value?) and the cost of lawyer if necessary. In practice sometimes more then one request may be necessary; i.e. if fire arm was involved in shooting or law director feels gun(s) were not adaquately secured.

None of us want stolen weapons in the hands of those that should not have them.

If inquiry to States Attorney general does not not get resolution then your local sheriff office and personel need the FBI's attention.

 

[wjh2657]

Passed this one on to my JAG buddies in the State Guard.

Consensus:

While many states have laws on the book stating that LEAs can return weapons, none have statutes stating that LEAs must return weapons. You must file legal action, which means that your lawyer buddy is about to make a lot of money and you still may or may not get your guns back.

Consensus:

Be nice to the LEA people and if , out of the kindness of their hearts, they decide to give your weapons back you must have receipts or bill of sales for each weapon you pick up to show legal ownership. It is possible you may get them back.

However, they can just declare that your case is still open and claim to be keeping the weapons as evidence.

Consensus:

You are going to have to buy new guns!