Anchorite
Professional
I don't think one can put a price tag like that on a life. Carry what you feel comfortable with, I always say. Comfortable in using, and comfortable in losing.
Do You Get Your Gun Back Or Not?
- Thread starter SCraig
- Start date
Old_Me
Emissary
i "wonder if", its not only help the LEO is asking for, but perhaps a witness to ensure the gun was made safe from any ammo still in the chamber..??
HayesGreener
SAINT
This. Chances you will ever need to use it are extremely low. But if you do need it, you need it very badly. So my advice is, carry a pistol that is dead nuts reliable, and that you train with and can hit with. I have no qualms about carrying a $1800 pistol that I train with regularly and have confidence in. If you are in the right you will probably get the gun back. If you are in the wrong, getting the gun back is the least of your worries.
Florida law requires that unless it is required as evidence or forfeiture, the gun must be returned within 30 days with proof of ownership. Likewise if charges are dropped or you are acquitted, the gun must be returned
Lo-Profile
Custom
Had a incident in South Phoenix about 15 years ago ..... Took 8 months to get my Sig Sauer EDC back from Sheriff Joe's office. After the DA's office ruled it justified
Biggfoot44
Professional
In my county , the States Attorney office has a 75 year hold on any firearm involved in a death .
Otherwise , the primary LE Agency for the county has a policy for any firearm ( including recovered stolen property ) . Notified by Registered Mail with a deadline to respond . In my dealings , the deadlines were less than 72 hours of recieving the Registered mail . Failure to respond within deadline , is considered surrendering for destruction .
Upon initial responding , you don't get anything back . You are designating your intent to seek return , and you will eventually be scheduled for an informal Hearing . Again , one minute late for scheduled time , is surrendering for destruction .
If the gun had been taken from you by an Ofc , that Ofc conducts Hearing . If recovered after lost or stolen , or enough years have passed the Org Ofc no longer with Dept , Hearing conducted by Head of Property Department . The standard is " Do they Feel Comfortable giving you a Gun " .
For recovered lost or stolen , probably Yes . If it was confiscated directly from you , whatever reason that triggered the initial confiscated will probably be invoced as reason to not return . At which point , you are welcome to Sue .
For 1 or 2 guns , lawyer fees are more than costs of replacements .
A friend / fellow 2A Advocate once had a situiation where vindictive chesting GF SWAT'ed him in revenge for dumping her . He was never charged , and cleared in the investigation . ( Different county from me , but similar anti gun attitudes )
Predictably , they did not wish to return his collection . He sued , and got ( the origonal ) Court Order . The Dept kept stalling , claiming administrative delays , " don't call us , we'll call you " .
Had to keep going back to Court to get additional Orders , ordering the Dept to comply with First Order .
Eventually , over two years later , got his collection back . Objectively , the legal fees exceeded the value , plus all the days off from work for Court . But it was a matter of principle for him .
( There's another adjacent horror story , but rambled enough already . )
Otherwise , the primary LE Agency for the county has a policy for any firearm ( including recovered stolen property ) . Notified by Registered Mail with a deadline to respond . In my dealings , the deadlines were less than 72 hours of recieving the Registered mail . Failure to respond within deadline , is considered surrendering for destruction .
Upon initial responding , you don't get anything back . You are designating your intent to seek return , and you will eventually be scheduled for an informal Hearing . Again , one minute late for scheduled time , is surrendering for destruction .
If the gun had been taken from you by an Ofc , that Ofc conducts Hearing . If recovered after lost or stolen , or enough years have passed the Org Ofc no longer with Dept , Hearing conducted by Head of Property Department . The standard is " Do they Feel Comfortable giving you a Gun " .
For recovered lost or stolen , probably Yes . If it was confiscated directly from you , whatever reason that triggered the initial confiscated will probably be invoced as reason to not return . At which point , you are welcome to Sue .
For 1 or 2 guns , lawyer fees are more than costs of replacements .
A friend / fellow 2A Advocate once had a situiation where vindictive chesting GF SWAT'ed him in revenge for dumping her . He was never charged , and cleared in the investigation . ( Different county from me , but similar anti gun attitudes )
Predictably , they did not wish to return his collection . He sued , and got ( the origonal ) Court Order . The Dept kept stalling , claiming administrative delays , " don't call us , we'll call you " .
Had to keep going back to Court to get additional Orders , ordering the Dept to comply with First Order .
Eventually , over two years later , got his collection back . Objectively , the legal fees exceeded the value , plus all the days off from work for Court . But it was a matter of principle for him .
( There's another adjacent horror story , but rambled enough already . )
You are absolutely right, and strange as it sounds I think that might have been the question I should have asked.
I would once again like to thank everyone for their comments. Any forum is only as good as its members and this one tends to have some good ones that I've seen so far. I used to frequent another forum and finally just quit posting because everything I posted turned into page after page of arguments among members. Thanks to all for keeping this one reasonable and useful.
