Question:
How can I get my gun back from the Police?
Jenny L
2009-05-28 09:52:47 UTC
A "friend" of mine was storing a gun for me, at her boyfriends house in his gun safe. She decided to take the gun to the police dept and give it to them without telling me. How can I get my gun back? And if I'm unable to do so, can I sue his homeowners insurance for the replacement cost of the gun?
22 answers:
Jerry H
2009-05-29 19:58:41 UTC
If you have the original purchase paperwork, receipts, etc., or the gun is specifically named in the divorce decree, or you have some other way to prove the gun is yours, there are probably a few options.



First, you can charge your "friend" with theft, explain the situation to the police and see what they're willing to do for you (and to her).



If that doesn't work, or even if it does, you can file a Writ of Replevin with the Court. In this context, that's the property equivalent of a Writ of Habeas Corpus. The form may be available on line at the Texas state web site, or you can contact the Clerk of the Court for procedures. That should force the police to return it to you.



Worst case, if the police claim the gun has already been destroyed, you can sue your "friend" in Small Claims Court.



Remember, all this assumes you can prove the gun was yours to start with. If you can't, I think you're out of luck.
anonymous
2016-02-29 07:00:38 UTC
m1ssx_26's answer was good but only partially correct. Yes, just like an ordinary citizen, police officers wouldn't stand much of a chance facing an armed assailant if they were unarmed. The reason guns are carried in general are to provide options. For police officers specifically, when enforcing laws there are times when stopping or subduing an individual becomes necessary, sometimes terminally. That is why the police have guns.
John
2016-01-09 17:19:57 UTC
I gave a new in the box 22 revolver 18 years ago for his birthday. I purchased it in North Carolina legally with a buyers permit from a gun shop. My father has had the gun for 18 years in the box never shot. My brother is living with him and with out him knowing it was selling drugs from his house and got busted by the police. When they come to search my fathers home. My brother give them any thing they were looking for and my father told them that he had the gun and that it was a gift from me 18 years ago. They took the gun and told him they had to take it and run it through the system. My father lives in New Jersey and I live in North Carolina. How do I go about getting the gun back being it would come up registered as far as the FBI or State of NC can see to me. Would it come up to the police in NJ that it is infarct registered to me legally in the state of North Carolina 18 years ago. And Can I get it back being my brother at the time I gave it to my father was only 9 years old and is now 29 and did not have any thing to do with the gun. How can I get it back.
anonymous
2009-05-28 09:59:13 UTC
go to the police and talk to the about it and when you talk to them be nice and calm and tell them everything that happened and why she was storing the gun and all that if you have proof the gun is yours bring that. Then if you can not get the gun back talk to them about what you should do next. Just keep in mind the nicer you are with the police the nicer they will be to you.
Barry auh2o
2009-05-28 10:08:27 UTC
Chances are, your gun has long been melted down for scrap,

Why didn't you buy a safe to store the gun in.? If you decide to sue, that would be the first question you are asked.
wayfaroutthere
2009-05-28 09:58:44 UTC
You can go to the police and tell them the situation (but make sure you didn't break any laws first--I don't think you did, but some states are crazy). I don't see how you have a suit against his homeowner's insurance--the gun wasn't stolen from his house. You could sue your "friend", but that's about it.
roseeee212
2009-05-28 09:57:24 UTC
if she was storing the gun for you why would she take it to the police that doesn't even make sense. i guess you could go to the police but trust me, they're gonna think your story is stupid and you have some mental issues.
?
2009-05-28 09:57:31 UTC
As long as the gun hasn't been used in any crimes, you should be able to go to the police station and ask them. A lot depends on where you are.
anonymous
2009-05-28 09:57:11 UTC
If it's your gun and you can prove it.....that is if it's yours legally file a police report...it's obvious this chick stole your gun out of the safe....good luck
anonymous
2009-05-28 10:05:10 UTC
you can try to get the gun back...you probably won't have a case for suing, but you could talk to the court and see...if you can prove the gun was yours (with paperwork) and you can prove she turned it in without your permission, then there may be criminal charges that could be brought against her...for instance, was she given something in return for the gun? If so, she could be charged with obtaining goods under false pretenses (or a similar charge, depending on where you live), since she knew the gun wasn't legally hers to get rid of...best to go to the police dept ASAP and talk to them before it is destroyed.



the homeowners policy isn't going to cover the weapon...it may or may not would cover it if it was stolen, but it isn't going to cover her "selling" it or "donating" it...or whatever she was doing.



never leave your weapon anywhere...there is so much that can go wrong with that...
anonymous
2009-05-28 09:57:15 UTC
Was it registered to you ?...if not then there is nothing you can do and no way to prove it was yours...



I found this out the hard way when my firearms were stolen...





You make a good case for requiring gun registration....
anonymous
2009-05-28 10:01:06 UTC
Buy another gun, and run in their barrels blazing on fully automatic... take your gun, and now you have 2 guns. No police to take your second.
anonymous
2009-05-28 09:56:20 UTC
What the hell?!?



If the gun is legally yours just go to the police department with your license.
anonymous
2009-05-28 09:55:53 UTC
File a police report. She just committed grand larceny.
Sweety
2009-05-28 09:58:10 UTC
Ya u shud go to the police deparment with ur gun lisence. n gt ur gun back....its dat simple...
?
2017-04-09 12:26:55 UTC
For Legal Advise I visit this website where you can find all the solutions. http://personalfinancesolutions.info/index.html?src=5YAWds13tGY73fDG1



RE :How can I get my gun back from the Police?

A "friend" of mine was storing a gun for me, at her boyfriends house in his gun safe. She decided to take the gun to the police dept and give it to them without telling me. How can I get my gun back? And if I'm unable to do so, can I sue his homeowners insurance for the replacement cost of the gun?

Update: we live in tx...u don't have to register guns here...

Update 2: the gun belonged to my ex-husband but was awarded to me in our divorce decree...

I have many emails stating that the gun is my property and that she was storing it for me. she got mad at me and took it there, why? guess she's just a *****. she never even told me she was gonna do it. i found out 9 months after she took it there.

Update 3: I have asked the police dept for a report...she did give me a report number..so waiting on that.

Update 4: Her boyfriend was storing it for me, b/c I no longer had a place of my own and he had a gun safe. It was at his house with his other guns that should be insured with his homeowners.

Update 5: I was in between homes, and had no decent place to leave the gun. She offered to store it for me at her boyfriends in his gun safe. We had a fight, and now she has rid herself of the gun. We got in a fight. Seriously, its a $1500 gun, not a sweater I left at her house. Its important to me b/c it is protection. I am a renter, so I guess I can try on my renters insurance, but somehow, I would think that there has to be some liability to her or her boyfriend since they agreed to store it for me without an agreement and nothing in exchange. She said she was "tired" of storing it and that is why she got rid of it.

Update 6: So, I found out the PD does NOT have my gun...she won't tell me what she's done with it....how can I get it back from her now? Or how can I get replacement cost of the gun?

2 following 21 answers
?
2009-05-28 11:34:32 UTC
If the gun is important to you document why.



Get records of sale with serial numbers if possible.



Get records of all needed gun permits, for all those in possession of the gun you the safe owner and girl.



Get written letters of agreement for storage and handling from same.



Get written permission from those parties for the return of said gun, and written expressions that nobody is expected to suffer in any way from said gun's return to you. In other words, limit the liability of said police department in returning said gun to you. Do not leave them wondering why you were not handed the gun yourself. Explain this, fully.



If you cannot adequately explain why a dangerous firearm was not left with you, but rather them, you will likely never see said lethal weapon again. The liability is simply too great for them to responsibly ignore.



And then appeal to the officer in charge of that situation in person at a slow time in his day. He will not want to be trusting of you; his liability is high.



Should he give you a gun and anything happen to that gun with that gun or because of that gun his career might well be toast.



Tell him of any other guns you may have especially those of near similar charactoristics to the estranged gun. In other words show there is no increase in liability to the citizenry should the gun be returned.



If the gun still is not returned ask for a reason, in writing.



If the reason is that they told the girl it would be seen as a gift to the police department then I would actually consider three options: 1.) your house insurance, if his does not like your suit or goes after the girl (after all she seems to have been your friend even if you cannot see this, now, as she did try to make arrangements to protect your interests) 2.) small claims court (again against the police department) unless the gun is too very valuable and in that case why no insurance on this gun? 3.) a higher authority in the policing of firearms. It might well be that the firearm was not properly and legally transfered in ownership.



Even a gift does indeed need some doccumentation in some instances.



Actually ask to speak to the police department's supervising authority or it's retained attorney, in writing before civil case is innitiated.



In some cases there is no protocal for the handling of such cases in some police departments. After all, they are not a storage locker for private property.



I can see that your friend did indeed protect your interests in some respects. Nobody can fault you in a death from said lethal weapon, for instance. That is why you left the gun with her in the first place.



Evidently for what she did there was reason in her mind (and you yourself chose this mind to be the mind responsible for your property ~ a lethal weapon ~ I see no reason to fault your choice, you present no evidence she made a bad choice given her circumstances then).



Of course she did not satisfy your every whim. But your every whim is not the issue here, the greater good is. and even for you leaving your gun with the police offers you no increase in liability.



Liability in matters concerning lethal weapons can be in the millions.



Loss of a few dollars replacement cost is literally nothing compared to that.



You offer no evidence of a monetary arrangement to compensate her in any way for her increased risk in storing your arm, thus demonstrate no refered financial ability to provide for other arrangements that might have satisfied your own implied need to differ liability.



You yourself set by implication the minimum requirements for storage. You cannot then expect her to lower those requirements. Nor if you have not provided for contengencies can you expect her to do so. Gun clubs do background checks before issueing lockers even when they do issue lockers. She might not have been able to wait. And the locker at the bus depot or YMCA simply is not as safe as your implied requirement for reduction of your liability.



You knew situations can change, that is why you wanted your gun in a gun locker rather than a locker at the YMCA. Because you knew a gun left out on the street might get used to kill someone, you got secure storage.



She lost the ability for some reason to assure secure storage. I think you know that.



I think if YOUR insurance company is reasonable they will see you acted in their best interests, and give you your due ~ providing you: 1.) listed this gun as an asset if required by your home insurance 2.) did not get a decrease in your insurance based on the presence of said gun in your home, proper. After all, your acrtions decreased rather than increased thier liability.



And if they are worth thier salt they will not try and lay off this expense on the girl, who also acted in thier best interests, as well as yours.



His insurance company is not as liable as they 1.) might not know he had the gun and thus not have charged him for it 2.) might see this
anonymous
2009-05-28 17:56:58 UTC
Why do you even need a gun? You crazy Texans...
anonymous
2009-05-28 09:55:54 UTC
If you had it registered in your name then you should be able to. If it's unmarked and illegal then you're SOL.
anonymous
2009-05-28 09:57:06 UTC
u can just ask police or tickle them that u want your gun back lol sorry for the tickling joke .................ha ha
anonymous
2009-05-28 09:56:02 UTC
just tell the police you'll shoot them if they don't give you the gun
Jill L
2009-05-28 09:57:15 UTC
wow your dumb.

you CANT get it back.

i guarantee.

you might be able to sue him, but your definititely not getting it back.


This content was originally posted on Y! Answers, a Q&A website that shut down in 2021.
Loading...