Firearm held as evidence refused to return unless I meet unreasonable demands

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Slimjim

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Hello I'm new to this forum I apologize if this post is in the wrong place and i thank everyone for their time. I'm the owner of a firearm that was used in a crime. I was asleep on my couch with my gun on my coffee table at arms reach had a friend staying over early in the morning before work him and his dad got into an altercation one of them grabbed the gun and in tussle the gun was discharged. The case has ended they no longer need it for evidence I was told I could come pick it up but to do so they have to take a picture of the firearm a picture of myself and a picture of me holding the firearm. I live in missouri here we have laws against the making of a firearms registry and I have not been suspected or convicted of any crime ever it makes me feel very uncomfortable to have to submit to this and from what I can tell this was the sheriffs arbitrary demand not a legal mandate or even police policy. Can anyone tell me whether they can refuse to return my belongings if I don't submit to their demands? Platte county Mo
 
"Unreasonable demands"? SMH

If you want your weapon back quickly, go get your picture take...
If you want a protracted journey which still may end up with you having your snapshot taken, then feel free to contact an attorney who specializes in gun rights. The NRA may be able to help.

ETA: You do realize that you'll be on camera the moment you walk in to the station, right?
 
Hello I'm new to this forum I apologize if this post is in the wrong place and i thank everyone for their time. I'm the owner of a firearm that was used in a crime. I was asleep on my couch with my gun on my coffee table at arms reach had a friend staying over early in the morning before work him and his dad got into an altercation one of them grabbed the gun and in tussle the gun was discharged. The case has ended they no longer need it for evidence I was told I could come pick it up but to do so they have to take a picture of the firearm a picture of myself and a picture of me holding the firearm. I live in missouri here we have laws against the making of a firearms registry and I have not been suspected or convicted of any crime ever it makes me feel very uncomfortable to have to submit to this and from what I can tell this was the sheriffs arbitrary demand not a legal mandate or even police policy. Can anyone tell me whether they can refuse to return my belongings if I don't submit to their demands? Platte county Mo

Why do you think they are putting you on a registry? I do not know why they want to take a picture of you posing with the gun, that seems kind of shady. One time some anti gunner released a master spreadsheet with all CCWs on it, including yours truly. They pulled it down rather quickly when people started to complain. I would politely ask them why they want to do this and then also politely refuse and ask them to give your gun back. If they refuse get a judge to sign off on a release of evidence warrant, and after that they will return you stuff. That is of course as long as the judge is not an anti gun person themselves.

Good Luck with it.
 
I'm making this as a separate post instead so that I can be sure you'll see it.

Another thought I had that may be an important consideration is that you may have, in fact, committed a crime by not safely securing your weapon. I'm not saying that you did at all, but it's a possibility. You may wish to have a chat with a criminal defense attorney prior to retrieving your weapon. It can't hurt and may greatly help.
 
Do you mean you have to provide a picture of you and the firearm or that they will take a picture at the police station?
 
I live in missouri here we have laws against the making of a firearms registry

Whatever those laws are, they certainly don't apply to keeping a record of a gun that passes into police possession due to a gun crime or even a negligent discharge.

You've already put yourself on record as the owner of the gun in whatever police report was made. That's not "registration." Nor is making sure the gun is returned to the rightful owner.

Either go get your picture taken or be prepared to spend lots of money on litigation.

I am a staunch proponent of the Second Amendment and share your "come and take it" philosophy but I'm also a staunch proponent of gun safety. Leaving your handgun on the coffee table while you slept was negligent and stupid and, frankly, you don't deserve to possess firearms if you are going to continue that behavior. People get killed that way, and sometimes it's children.
 
Whatever those laws are, they certainly don't apply to keeping a record of a gun that passes into police possession due to a gun crime or even a negligent discharge.

You've already put yourself on record as the owner of the gun in whatever police report was made. That's not "registration." Nor is making sure the gun is returned to the rightful owner.

Either go get your picture taken or be prepared to spend lots of money on litigation.

I am a staunch proponent of the Second Amendment and share your "come and take it" philosophy but I'm also a staunch proponent of gun safety. Leaving your handgun on the coffee table while you slept was negligent and stupid and, frankly, you don't deserve to possess firearms if you are going to continue that behavior. People get killed that way, and sometimes it's children.

I agree with gun safety and leaving it out is not a bright idea. However, the release of evidence form is pretty straight forward once the case is over and all it requires is a judge signature. Police and Sheriff's department my not like it but who cares what they like. I wouldn't want a picture of me with the gun out there that they show every victim to try and link you to other crimes. The people who commit crimes are general the same type of people who are in law enforcement. I will say that not all are but most are.
 
The people who commit crimes are general the same type of people who are in law enforcement. I will say that not all are but most are.
What an absolutely asinine, idiotic thing to say.
 
I knew that the registry laws did not apply to my circumstance but it's the spirit of those laws which give me pause. To anyone who thinks I was negligent with my firearm you have the right to your opinion but I keep my guns locked up except for my every day carry that I keep with in arms reach when my friends dad started choking him he grabbed it in an attempt to make it stop. I don't know how many of you have been choked but I have I ended up stabbing the person in the hand but I swung back over and over with every intention of stabbing them in the stomach did I want to hurt them definitely not was that person realistically going to choke me to death nah no way but in that moment every fiber of my being was screaming make it stop do whatever you have to do to make it stop blood wasn't getting to my brain so I couldn't make rational decisions I didn't put myself in that situation the one choking me did. To say setting my gun within arms reach on my coffee table when no children were ever going to be present is negligent yes I allowed a friend that I trusted to stay with me so he could get distance from his father who had no right to be in my house. Enough of that I'm fine with being on surveillance video and I'm fine with being on a police report but what does the sheriffs office want with a picture of me holding the firearm do those pictures go in the trash? I doubt it. I know what happens to surveillance video and public court records I have no idea where these pictures are going and what purpose they serve. As for the possibility of me having charges brought against me it's a number very close to 0% the case was years ago I was cleared the first day I know the laws around firearms ownership locally and I know I followed all of them. For people saying I was negligent don't assume my house is the same as yours the people I let in are all capable of handling firearms or they will not have access to them if someone forces there way into my house and attacks someone I allowed to be there I'm proud to have given them an option to protect themselves.
 
I knew that the registry laws did not apply to my circumstance but it's the spirit of those laws which give me pause. To anyone who thinks I was negligent with my firearm you have the right to your opinion but I keep my guns locked up except for my every day carry that I keep with in arms reach when my friends dad started choking him he grabbed it in an attempt to make it stop. I don't know how many of you have been choked but I have I ended up stabbing the person in the hand but I swung back over and over with every intention of stabbing them in the stomach did I want to hurt them definitely not was that person realistically going to choke me to death nah no way but in that moment every fiber of my being was screaming make it stop do whatever you have to do to make it stop blood wasn't getting to my brain so I couldn't make rational decisions I didn't put myself in that situation the one choking me did. To say setting my gun within arms reach on my coffee table when no children were ever going to be present is negligent yes I allowed a friend that I trusted to stay with me so he could get distance from his father who had no right to be in my house. Enough of that I'm fine with being on surveillance video and I'm fine with being on a police report but what does the sheriffs office want with a picture of me holding the firearm do those pictures go in the trash? I doubt it. I know what happens to surveillance video and public court records I have no idea where these pictures are going and what purpose they serve. As for the possibility of me having charges brought against me it's a number very close to 0% the case was years ago I was cleared the first day I know the laws around firearms ownership locally and I know I followed all of them. For people saying I was negligent don't assume my house is the same as yours the people I let in are all capable of handling firearms or they will not have access to them if someone forces there way into my house and attacks someone I allowed to be there I'm proud to have given them an option to protect themselves.

Your choice(s) led to the unintentional discharge of that firearm while it was not in your possession and control. Your attitude towards gun safety is appalling.

With that said...get off your high horse. Your knowledge of the law is as lacking as your respect for gun safety.
 
Enough of that I'm fine with being on surveillance video and I'm fine with being on a police report but what does the sheriffs office want with a picture of me holding the firearm do those pictures go in the trash?

You're lucky. They could make you go through an FFL dealer to get the gun back.
 
What more can be expected from an asinine idiot.

Awe, y'all should get a room.

as far as the OP goes some are cool with asset seizure some are not and some of it just disappears. If the judge in the area is fair and cool, then getting a release of evidence is as easy as getting a signature.
 
Your choice(s) led to the unintentional discharge of that firearm while it was not in your possession and control. Your attitude towards gun safety is appalling.

With that said...get off your high horse. Your knowledge of the law is as lacking as your respect for gun safety.
How would you know about my knowledge of gun laws? My respect for gun safety lacking? Under normal circumstances I sleep in my bed and instead of a coffee table it's a night stand but I gave my bed to my friend and his wife as a king size bed is way more than I need but even if it was on the coffee table every day I live alone And control who comes and who goes I could put a loaded gun in every room. The only risk that would pose is if someone broke the law and entered my house without my permission. I think you are the one on the high horse tell me what rule of gun safety did I brake? The answer is always maintain control of your firearm but there are instances such as a police officer having his gun taken out of his holster where that's impossible. The rules of gun safety aren't as black and white as you might think like the first one you hear always treat the gun as if it's loaded there are plenty of times where it's necessarily to look into the bore of your firearm obviously you first make sure it's in a safe state before doing so and should only be done by someone who knows what they are doing like a gunsmith or a certified armorer. The rules of gun safety are great to live by but reality just doesn't always allow that to happen. Find me a police officer in the world who's never slept with his gun next to him and you'll have found a liar. I think it's your knowledge of firearms is lacking it's great you past a safety course and want to spread awareness but I think you need a little more education or real world experience under your belt before you start preaching.
 
How would you know about my knowledge of gun laws? My respect for gun safety lacking? Under normal circumstances I sleep in my bed and instead of a coffee table it's a night stand but I gave my bed to my friend and his wife as a king size bed is way more than I need but even if it was on the coffee table every day I live alone And control who comes and who goes I could put a loaded gun in every room. The only risk that would pose is if someone broke the law and entered my house without my permission. I think you are the one on the high horse tell me what rule of gun safety did I brake? The answer is always maintain control of your firearm but there are instances such as a police officer having his gun taken out of his holster where that's impossible. The rules of gun safety aren't as black and white as you might think like the first one you hear always treat the gun as if it's loaded there are plenty of times where it's necessarily to look into the bore of your firearm obviously you first make sure it's in a safe state before doing so and should only be done by someone who knows what they are doing like a gunsmith or a certified armorer. The rules of gun safety are great to live by but reality just doesn't always allow that to happen. Find me a police officer in the world who's never slept with his gun next to him and you'll have found a liar. I think it's your knowledge of firearms is lacking it's great you past a safety course and want to spread awareness but I think you need a little more education or real world experience under your belt before you start preaching.

Based on your heated responses here, I suspect that you really ought not have possession of a firearm in the first place.
 
Wow, why are you so high horse about it, most Police carry Glocks and none of them that I am aware of have safeties. I do CC but it is not with one in the chamber. I would have to slide cock the firearm to use it. I am sure that there is more to this story than you are letting on but that is none of our business. Leaving a loaded firearm out in reach of anyone other than yourself is very careless. Would not have been in this situation had you secured the firearm? Correct?

carry on.
 
To those of you who've offered honest advice rather than Monday morning quarterbacking about a day that was very traumatic for me I thank you. In the spirit of the second amendment and fourth amendment (I'm talking about the privacy part don't get your panties in wad I understand the seizure was a reasonable one) I'm going to attempt to file a motion to the judge myself first I'm going to do my best on my own and if I'm unable to properly file a motion myself I'll seek representation. I will be reaching out to the nra and the goa as well as public officials for whatever help I can get or change I can make. Without a satisfactory answer as to what purpose the pictures will serve and where they will be put I will not submit to something like that. I considered going in wearing my come and take it shirt taking the pictures then informing them that I would be selling the firearm to a private individual who's name and info I'm not required to record then I'm going to proceed to buy 2 80% Glock lowers and 2 80% Ar15 lowers and make 2 glocks and 2 ar15s with no serial number or paperwork on their existence all of which is legal to protest. Just as a way to get across how meaningless such a measure really is.
 
To those of you who've offered honest advice rather than Monday morning quarterbacking about a day that was very traumatic for me I thank you. In the spirit of the second amendment and fourth amendment (I'm talking about the privacy part don't get your panties in wad I understand the seizure was a reasonable one) I'm going to attempt to file a motion to the judge myself first I'm going to do my best on my own and if I'm unable to properly file a motion myself I'll seek representation. I will be reaching out to the nra and the goa as well as public officials for whatever help I can get or change I can make. Without a satisfactory answer as to what purpose the pictures will serve and where they will be put I will not submit to something like that. I considered going in wearing my come and take it shirt taking the pictures then informing them that I would be selling the firearm to a private individual who's name and info I'm not required to record then I'm going to proceed to buy 2 80% Glock lowers and 2 80% Ar15 lowers and make 2 glocks and 2 ar15s with no serial number or paperwork on their existence all of which is legal to protest. Just as a way to get across how meaningless such a measure really is.
Yep, now I'm sure of it.
 
To those of you who've offered honest advice rather than Monday morning quarterbacking about a day that was very traumatic for me I thank you. In the spirit of the second amendment and fourth amendment (I'm talking about the privacy part don't get your panties in wad I understand the seizure was a reasonable one) I'm going to attempt to file a motion to the judge myself first I'm going to do my best on my own and if I'm unable to properly file a motion myself I'll seek representation. I will be reaching out to the nra and the goa as well as public officials for whatever help I can get or change I can make. Without a satisfactory answer as to what purpose the pictures will serve and where they will be put I will not submit to something like that. I considered going in wearing my come and take it shirt taking the pictures then informing them that I would be selling the firearm to a private individual who's name and info I'm not required to record then I'm going to proceed to buy 2 80% Glock lowers and 2 80% Ar15 lowers and make 2 glocks and 2 ar15s with no serial number or paperwork on their existence all of which is legal to protest. Just as a way to get across how meaningless such a measure really is.

First, you will need to research local evidence asset release orders from your circuit court that has jurisdiction over the firearm in question. However, hate to break it to you but all FFLs have records of every firearm you or anyone else has purchased over the past 20 years or so. It is no secret but they tend to only be interested in those with high cyclical rates such as your AR, etc. etc.

Funny thing is you use to be able to mail order shotguns and firearms from Sears and Montgomery Wards. We are a long way from those times, and I wonder how much they fret over those? The mid 1960s to mid 80s must have been an awesome time to be alive.
 
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