Question about confiscated pistol

[comawhite12]

Hello,
Sorry if this is in the wrong section. I looked and thought this might be the one.
My question is I had a pistol confiscated by the CC police dept about 2 yrs ago. The situation was not involving myself and I wont go in to all the details, but the root of the problem is this.
There were no charges filed in the matter. I called the department to find out how to reclaim the weapon and was directed to the DA. I spoke to the assistant DA about a year and a half ago and was told the case was being held and could be reopend at any time, and the only way I could get the weapon back was to file charges of unauthorized use of the weapon against the other person.
As it is, there still has been no charges and the case has been dropped.
I have not been contacted by the PD so I am wondering if it has been destroyed or taken.
I explained this scenario to a local officer that is a recent friend of mine and was told they can not hold the weapon any longer if no charges are pending, and I do not have to file any charges to get it back.
Can any one here point me in the correct direction on getting this weapon back?
Any info would be great, and thanks in advance.

 

[Texan2]

The situation was not involving myself and I wont go in to all the details...

And this makes it hard to give you direction...

 

[comawhite12]

I see. Ok.
I had the weapon in our hotel room and left to check out a job site. The other guy had a female of questionable employment come over and allegidly pulled the weapon on her when she would not leave after being caught shooting up in the bathroom.
I got back to the room shortly after the incident. The police came and arrested him and confiscated the weapon. No case has moved foreward because the female could not be located after that evening.

 

[zembonez]

Sounds to me like your buddy just cost you a pistol. I doubt very seriously that you will ever see it again considering the circumstances in which it was confiscated.

Dumb decisions often have serious consequences.

 

[Texan2]

No advice. I would say you have an uphill battle. When a gun is used in a crime, someone uninvolved cant just walk up and claim the gun. I would be more careful where I left my guns..
The fact he hires a hooker is bad...
pulls a gun on her is worse.
I would screen my friends a little better.
Off the top of my head I believe there is a ten year statute of limitations on filing that case.

 

[comawhite12]

Ok. Thought it might be, but as I said I have. Friend who is an officer. He was the one that got me thinking on this again due to what he said.
And this guy was no friend of mine. My office forced me to take him out of town with me. I had strongly objected, but was over ruled. Kind of saw something coming.

 

[Texan2]

Hindsight is always 20/20. You may consider consulting an attorney. The cost may be prohibitive.

 

[Charlie]

Yeah, hire an attorney or just forget about the gun.

 

[comawhite12]

Thanks to all who responded. I'm going to weigh my options. Was a sweet XD.40. So I really don't want to turn it loose.
Thanks agan for the info.

 

[MR Redneck]

And this makes it hard to give you direction...

I agree, and what is CC police?
If you loaned that gun to someone to commission a crime, then your screwed.

 

[Texan2]

I agree, and what is CC police?

Corpus Christi

 

[comawhite12]

Thanks for the CC clarification.
As to loaning the pistol to him, I did not. I live in the McAllen area and travel to Corpus and Laredo pretty frequently. I do not have a concealed carry permit, so I left the pistol in the night stand drawer to go check on a job we were going to do that evening.
I say he pulled it on her because that is what she told the police. whether that is the case is what is in dispute. I would think if the D.A. had enough evidence that a crime was indeed commited then they would have prosecuted him pretty quick. But from what I know now,there has been no charges filed and he is walking free.
I had pretty much written off ever getting it back untill I was informed that they have no reason to continue holding it.
I plan to call the C.C. P.D. on Monday and get some more information on if and how I can get it back.

 

[Nate C]

If you are member of NRA or TSRA, you might be able to get one of their attorneys to write a letter to the agency on your behalf.

Just an idea.

 

[txinvestigator]

if the police cannot locate the victim then they cannot prosecute the guy. They can hold the case open as long as the statute of limitations allows. You can look that up in the Texas Code of Criminal Procedure.

Do you have proof the firearm is yours? WIthout it, I doubt you can ever get it back. They did not take it from you, they took it from your co-worker, so they would need evidence that the property belongs to you.

 

[comawhite12]

Yes, I have the sales receipt with my information and S/N. If they choose to hold it untill the statute of limitations runs out, what are the odds that they actually have the weapon at that time? I know it was mentioned by the officer friend of mine that it may be in the possesion of another officer by now beings it is a good quality newer pistol. I really dont know how accurate that statement would be, but its in the back of my mind now.

 

[okie556]

Yes, I have the sales receipt with my information and S/N. If they choose to hold it untill the statute of limitations runs out, what are the odds that they actually have the weapon at that time? I know it was mentioned by the officer friend of mine that it may be in the possesion of another officer by now beings it is a good quality newer pistol. I really dont know how accurate that statement would be, but its in the back of my mind now.

There is a lot of guys on this forum with 100 times more knowledge of the law than I do.....and they have weighed in with excellent advice already but I have a question. Do you know if this co-worker or ex co-worker has a criminal record that would prohibit him from owning a firearm? As pointed out already the statute of limitations have not run out on this case. I know you want you pistol back but stirring the pot at this point could go bad on you.

 

[MR Redneck]

Yes, I have the sales receipt with my information and S/N. If they choose to hold it untill the statute of limitations runs out, what are the odds that they actually have the weapon at that time? I know it was mentioned by the officer friend of mine that it may be in the possesion of another officer by now beings it is a good quality newer pistol. I really dont know how accurate that statement would be, but its in the back of my mind now.

I dont know how Texas LE handles firearms that were seized during a crime, but I think it would be pretty damn stupid if a Cop made it his own without buying it or something. I really dont know how Texas law disposes of guns, but in Arizona they have to be sold to gun dealers. " No Gun Goes To Wast In Arizona". .
If you have the sales reciept, try giving a copy to the CC police. Tell em you want your stuff back. The cops had one of my guns one time, but they didnt ask me to prove anything. I actually couldnt even if they did ask. They took it off me so they knew where it came from I guess???

 

[Texan2]

what are the odds that they actually have the weapon at that time?

Very good, they dont just sell or give away guns without a court order to do so.

I know it was mentioned by the officer friend of mine that it may be in the possesion of another officer by now beings it is a good quality newer pistol. I really dont know how accurate that statement would be, but its in the back of my mind now.

That would be VERY inaccurate. Officers dont just take guns from evidence just because they like it....i'm not sure where he would even get that idea.

 

[Texasjack]

How does that song go?
"..Like goin' to a lost-and-found in a border town
Askin' 'bout a diamond ring
They just look at you like you lost your mind
Say they haven't seen a thing.."

Good luck to you, but don't count on seeing that pistol again. Corpus is a beautiful area, but overrun with gangs, hookers, and low-lifes. And you can trust the CC police as far as you can throw a piano. Even if you get an order to have it released, don't be surprised if it "disappeared" from the property room.

 

[Outbreak]

I'm no lawyer, and I've never had a gun in the custody of any law enforcement beyond a traffic stop or checking it into an Air Force Armory. So take this for what it is worth.

I know a guy in Arizona who had a gun stolen from his truck, filed a police report and everything that goes along with his truck being broken into. The cops recovered the gun at some point. After a year or so, he wrote off the idea of getting that gun back, and moved on with life (and the rest of his guns). 2-3 years after the theft, the PD called and said he could come pick up his gun.

I would say get an attorney and find out what options you have. Make it known to the PD that the gun in question is yours and you want it back. At the very least they know it's yours and when they go to dispose of it (however TX does that) maybe they'll see your name on the record and give you a call to pick it up, instead of sending it to be melted down.

This makes me wonder about a gun that my buddy found, and we took to the PD. They said it wasn't reported stolen, but wouldn't let us take it home. Might look to see if he can claim it and sell it to me. He's not a gun guy, so wouldn't care, but if I can get a free gun and trade it toward something, why not?