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Trying to get Kimber back from Harris County Sheriff

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  • Duncan.45

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    Nov 21, 2009
    34
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    houston
    In August I rent a Uhaul drive from 290 to Maxey rd to pick up the biggest one available. Of course I get there and they don't have my truck well I am put off to say the least.

    So as I am telling them how I feel about it one was dropped off. My luck is looking up, they rush through their inspection/ air tires whatever.

    Before the Uhaul store is out of sight Im getting pulled over. Im really confused as to why the officer is pointing his gun at me and throwing me on the ground.

    Anyway my uhaul truck was just involved in a crime prior to being returned to uhaul. To top it off there is cocaine in the ashtray. God is teaching me I should have been nicer to the guys at uhaul I decide.

    Well they of course take my Kimber Im just glad now they didn't shoot me. The truck was used in an attempted atm theft...

    Well I bond out go to court and of course the case is dismissed eventually. So it cost me several thousand dollars for bond and a lawyer and now I still haven't got my gun back.

    Lawyer told me to get a letter of disposition and go pick it up. Well property officer told me I need a "motion to restore property" or "order to restore property" signed by the judge in the case.

    I have searched and searched the web for this form a free one I am broker than I have been in well ever. Can anyone help me with this form and how would I go about getting it signed by the judge if I do find one?

    I don't know anything about our legal system other than I have no desire to be involved in it again. I want my kimber back and thought when the case was dismissed they would give it to me.

    While getting the letter of disposition the clerk asked me if it was a nice gun and I said "yes, real nice". She said I will never see it again the sheriffs took it if they liked it.

    That can't be true, can it? After this fiasco with the paperwork in my hand I have lost a lot of faith in our justice system. I paid for a good lawyer and when he presented the facts to the da the da wanted to dismiss the felony and give me a misdemeanor for a prescription of amoxicyllin(antibiotics), and it had my name on it!

    I pray none of you have been through anything similar but might be able to offer advice on how to proceed. I just want my gun! It is mine I bought it new.
    DK Firearms
     

    Libertarian_Longhorn

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    Apr 28, 2009
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    Holy Shit. Unfortunately, I have no good advice on the form, but we have an extremely adept guy on here by the name of texasinvestigator. Give him a PM. I feel for you, I can see myself getting wrapped up into some BS like this.
     

    F350-6

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    May 25, 2009
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    And I thought I had bad luck. I can't offer any help but I'm sure others will be able to.
     

    1rightguy

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    Mar 25, 2009
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    To add insult to injury, a gun taken into police custody is normally initialed (marked) by the arresting officer. Meaning I bet he scratched his name on your Kimber.
     

    cuate

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    Jan 27, 2009
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    Comanche Co., Texas
    I wish you luck & success getting your Kimber back. As Judges and Leos come, they range from terrific to mediocre, and then on down. The larger the city
    the more of each....I apologize for being biased but a rural crossroads sometimes seems too overpopulated...Old Gringo Loner
     

    Duncan.45

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    Nov 21, 2009
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    houston
    Thanks for all your support and well wishes.

    TXinvestigator- I did ask the clerk and she said she didn't have the form. I then asked her where I could procure one and she said "that would be legal advice".

    I tried to rephrase my question but she told me she didn't have anymore time to spare me. I got about 9 seconds of her time.

    Thanks
     

    Texas1911

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    May 29, 2017
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    Austin, TX
    Damn man, talk about life taking a dump on you.

    I hope you get your stuff back. You might consider calling Sean Cody, I'm not sure if he deals in this sort of law, but he might have a good referral for you.

    I got a laugh out of the misdemeanor for prescription antibiotics, because I know of all those junkies out there shooting up amoxicyllin.
     

    drj3828

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    Mar 4, 2008
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    Grimes County, TX
    If you are a member of the NRA contact the legal department. I did this back in the mid 80's because I had a pistol taken from me by a LEO in NE Texas. All I can say is a world of hurt came down on a department!
     

    Duncan.45

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    Nov 21, 2009
    34
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    houston
    If you are a member of the NRA contact the legal department. I did this back in the mid 80's because I had a pistol taken from me by a LEO in NE Texas. All I can say is a world of hurt came down on a department!

    Never thought about that thanks. I've been a member of the NRA for over 20 years.

    My lawyer was kind enough to help me put a form together today. I found one made changes and got him to proof it and make a couple of corrections.

    I still don't know how to go about getting it signed, waiting on my lawyer to reply.

    Guess I will just show up at court with it and ask the judge to sign. I do work a full time job so I don't have much time to run to court and back.

    Thanks again everyone for you well wishes and help.
     

    TxEMTP69

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    Feb 17, 2009
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    Rockport
    wowser... good luck, and might look into a prepaid legal set-up. My wife are talking over it and will probably join one. I think there was a thread on here about, I'll try to link it if I can.
     

    Duncan.45

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    Nov 21, 2009
    34
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    houston
    I went down to the court house this morning and filed the motion with the clerk unfortunantely the judge wasn't there to sign it.

    She'll be back Monday get her signature and I should be able to pick my kimber up according to my lawyer and the clerk.
     

    Duncan.45

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    Nov 21, 2009
    34
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    houston
    Well several trips to the court house and learning legalese, so I could write motions and orders yes there is a difference, paid off.

    Got my Kimber back Friday!

    I was a bit worried because I didn't being the serial number I didn't realize this until I was on Lockwood at the couties storage. All the officer did was show me the gun and said identify the serial # if its yours.

    So I said yes mam that's my serial # and away I went. Thank all of you for your help and advice. Greatly appreciated in my time of need.

    If you can see the pictures thats just silver marker on the slide and mag came right off with a little acetone.

    Thanks again
     
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