Getting guns back from the court system?

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  • JADSCOOP

    Well-Known Member
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    Feb 28, 2010
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    First a little history
    I had 17 guns and my gun safe stolen a few years back. One of the guns had a suppressor attached. The ATF got involved at that point.
    (I am not or do I want this to end up being a bashing or hating on the ATF. The agent that handled this case was and is an excellent investigator. Very professional)
    One of the two thieves where caught with almost half of the 17 guns stolen.

    This is what I need help with.
    The ATF agent has informed me that he has asked the attorney handling the case to return the guns back to me that have been recovered. The attorney has not responded to his request to release my guns back to me.
    What do I need to do or what can I do to get the guns released from the prosecuting attorney?
    The information I have is:

    -The thief’s name
    -The other charges and convictions the thief has been convicted of and sentenced to; not related to gun theft charges.

    The information I need:
    -The court and judge handling the gun theft charges only.
    -The prosecutor name
    -What it takes to get my guns back

    I would prefer not to post any names of the people involved in this issue on the forum.

    If you can help please private message me and I may be willing to give more information that way

    Looking forward to y’alls support.
     

    AustinBR

    Make your own luck
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    Oct 22, 2012
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    It may be helpful to notate which part of the state you are in. We might have attorneys or LEOs in the specific area that could offer more insight.
     

    SouthernUnderGod

    Well-Known Member
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    Nov 28, 2016
    202
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    Baton Rouge, LA
    I feel your pain. I am trying to get a gun back right now as well. It was stolen with two others from my vehicle in December 2015. Some time later a convicted felon was having a routine investigation for parole purposes and was found to have it.

    I know it wasn’t the crime of the century but it hasn’t gotten much attention. I found out that one of the serial numbers was entered into NCIS wrong. Also, one of the pistols that was taken was NOT in the system and the one that was not taken was in the system as stolen. I’m glad that was cleared up because if I had to show it to a LEO I could have been arrested for having a stolen firearm, my own.

    The whole process has been infuriating. Incredible amounts of changes have happened such as the prosecutor being charged twice and the victim coordinator getting fired.

    The felon has been in jail for 2 years while his case keeps getting continued.

    This is a family heirloom not a “gangsta” piece. It’s a serial number in the low hundreds out of a million (first year made.) I have fears and nightmares about the scenes you see on TV - like being cut with a welding torch, melted down, dumped in the ocean or being absconded by a someone in the legal system seeking a “trial victory memento.”

    I’m going to be calling the DA’s office ONCE AGAIN today and hope not to get stuck in voicemail hell. If this doesn’t work, I am going to contact the judge.


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    JADSCOOP

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    Feb 28, 2010
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    The guns and safe where stolen out of Mississippi.The thief was arrested in Texas. He was sent back to Louisiana. New Orleans first. He was held on kidnapping and rape charges. He has since been convicted and sentenced in New Orleans on the kidnapping and rape. Then he was turned over to Jefferson Parish for kidnapping and assault charges. From what I understand. He plead guilty. Not sure if he has been sentenced in Jefferson parish yet.
    As far as I know. The thief is back in New Orleans serving his time.
    I live live in Jefferson Parish. Mississippi is a weekend getaway and hunting location
     

    340six

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    Apr 12, 2012
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    Kenner, La
    My 2 were recovered by JPSO when a Felon tried to sell them. He served 24 months of 10 years. He plea bargained for 10. He was out with a PO when he had them from New Orleans. So he sat while the trial So whole 24 months. Anyway the guns were in Gun Jail for 16 Months as used as evadance. And some. It took a call the Captain Samrow to put fire under the DA. Then it was just weeks.
     

    JADSCOOP

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    Feb 28, 2010
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    While I was making my last post. The ATF agent contacted me back. He informed me that his supervisor was handling the case while he was deployed elsewhere. He is in route back to Louisiana and will contact me tomorrow with the most current information on the case.
    I will cross my fingers that this case is settled. The ATF agent has been easy to work with. The safe was returned to me almost a year ago. He said if the case is settled or they do not need the guns. He will collect them from Baton Rouge and return them to me.
     

    Emperor

    Seriously Misunderstood!
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    11   0   0
    Mar 7, 2011
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    Nether region
    One of my employees was just informed his stolen gun will be released back to him after two years. How? Defendant was shot to death while awaiting trial. Gun was no longer needed as evidence.
     

    WildBillKelso

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    Jan 12, 2015
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    Northshore/New Orleans
    Anyone who has their guns stolen is a victim of crime. At least for federal cases, by law, victims have certain legal rights including "The right to full and timely restitution as provided in law."
    https://en.m.wikipedia.org/wiki/Crime_Victims%27_Rights_Act
    Some states have also codified victim's rights.
    If people are dragging their feet releasing guns back to their rightful owner after the case is concluded, consult with an attorney to assert your victim's rights.
     

    troy_mclure

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    Mar 13, 2010
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    Central
    my dad had a gun stolen in ohio.(a family "heirloom") h&r .32s&w short gunpowder only. it was attempted to be used in a murder. the guy supposedly put a modern .32 s&w long in the cylinder and when fired it blew up and damaged his hand.
    after the trial the police destroyed the gun as an "unsafe firearm".
     

    Morgen

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    Oct 22, 2018
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    New orleans
    Wow what a headache, My Daniels defense AR that was stolen in Detroit was never recovered, maybe one day I'll get a nice surprise of it being returned but I doubt LE will do the legwork considering I moved back home to Louisiana and am now out of state.
     

    steven1

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    May 24, 2013
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    Morgen, the "stolen" database is nationwide, so make sure your contact info is either the same as on report date, or you updated it with the original jurisdiction. they ll get it back to you. its all keyed off where you filed the first theft report, so they ll be notified first
     

    JADSCOOP

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    Feb 28, 2010
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    No the safe was not bolted down. I will try and find the original post I put up detailing the theft.
     

    JADSCOOP

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    Feb 28, 2010
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    As of the time of this post
    I have not heard back from the agent or the attorney about the status of the case or my guns
     
    Last edited:

    Sig220

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    May 22, 2014
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    Bridge City,TX
    Where were the guns recovered at? (City/agency) I see where you posted he was arrested in Texas, was he in possession of the firearms then?

    The quickest method to getting firearms returned is by having a judge with jurisdiction sign an order that orders that they be returned.
     

    Danzing42

    *Banned*
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    Oct 9, 2018
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    laffy
    Where were the guns recovered at? (City/agency) I see where you posted he was arrested in Texas, was he in possession of the firearms then?

    The quickest method to getting firearms returned is by having a judge with jurisdiction sign an order that orders that they be returned.




    x1000
     

    steven1

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    May 24, 2013
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    one last question for someone here, in the know: if we have doubt whether it was recovered, returned to the Original Jurisdiction-and kept( without victim notification), how can an agent of a competent alternative jurisdiction check the system to see if it was recovered w/out victim notification? i know that checking the serial no. implies the agency has found it- but is there a double-check loophole available?
     

    SouthernUnderGod

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    Nov 28, 2016
    202
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    Baton Rouge, LA
    Last week I finally recovered ONE of three guns stolen on December 24, 2015. I’m convinced that the way it happened was that I communicated with the DA’s office at l ok least once a month for over four years. Finally an assistant DA created a motion and order and go the judge to sign it. At least five times I wrote to the DA himself. Of interest to me was a statement in the motion that the evidence was not ever used in the criminal trial. The perp took a plea.

    Now where the heck are my other two pistols?

    To those still waiting:
    • Be a squeaky wheel
    • Don’t give up
    • If need be hire a lawyer to write a motion and take it to the judge.

    Hang tough!


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