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Niece in Houston got gun stolen,and recovered
Oakie
Member Posts: 40,519 ✭✭✭✭
First let me state that she is 100% at fault. She left her carry gun in her car and left it unlocked. She is a new ccw permit holder. Three 16 year old kids walking by her car noticed it was unlocked and decided to take a look. They stole the gun out of her glove box. I guess they had a change of heart and threw it in the weeds about three blocks from her house. A police officer stopped the kids because it was 2 am and they were walking down the middle of the road looking in car windows. After some questioning and threats of being arrested, The only girl of the three told the police about the gun. He went and got it and waited until this morning to talk to my niece. He said he has to check the gun to see if it has been fired or used in a crime in the last 24 hours. If not, she can have it back. He told her that since she has a ccw, she will probably lose her permit for life. If she didn't have a ccw, she would be fine. She is seven months pregnant . The police officer was very nice to her and said he will go to court and talk to the judge and see if he can pull a few string for her. Thank god no one got hurt and she got the gun back, as it was a gift from her father in law, whom passed away about two months ago. Hope she learned her lesson. I told her if she is going to carry, she has to be responsible for that gun 24/7. She should know better, she has been shooting and around guns her whole life. She is 30 years old, not a kid.
Comments
I can't see where being the victim of a crime would cost you your right to self sefense.
Losing your rights because someone else stole from you?
Are you absolutely sure the kids didn't jimmy the lock then break into the locked glove box? Absolutely sure?
That's what I said. From what I understand and was told to me by my sister, If you have a ccw in Texas and leave your gun in the car, your responsible for anything that happens. if you don't have a ccw, the car becomes an extension of your house and your covered. I don't even pretend to understand this and I surely don't know the laws in Texas. I am only repeating what I was told by my sister. She was issued a summons this morning to appear in front of a judge in three weeks.
Supposedly she was taught all this in her ccw class that she took and what the laws were. maybe someone from Texas could shed some light on this or a lawyer or Leo[?]
What does the test look like to see if its been fired in the last 24 hours?
He held onto it until this morning?
If it checks out, she can have it back?
Has it been booked into evidence?
Sounds like "strings" aren't the only thing getting pulled around that neighborhood.
And Scout5 is correct.
I think we're all past blaming rape victims for dressing "provocatively". A crime of opportunity is still a crime.
And the girl who stole it should be doing federal time. Or maybe the local police officer did some "string pulling" for her as well.
I suspect your niece is very cute.
What does the test look like to see if its been fired in the last 24 hours?
He held onto it until this morning?
If it checks out, she can have it back?
Has it been booked into evidence?
Sounds like "strings" aren't the only thing getting pulled around that neighborhood.
And Scout5 is correct.
I think we're all past blaming rape victims for dressing "provocatively". A crime of opportunity is still a crime.
And the girl who stole it should be doing federal time. Or maybe the local police officer did some "string pulling" for her as well.
I honestly don't know. I am just repeating what I was told by my sister. The kids that stole it were Hispanic and I am sure what he meant by holding on to it , means it is in police custody. They said something like they had to check to see if it has been fired recently, which my niece said it has not and was just cleaned about a month ago. I don't know why they would give it back before a trial, so I am sure they are going to hold on to it for a while. Like I said, I was not there and am getting things third hand. I don't know the laws in Texas.
The cop is mistaken.
He should have given her a receipt for the gun with her name and identifiers on it, as well as the make, model, and serial number of the gun. The receipt will state that she has 60 days to claim her property and where to go to claim it.
The cop probably booked it into property as "found," and when she goes to claim it, there should be minimal hassle.
I think the cop is wrong.
Her CHL is not in jeopardy.
The cop is mistaken.
He should have given her a receipt for the gun with her name and identifiers on it, as well as the make, model, and serial number of the gun. The receipt will state that she has 60 days to claim her property and where to go to claim it.
The cop probably booked it into property as "found," and when she goes to claim it, there should be minimal hassle.
Thanks David. I just got off the phone with Andrea, my niece. She told me that she did NOT get a receipt for the gun and was told there is a back log of ballistic testing going on right now. It is backlogged from April of this year. The investigating officer told her she will receive a call in about three to four months to inform her when she can pick up the gun. I told her to go get a receipt right now from them. She is on her way to the police station first thing in the morning. I sent her a copy, word for word, of what you told me. Andrea said to thank you and thanks for the guidance. I appreciate your help in this matter. Oakie.
I sincerely hope she hasn't seen the last of the gun.
As far as I know, the police to do not run ballistics checks on random seized firearms, not known to have been used in a crime.
I hate to think it, but it could be, judging only from what you reported, that the officer may just keep the gun for himself, counting on the girl being young and inexperienced, and grateful that she didn't receive a suspension letter from the DPS.
the gun was stolen, but not reported stolen,
then it was found and recovered, but seized,
by a cop who was following three kids walking in the road.
He found it in the weeds at 2am but held it for
ten or twelve hours, ostensibly to make sure it's "clean"
after telling her she might lose her carry license,
but she already has the gun back?
I'm a cop and I see three juvies walking in the road at 2am -
two males and one female.
I bump the siren and flick on the spotlight and none of them run.
Then the female spills her guts and says they just stole a pistol
out of Miss____'s car, parked in front of her house
and it's right over there in the weeds.
I'm having a hard time getting this whole story to pass the smell test.
How did the cops know whose gun it was,
and was anyone arrested?
Thank god no one got hurt and she got the gun back, as it was a gift from her father in law, whom passed away about two months ago.
[?]
From a different angle...
I'm a cop and I see three juvies walking in the road at 2am -
two males and one female.
I bump the siren and flick on the spotlight and none of them run.
Then the female spills her guts and says they just stole a pistol
out of Miss____'s car, parked in front of her house
and it's right over there in the weeds.
I'm having a hard time getting this whole story to pass the smell test.
How did the cops know whose gun it was,
and was anyone arrested?
Three juveniles were arrested as I stated. The girl told them about the gun and where they got it. Here, this will be easier, private email me and I will give you her phone number and you can call my niece and hear it first hand if you are a cop and can help her. I would appreciate any help in this matter. She is really nervous and I got all my info in the first post, third hand from my sister.
Just asking.
Still don't see it.
quote:Originally posted by bigcitybill
From a different angle...
I'm a cop and I see three juvies walking in the road at 2am -
two males and one female.
I bump the siren and flick on the spotlight and none of them run.
Then the female spills her guts and says they just stole a pistol
out of Miss____'s car, parked in front of her house
and it's right over there in the weeds.
I'm having a hard time getting this whole story to pass the smell test.
How did the cops know whose gun it was,
and was anyone arrested?
Three juveniles were arrested as I stated. The girl told them about the gun and where they got it. Here, this will be easier, private email me and I will give you her phone number and you can call my niece and hear it first hand if you are a cop and can help her. I would appreciate any help in this matter. She is really nervous and I got all my info in the first post, third hand from my sister.
What help does she need?
She got her gat back and she's off the hook.
I have advised her how to request its return.
The officer then tagged in the gun in the HPD property room.
It will be marked for testing the casing and bullet with go thru the system.
After the test it will be re-tagged into the property room a "property disposition" form will then be sent to the Investigative Division which authorized the officer to tagged the gun the night it was found.
Whoever is assigned the property diso...Likley a desk jockey in Homicide or B&T will review the case and make contact with the niece.
She will likely not see her gun for a year.
Her ccl is NOT at risk.
The comp(your niece) was given and incident or repot number.
The officer then tagged in the gun in the HPD property room.
It will be marked for testing the casing and bullet with go thru the system.
After the test it will be re-tagged into the property room a "property disposition" form will then be sent to the Investigative Division which authorized the officer to tagged the gun the night it was found.
Whoever is assigned the property diso...Likley a desk jockey in Homicide or B&T will review the case and make contact with the niece.
She will likely not see her gun for a year.
Her ccl is NOT at risk.
Thank you and thanks David. I tried to contact David with her phone number, but my mail gets returned. If someone could be so kind to talk to her and ease her mind, I will email you her phone number.Oakie
A cop seizing a piece of property and not making a receipt for it makes a little alarm go off in my head.
I hate to think it, but it could be, judging only from what you reported, that the officer may just keep the gun for himself, counting on the girl being young and inexperienced, and grateful that she didn't receive a suspension letter from the DPS.
A receipt for property is only handed out when an item is either received or removed from someone's possession or control. Initial investigation says it came out of her car, but it wasn't actually received from her.
A cop waking someone up in the middle of the night to inform them their gun had been stolen and that he'd recovered it, then supplying them with a case number and instructions on getting it returned doesn't sound as if he was planning on pocketing it.
After all, he was told where a gun had been ditched on the roadside and had the opportunity to just take the thing and claim he was unable to find it.
Based on the info we have here he appears to have done his job as it's supposed to be done.