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confiscated hand gun

pajtaspajtas Member Posts: 135 ✭✭
edited August 2012 in Gun Rights and Constitutional Law
I had a handgun confiscated by the MD state police How do I go about getting it back. I am not a felon I have no criminal record. thanks joe
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  • JuggernautJuggernaut Member Posts: 719 ✭✭✭✭
    edited November -1
    quote:Originally posted by pajtas
    I had a handgun confiscated by the MD state police How do I go about getting it back. I am not a felon I have no criminal record. thanks joe

    Perhaps you could elaborate more on what happened and then we might be able to help you better?

    Regards
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  • pajtaspajtas Member Posts: 135 ✭✭
    edited November -1
    ok I bought a pistol from a gunshop, but there was a problem with the magazine catch. so I took it back to the gunshop to send it back to the nabufacturer for repair, for 3 manths I went bwck to collect my gun, and they kept telling me it did not come back. on the end the shop went out of business and later one of the gfuys who worked there told me that a md state police man took the gun.
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  • JuggernautJuggernaut Member Posts: 719 ✭✭✭✭
    edited November -1
    quote:Originally posted by pajtas
    ok I bought a pistol from a gunshop, but there was a problem with the magazine catch. so I took it back to the gunshop to send it back to the nabufacturer for repair, for 3 manths I went bwck to collect my gun, and they kept telling me it did not come back. on the end the shop went out of business and later one of the gfuys who worked there told me that a md state police man took the gun.

    So are you saying then that the gunshop stated that they went out of business and supposedly the police took the gun because the gunshop allegedly went out of business(perhaps they were retired early as it were)?
    So rather than the gunshop call you and have you retrieve the firearm it was taken by the police and they told you this with no resolution.

    Obviously something is wrong as this certainly has alot of issues to it; was there some sort of violation perhaps, did you ask the gunshop why the police took your firearm and was your firearm the only one taken?

    Do you know if the batfe was involved, has anyone else tried to contact you about this or about the gunshop?

    Call the gunshop back and inquire as to what transpired for the police to have taken your firearm.

    You should contact the police that supposedly took the firearm and inquire politely as to why they would do this and was there a problem with the gunshop or the firearm.

    This would be a good place to start.....

    Regards
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  • MMOMEQ-55MMOMEQ-55 Member Posts: 13,134
    edited November -1
    This makes no sense at all. Sounds like someone stole your gun to me. I would go and file a complaint with the local PD. If the SP confiscated your gun then there would be paper work. Ask the former owner where this paper work is. I think someone blew smoke up your butt.

    When a gun shop goes out of business the local SP does not come confiscate the guns that were not sold. The longer you wait the harder it will be to get your gun back.
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  • RRConductorRRConductor Member Posts: 37 ✭✭
    edited November -1
    First of all, you'll need the receipt that the gun store gave you when you took the gun in for repair.
    Make a copy of the receipt and have the copy notarized as a "True Copy".
    Take the notarized copy with you to the state police barracks where the gun shop was located, and talk to the trooper who handles firearms. Ask him to search the records for the list of guns that were seized when to gunshop went out of business to see if your gun is on the list.
    If your gun is on the list, demand that the gun be returned to you, as it is your legal property.
    If your gun is not on the list, write to the manufacturer and determine whether or not the gun was actually sent in for repair, and where it was sent afterwards. If you are unable to track the gun this way, then contact the police department where the store was located and file a theft report so that the gun gets listed as stolen on the NCIC.
    If the MSP has your gun and refuses to return it to you, your only recourse is to file a suit against them in court. I am sure that your attorney will advise against doing this, as the costs of the suit will be enough to buy ten guns.

    Of course all of this begs the question as to where the Maryland State Police gets the authority to seize your property to begin with.
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