Can the Law keep the guns?
Cconan
Member Posts: 26 ✭
Two similar questions here.
First, Can the law keeps gun if it wasn't used in the crime charged.
Try to make it short. Preacher called the law after my Brother left a note he was going to commit Suicide.
Law arrived. This is out in the county. My Brother was cussing them while standing on his porch and shooting his gun at the ground. He never pointed it at them. At some point he had put the guns down, A pistol and a rifle. They jumped him and arrested him. Charged him with seven counts of assault on Law Enforcement Officers. Reality was he was just resisting arrest. But he did tell me he kicked one pretty hard. They took a 22 revolver and a 270 bolt action. There was also a Ruger 10/22 that he bashed up on the porch post. Law claimed they left it on the ground. That's strange in itself. Any way he goes to court. Two year probation $2500 fine and now a Felon. They keep the two guns. Preacher got the ones the didn't take and gave them to my other Brother. Ruger was never found.
Second case: I had given my Brother an air gun years ago. Just a Winchester Springer .177. My Brother had moved to another County beside the first County and had the air gun as his only gun now. Well sad to say my Brother committed suicide with the air gun. Law now has the air gun. We're going up there Tuesday to retrieve the camper he was living in that he bought with the money from the sell of his property in the first County.
Do they have a Legal right to keep these guns? Not worth a whole lots of money. But I would prefer not not seeing the law keep them
On a side note. He was just an old guy (63) living alone on disability. I think he was just alone to much. He lived to hunt.
Comments
Every state, county & jurisdiction is different. In the first case your family was lucky to get the other ones. The 2 involved are most likely gone. File a missing gun report on the 10/22. In case 2, the family should be able to get air gun back.
Sounds like they SHOULD keep it.
From what I've heard, you might not even want the guns back. The county Sheriff's Dept held my S&W 624 during the investigation of 'a shooting' but I did get it back. One of the Deputies was the Son of a good friend and co-worker of mine and he took good care of the revolver. It came back clean and undamaged.
Wait a minute! Suicide with a .177 air gun!!
Yes.......I want to hear more about that.
I think that Toolman nailed it.
My experience is that Law Enforcement doesn't want to get involved, so they tell you, "I can't release property unless you get a judge to sign off on it." That means that you need to hire a lawyer & go to court. You have to decide just how much money you want to invest in the guns.
Neal
It's a wonder if he didn't get suicide by cop, You start firing rounds anywhere ground or not you could be subject to get a few rounds in your body around here.
Sorry about your brother. Some people you just can't help. My first cousin entered a deep depression and started talking about 'leaving'. His brother got his guns from him but a month later he was found hanging in his shop. Well, he tried.
Thanks for all the replies. Found out it wasn't the air gun I had given him. My other brother has that at his house. He had gotten a 22 air gun from somewhere. The Police deptment said they will release it once they have completed an investigation. He had two game cams watching his place also. They have them too. I guess mainly they want to take a look at them just to be sure it wasn't a murder. They had his crossbow also. They did give it back. The guy that helped us move the camper was exlaw enforcement. He called the first place and like nmyers it will take a court order. He said he knows the judge. He said he would talk with him and see what he can do. Turns out they didn't take the 270. The took the old Mossberg 12 gauge and the Heritage revolver. Not realy worth the drive back up there to pick them up. But we'll see.
It's going to depend a lot on jurisdiction but I wouldn't expect to get any of them back.
And fiery auto crashes
Some will die in hot pursuit
While sifting through my ashes
Some will fall in love with life
And drink it from a fountain
That is pouring like an avalanche
Coming down the mountain
You would think that if someone is threatening to commit suicide, They would take him to a mental health unit, instead of jail. I understand why they did, but maybe someone should have intervened and helped him. When did we actually forget what it means to have compassion for our fellow man. Anyway, Just let them keep the gun. I know if it was me, I wouldn't want the gun, period, Knowing it took my brothers life. Sorry to hear about your brothers death. May he rest in peace now.
You'd think you would have to hear it many times; persistence you know................😉