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  #1  
Old 08-03-2011, 07:58 PM
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Default Stolen pistol recovery question

Hello all, I had my S&W 1911 pistol stolen when my truck was broken into back in February this year...On May 2 it was recovered by Dekalb County Ga Police after being found in someones front yard by the home owner...I was very glad it was found but the fun was just starting...After calling the Police property room and getting all kinds of run around I was able to get the Police report, Bill of sale and box with the serial number and thought all I had to do was go by and show ID and my proof of ownership and pick up the gun, WRONG...The Police say all recovered guns have to be ballistic tested by the GBI (Georgia Bureau of Investigations) and only the GBI and found clean before being released back to the owners...Well ok thats fine but here is the kicker, The GBI stopped doing ballistic testing back in 2009 due to lack of funds and personnel and they have no idea as to when they may or may not start back again...The Dekalb property room officer said they had over 2000 gun waiting to be tested and if or when the GBI ever starts again they take over 3 or 4 guns a week so at this rate I might as well give up ever getting my pistol back again....My question is, has anyone here ever run into this kind of catch 22 mess and would hiring an attorney be a waste of time and good money after bad?...At this point I'm about ready to give up and it makes me mad that a law abiding citizen with a CCW would have to go through this **** with a Police dept just to get their property back......Any ideas???...Thanks as always...
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Old 08-03-2011, 08:12 PM
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Best bet would be get a lawyer involved, if not you may never get it back.
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Old 08-03-2011, 08:16 PM
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I don't know for sure but I would think getting a lawyer would cost more than the gun is worth. Don
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Old 08-03-2011, 08:23 PM
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Wave the concept of class action in front of the lawyer. With a backlog of 2000, you may also be able to interest, ahem, the NRA.
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Old 08-03-2011, 08:31 PM
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All true...my brothers handgun was stolen from his truck Christmas 5 years ago in Hall Co, and recovered several months later in DeKalb....DeKalb submitted it to the GBI and even then it was over a year before it was returned..and I had to get personally involved to get it back then.
I will give you the short answer....
You can file suit in DeKalb Superior Court, or hire a lawyer to do it....
I would suggest contacting GeorgiaCarry.org and inquire there...
Other than that, you will WAIT....
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Old 08-03-2011, 08:40 PM
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In the early 80s I had my house broken into and 20 something handguns were stolen. The dude was caught trying to sell them to an undercover cop.

The DA had to keep the guns as evidence pending court. At the time I was shooting for the guard and had an up-coming pistol match out of state.

I contacted the DA directly and got her to release the three guns I needed (Hardball 1911, Model 52 Smith, and High Standard Victor) for the bullseye pistol match. She figured she had enough guns left over to get a conviction (which she got).

After the trail, all the guns were returned to me. I even made a deal where she allowed me to go to the property room and "oil up" all the guns so they wouldnt rust up in the evidence locker.

So I'd just go to the DA, be polite, and you'll probably get your gun back.
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Old 08-03-2011, 09:03 PM
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Quote:
Originally Posted by kraigwy View Post
In the early 80s I had my house broken into and 20 something handguns were stolen. The dude was caught trying to sell them to an undercover cop.

The DA had to keep the guns as evidence pending court. At the time I was shooting for the guard and had an up-coming pistol match out of state.

I contacted the DA directly and got her to release the three guns I needed (Hardball 1911, Model 52 Smith, and High Standard Victor) for the bullseye pistol match. She figured she had enough guns left over to get a conviction (which she got).

After the trail, all the guns were returned to me. I even made a deal where she allowed me to go to the property room and "oil up" all the guns so they wouldnt rust up in the evidence locker.

So I'd just go to the DA, be polite, and you'll probably get your gun back.
A lot of places, I would suggest just that....in DeKalb Co GA, I would bet a paycheck that the DA will say you will get it back when the PD says they are through with it...
I have a lot of experience with DeKalb PD, professional experience...
It will take a court order......
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Old 08-03-2011, 09:18 PM
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Did your truck insurance company issue you a check for the loss of the pistol?
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Old 08-03-2011, 09:38 PM
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I have a stolen 5904(first gun I ever bought, had for over 20 years) sitting in DeKalb County. I was happy when I got the call from the local police, not so much when I called GA to figure out how to get it back. I've pretty much figured it's a loss. I've been meaning to call the property room again to do some dancing but it gets old messing around with them.
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Old 08-03-2011, 09:53 PM
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Back around 1997, I was working at a post office in DeKalb county, GA when a fellow mailcarrier returned to the office with a C&L Colt enhanced 1911 he had found on the street in front of a Sears store. The supervisor was not gun savvy so I unloaded it and stuffed it into a large envelope and left with it, as the supervisor was afraid to have it in the office. I called a DKPD officer I knew, who told me to call the property room sargeant and ask about turning it in, which I did on the way home. After ninety days, if the gun were not reported stolen and it was unclaimed, it would become mine.

Two young officers were working the info desk, one with a broken wrist. The gun was run through the computer, and did not show up. They thanked me. I asked for a receipt, they told me no, I would not get the gun back. I asked for the gun, which they refused to return to me. I asked for a receipt and a supervisor, and got a receipt.

Seventy-seven days later the Colt was claimed by a local business owner who had reported the gun stolen in neighboring Gwinnett county, where it never got entered into the system. He went to the GPD every week and inquired about the gun, and one week it popped up in the system, thanks to me.

But to get his gun back, he had to bring in his box, sales receipt, copy of the 4473 he filled out at the gun shop, driver's license, birth certificate, and several months of utility bills to prove residency. It took him a few hours at the police department. But he asked who turned it in, called me, and sent me a pass to his paintball warehouse so my son and a friend could play for free for six months. He was very grateful, I was happy it got returned to the original owner. He admitted he might have driven to work with it on top of his truck, and lost it himself the very morning someone broke into his truck.

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  #11  
Old 08-04-2011, 08:36 AM
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I would also consider a call to my state representative, or city councilman to help resolve this delima.
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  #12  
Old 08-04-2011, 02:24 PM
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Thanks to everyone who responded...I suppose I will just wait as long as possible and then file a small claims court case against the county...I didn't file an insurance claim due to my deductable being $500.00 and the insurance company saying they would pay $650.00 max so that wasn't worth it...I went to the Police property room and asked to see the pistol thinking if it had been run over by a truck or smashed across the street and curb before landing in the front yard of the homeowner that found it then it wouldn't be worth pursuing but the officer at the window was very rude and told me they don't show recovered items to the owners..I asked why and he told me to leave or risk arrest and I was being nice!!!...I pretty much expected this from Dekalb county where former Sheriff Sidney Dorsey is in prison for having Sheriff elect Derwin Brown executed and former Dekalb Police Chief Terrell Bolton was fired for conduct unbecoming an officer for using county funds for his own personal use and driving a Land Rover and a BMW both which were involved in a drug investigation and were in impound...Also Dekalb School Board Chairman Crawford Lewis is in prison for racketeering for stealing school funds and living the high life while the school system was closing schools and furloughing teachers due to budget short falls...Pardon me if I am angry and ranting but I am...It seems that the whole Dekalb County Georgia government has forgotten who they work for and have gone to the "Dark Side"....
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Old 08-04-2011, 03:08 PM
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I lived in DeKalb county from 1970 to 1995. LOTS of changes went on in that time. It would seem to me that the building belongs to the taxpayers, and thus should be considered "public", no one should be threatened with arrest for being there, especially somebody who was legitimately seeking the return of their own property.

Call some of the local T.V. stations and see if you can interest a reporter in your story.
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Old 08-04-2011, 04:31 PM
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Gun Smoke, I'm sorry this has happened. I had a gun stolen in Georgia some years back and it wound being recovered by APD. I like you thought it would be a simple matter to get it back.

It was not. I was indignant that the government could just decide to keep my property. It is most definitely a violation of rights to property.

But the fact is that they are going to do it and get away with it.

I spent WAY too much time trying to get the thing back, and worrying about about it.

The best advice I got was on this forum--that advice was to write the thing off, and consider it a bonus if I ever got it back.

I did get it back--after almost six years.

I hope you get yours and that it does not take as long.
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Old 03-30-2013, 12:23 PM
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Default stolen model 66-1 serial # 76K2647

Looking for any information regarding the present whereabouts of Smith and Wesson Model 66-1
serial # 76K2647. This gun was removed from the owners home by someone.Possibly a family member(who did not own it).Has been reported to loca law enbforcenment with no rsults as of yet.Searching for information for this piece as well as possibe other thefts and crimminal activities by this and/or associates of this Individual. Thank you for your help.TB53
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Old 03-30-2013, 04:21 PM
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Hi:
Some Agencies re-submit stolen firearms every year in NCIC and other Agencies only submit once. So if the stolen firearms is not re-submitted every year, after the first year the stolen firearm is lost/gone forever.
When you are inquiring about your stolen property at the front desk or property room, and the officers are not helpful/rude/ un-pleasant consider you are dealing with a corrupt/dishonest agencies.It appears that the front desk officers being adement about not giving a receipt was thinking of keeping the weapon for theirselves. With no receipt there is no record that you turned the weapon in.

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Old 03-30-2013, 04:47 PM
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Man that stinks! There is two reasons I carry a Kel-Tec PF-9, one it works well and two if it ever gets stolen or held as evidence for whatever reason I will not cry great tears over it and will only be out $240.00. Heck of a way to choose a carry gun, is it not?
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Old 03-30-2013, 05:17 PM
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Quote:
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Man that stinks! There is two reasons I carry a Kel-Tec PF-9, one it works well and two if it ever gets stolen or held as evidence for whatever reason I will not cry great tears over it and will only be out $240.00. Heck of a way to choose a carry gun, is it not?
I do the same. Some nice guns for shooting and a cheaper 'throw away' for CC for this exact reason.
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Old 03-30-2013, 06:20 PM
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I like suggestion above to contact your state representative. Or congressman. A politician might see that he or she could get some milage out of it in terms of gaining voter support or discrediting a political rival.

Man, Dekalb sounds like bad news....
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Old 03-31-2013, 12:40 AM
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Go to the district court of the jurisdiction where the gun was seized and spend the filing fee to file a motion for an "order of claim and delivery" to get your gun back. You can do it yourself.
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Old 03-31-2013, 01:01 AM
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While the original post is from 2011, Dekalb County is, if anything, worse now. The county Chief Executive is under investigation for fraud, the school board was so dysfunctional they were about to lose accreditation causing the Governor removed six of the nine members and appoint people to take their place. So good luck getting your firearm back. I'll have to ask about the GBI no longer testing guns since I have two relatives at GBI headquarters, one of them actually in the crime lab.

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Old 03-31-2013, 12:20 PM
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There's another thread in the Lounge today regarding a stolen Glock needing to be returned to it's rightful owner by Georgia authorities. I'm not too impressed with Georgia so far in it's treatment to legal gun owners. Alabama may not be much better; don't know for sure. It just goes to show that the system can do whatever they want, whenever they want.
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Old 03-31-2013, 02:31 PM
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Believe it or not, the only person who seemed to care whether or not I got my gun back, and in fact actually called every few months to let me know the status, was an ATF agent. He was a young fellow (early-mid 30s) of Indian (as in the subcontinent, not native American) extraction. The Feds had it because it was some sort of third strike thing for the goofball they found it on (a drug dealer who pistol whipped one of his street dealers--street dealer called cops, the drug dealer was picked up on the warrant when an old lady in gro. store parking lot dented his car and HE called cops).

When it was finally released after all those years the ATF agent personally drove to my home and gave it to me still in an evidence box. It had been in his safe the whole time.

When Atlanta PD had it before the Fed charges they made it very difficult to find out anything and if the Feds and ATF had not gotten involved I doubt I would have gotten it back. Seldom have I been treated more rudely than by the property people (one in particular) than I was by APD. I only found out ATF had it when I got a buddy who is a detective in a neighboring county to track it down. APD would not tell me ANYTHING.

This is an old thread and I hope the OP sees it and updates.
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  #24  
Old 03-31-2013, 03:06 PM
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I do this stuff for a living. There is no excuse for this crud. The firearm itself is not evidence anyway; they could do this with a good set of photos and your testimony. I'm doing that in a case I'll try in a couple of weeks.

I think it is time for a good gun rights savvy lawyer to get involved.
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