How government can circumvent our rights

jtpur

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I had a rather interesting experience yesterday dealing with my former Police Agency.

A bit of background. I retired after over twenty years of service to my Police Agency. I won't name them in this post.

Early last week, my carry gun was either stolen or I somehow managed to loose it. I'm still not quite certain. I remember having it in my pocket while I ate lunch with a friend in a local restaurant. I am 99.9% certain I put it in my console on the way back to work because the company I work for does not permit guns inside the building.

About 3 pm I left work and looked in the console for my gun and it was gone. Then I tried to remember if I really did put it in the console or did it fall out of my pocket....etc etc.

I even wondered if I had really brought it to work. You see when you have carried a gun daily for over 40 years you are not even aware you have it at times. Like not putting on your watch and you don't notice till you look to see what time it is.

I went home found my paper work and got the sn and called it in via phone. I have two exact same models and I wanted to make sure I reported the correct one missing...I know all my gun SN's but this time I wanted to be sure because I carry both at times.

Thursday I received a call from an officer telling me that my gun was turned in and for some reason the person who turned it in kept it a few days before calling the police...that's another story....but at least it was in good hands.

I know the drill and was told bring your "ownership" papers and ID to the evidence section and retrieve your gun. Then he asked me how many rounds I had. I told him the number, brand and grain. Hmmmm he said.....

Next day (yesterday bright and early I show up at my former employer...I call evidence from the lobby phone, give the clerk my case number and Im on hold for ten minutes. "we cant find anything under that case number.."I tell her that perhaps the officer who put it into evidence obtained a new case number and did not cross ref to the original. She told me that I should come back in a few days. I told her to run the serial number and it would cross reference to the case in which it was placed into evidence. (It's nice to know how these things work). She tells me she cant do that. Now Im a bit angry to say the least.

I finally tell her "Look, Im a retired Det Sergeant and yes you can......and if you cant your supervisor can. She tells me to wait. Five minutes later she says she found the report but she cant release the gun because the reporting officer did not list me as the owner.

I politely tell her I am the owner, I reported it lost/stolen and I have the bill of sale. (There are no ownership papers in Florida) She say it does not matter I have to be listed as the owner.

Now Im really mad, and I tell her that is BS...and I don't use the abbreviation either. I demand her supervisor...Another five minute hold...."Hello this is XXXX we can't release "YOUR" gun because You are not listed as the owner." I tell her I have the bill of sale, I reported it and she can release it with a supplement to the report...."Released to Mr. (my name) upon presentation of proof of ownership." She tells me she can not do that, and I will have to wait until I am listed as the owner of the gun.

I am amazed...baffled and really p---ed. I tell her that is ridiculous......and while Im doing it Im texting the Chief who I hired thirty years ago when I ran personnel. She tells me to calm down and have a seat and because Im a retired member she will call the officer in off the road.

Ten minutes later the aid at the front desk received a call and asked me my name. I told her and then she turned off the volume behind her partition and I saw her shake her head in the affirmative. Five minutes later a Sergeant (I hired him 20 years ago) came out introduced himself and finally recognized me... He said he would take car of this for me and said the paper work got messed up.

Twenty minutes later the evidence supervisor came out, had me sign for my gun. She gave me the magazine back and said, "We cant return the ammunition" I asked Why and she said, "Chief's orders we don't return ammo." I asked her under what authority they were withholding my property...She said Chief's orders. I said ok, but under what legal authority, what law, what court case? She said, Look it is the Chief's orders.

I said so if the Chief ordered you to shoot me would you do that too or would you need a lawful reason? I was so damn mad by then I figured I better just leave... and I did.

So If I was treated the exact way civilians are treated then you civilians are in deep trouble.....The process which I probably did some get some relief from was only because I knew the system and I knew who to get in touch with....had that been your gun, and had you not known what I know or if you lost your "OWNERSHIP PAPERS" you would never get your property back absent a law suit....

Oh and when I got home I took my gun apart.. I am a gun clean freak. It was very obvious to me the gun had been fired....more than once I might add.....I can see the PD test firing a gun to see if ballistics match any unsolved homicides but it does not take seven rounds to do a ballistics match..well perhaps the person who turned it in after a few days took it out shooting....
 
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Feel your pain. Another thing with these bureaucratic decisions often your only real means of any honest resolution is to hire a lawyer. That cost money and they are well aware that many will not hire an attorney because of the cost.

Your prior service paid off. Many private citizens probably would have been twisted in a tight spiral.
 
Feel your pain. Another thing with these bureaucratic decisions often your only real means of any honest resolution is to hire a lawyer. That cost money and they are well aware that many will not hire an attorney because of the cost.

Your prior service paid off. Many private citizens probably would have been twisted in a tight spiral.
Exactly and frankly it makes me embarrassed to have ever been a part of that system.
 
So If I was treated the exact way civilians are treated then you civilians are in deep trouble....

Unfortunately, yes. Very often us "civilians" are treated that way. More so with larger and more urban jurisdictions. Department policy is relied on until the civilian gets fed up and goes away. I have great respect for several individual officers I know, however their department policies are often driven by political motivations.
 
Unfortunately, yes. Very often us "civilians" are treated that way. More so with larger and more urban jurisdictions. Department policy is relied on until the civilian gets fed up and goes away. I have great respect for several individual officers I know, however their department policies are often driven by political motivations.

Precisely, the system is designed to frustrate you and make you surrender your rights and bow to the State. If they truly did Protect and Serve they would find ways to assist you in getting your property back and instead they find ways to thwart your rights.
 
i cant wait to hear the story y the man that found it waited a few days to turn it in . that must have had u going nuts looking 4 it i guess some people just dont care how a situation like that could affect another person. if i saw a gun just laying there it would be reported to somebody that cares
 
I feel your pain dealing with the locals. I always thought that was the ONE level of government that should be "easy". Growing up we lived next door to the Chief and things sure seemed different :)

About your wonderment on "how the general public is treated" I can tell you that citizens are treated worse. I live in Flower Mound, a Town of 70K, and the bureaucracy is incredible, the new Town manager thinks he is overlord of the Federal government, and their response to everything is why something CAN NOT be done rather than how to solve a problem. We have 70 MPH traffic in our neighborhood and for years all they do is run traffic studies and then quote Austin regulations as to how they aren't allowed to do anything to fix things. Sorry, don't mean to hijack but never move to Flower Mound, Texas :) OR IMHO any form of weak Mayor/Town Manager government. No public accountability.
 
Feel your pain. Another thing with these bureaucratic decisions often your only real means of any honest resolution is to hire a lawyer. That cost money and they are well aware that many will not hire an attorney because of the cost.

Your prior service paid off. Many private citizens probably would have been twisted in a tight spiral.

My thoughts exactly. I have it in my head that if placed in a similar situation, I'd never see my gun again, with the exception of spending a lot of money hiring an attorney. This is why I choose not to carry one of my more valuable handguns with sentimental value.
 
I don't know what the particular gun was but just maybe someone along the line took a liking to it and figured maybe he/she could get it for nothing.
Now, you may say it wouldn't be possible due to rules and dept. regs. but it sounds like they were bent pretty severely already.
 
So If I was treated the exact way civilians are treated then you civilians are in deep trouble.....The process which I probably did some get some relief from was only because I knew the system and I knew who to get in touch with....had that been your gun, and had you not known what I know or if you lost your "OWNERSHIP PAPERS" you would never get your property back absent a law suit....

Welcome to the wonderful world of the "ordinary" citizen. "Civilian" if you will.

In Kalifornistan our handguns are registered to us and getting our property back can be like pulling teeth, even when they know durn well it belongs to us. Many times it can depend on who answers the phone or is on a desk on a given day. Bottom line is they do not WANT to give us our guns back and will resist in every way possible.
 
I don't know what the particular gun was but just maybe someone along the line took a liking to it and figured maybe he/she could get it for nothing.
Now, you may say it wouldn't be possible due to rules and dept. regs. but it sounds like they were bent pretty severely already.

That's what im thinking that happened to my November 1941 made BYF P-38. Everything points to dept theft too. First, when I reported it stolen, the officer who took the report-said they knew who did it and were already looking for HER. They said she was wanted for stealing other guns too. This happened to me on January 6-2000. The ONLY other communication ive ever had from the Dept to me--was a letter stating they were putting my case on the "back burner" due to the amount of cases they were working on. From time to time-I check in about it--but get nothing but the run-a-round.
 
And people wonder why civilians do not trust police? Sounds like you got a taste of what John and Jane Doe have to deal with.
 
I've been in the system as an officer and prosecutor in two states. I have served as a legal advisor to a LE agency, and had/have access to a lot of information about incidents of this nature around the country in my consulting work and other sources. We have a lot of agencies that come up with bizarre policies for a lot of bad reasons, most traceable back to the Good Idea Fairy, not listening to Wavy Gravy's warning, and rumors/folklore in LE management about liability that have NEVER been vetted by competent legal advisors. (And a lot of the legal advisors involved are simply not competent. I've seen stuff advocated by attorneys that is so stupid I have not been completely tasteful in commentaries on professional email trees.) We have a large agency in this state that is so bad about such that I refer to them as "The Adhocracy", and I have been predicting that the offspring of a RICO action and a Muppet are in their future.

I am not at all shocked by this, sadly. It will go over like a beer fart in church, but this is the kind of stuff that justifies a formal complaint to the PD, City Attorney, and Mayor/City Manager, depending on the structure of the entity.

BTW - there is a very real possibility that your carry method failed you. Reassess it and correct the problem. I have never had a pistol fall off me, let alone not know, and I use a pocket holster far more than any other method.
 
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The officer that taught my chl class said we should declare our guns and present are chl permit upon being pulled over. I have long ago decided that this was not the avenue I would take. If they have no reason to search, I'm not going to hand them my gun. This is Houston. Not only will I never see the gun again, but I would very possibly end spending the night in the box. I even have my bill of sale in the glove compartment.
If they took my gun in Houston, I would only put forth a minimal effort to get it back. I don't have the time it would take to get anywhere.
 
Part of the solution is to eliminate this LEO/civilian dichotomy. LEOS ARE civilians, the only people in this country who are NOT civilians are active duty military personnel. And yes, eliminate "Adhocracy".
I note a number of retired LEOs-and military personnel have commented to me on the lack of respect shown them by currently serving personnel.
Some people need to ne taken down a peg or two and be disabused of their attitude that they are part of an elite and not subject to the same rules as the rest of us.
 
What scares me in NY is that if I had a gun stolen or happened to misplace one and the NYS troopers got involved, they would find a way to come and take the balance of my guns because I would no longer "responsible" enough to safely secure/possess them. I have no pre- conceived ideas that I would ever get the particular gun in question back.

Similarly, I fear that anyone in my household needing certain medication for depression or anxiety or similar would trigger the same response by the state.

I know those might seem to be extreme theories, but here, what gun laws haven't been rewritten are now subject to revised state interpretation.

I am thankful that most local and county LE jurisdictions seem to be much more reasonable when it comes to common sense implementation of our gun laws .
 
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