Confiscated Firearms

[AudieMurphy]

As we all here are Gun enthusiast in one form or another. and surf the web . Im sure some of us are aware of listings on various sites of "Parts kits" or "Repair parts lots"...If you'd notice the frame or receiver is always missing. In the listing there"s the disclaimer that particular piece has been destroyer by "court order"....Ok so I admit chop up the Lorcins and the Bersas,Hi points...you know the ones...But I for one have seen some really nice older Winchesters from the 1800's, 1911'S from WWI&2, Lugers and even Old Smith revolvers...Heck there was an older RM parts kit that ended on 5/11 that went for $2 THOUSAND!!...well you get my drift....Shouldnt there be an exemption for collectable/historical preference? What do you think?? lets here it

 

[s&wchad]

Guns are just tools...
Taxpayers should demand that non-contaband confiscated items be sold at auction.

 

[ken158]

You are getting into some solid red line issues you do not cross and perhaps some gray areas… Back in time, I did the research in my state about that exact issue (and be aware that every state will have different laws). A prosecutor will ask the court for said item to be destroyed, present an order and the judge signs it. We then go by ATF destruction rules and order is executed with witness. I asked a prosecutor if he would ask the judge if parts could be stripped and sold or traded with money being returned to the department or traded for firearms related supplies while the serial numbered frame was destroyed. The answer was a “NO” and the reason is that nobody wanted to get involved in selective disposing of a firearm parts used in a legal proceeding and ordered destroyed. In addition, any money that would be received would be required to go to the general fund (by law) rather than to the department. Now, we do have had some guns court ordered confiscated and turned over the the department for use, training, etc but they could never be sold or traded and must be destroyed if of no further use.

 

[AudieMurphy]

You are getting into some solid red line issues you do not cross and perhaps some gray areas… Back in time, I did the research in my state about that exact issue (and be aware that every state will have different laws). A prosecutor will ask the court for said item to be destroyed, present an order and the judge signs it. We then go by ATF destruction rules and order is executed with witness. I asked a prosecutor if he would ask the judge if parts could be stripped and sold or traded with money being returned to the department or traded for firearms related supplies while the serial numbered frame was destroyed. The answer was a “NO” and the reason is that nobody wanted to get involved in selective disposing of a firearm parts used in a legal proceeding and ordered destroyed. In addition, any money that would be received would be required to go to the general fund (by law) rather than to the department. Now, we do have had some guns court ordered confiscated and turned over the the department for use, training, etc but they could never be sold or traded and must be destroyed if of no further use.

Well we're straying off topic from the OP. BUT, I'll play along.....and noted (different states have different laws)....obviously your state crushed the whole firearm. I still dont buy that...Being retired and watching/listening to the news. Ive heard it before. Where some firearms were destoryed having turned up in other crimes.

 

[Model29-26.5]

I spoke with a local FFL in TN a couple of days ago they told me they buy guns sometimes by the thousand from police departments that include evidence guns and used department firearms.
I wonder how many of these were ordered to be destroyed that were not?
Who knows if folks within the police department may know the value of some of these firearms to collectors and may not go through with the court order?
Would that even be a possibility do you think?
I’m very much doubt it, but just to throw away something of Value because it may have been involved in a crime seems like a bad idea. As long it has been disclosed in the sale I guess?
I’m not sure I would want a firearm that was used as a murder weapon in my house??
Unless it was a pre 29 (6.5” naturally) or a registered magnum!!
I just know that some of these FFL’s can get a “bucket of guns” probably from not much money. The reason I say bucket of guns is because that is exactly what the guy told me.. “ I’ll see what’s in the bucket..” I don’t know if he used it as a turn of phrase or if there is an actual bucket.?

 

[Ματθιας]

Not all the parts kits are confiscated crime guns. Locally, there have been a number of "buybacks"and a lot of nice old collectable, and historical firearms have been chopped up and made into gardening tools to prevent "gun" violence. I have no clue if it's like that in other states.

Police, supposedly, check to see if the firearm is stolen, If so, the owner is contacted and the fireman is retuned. If not, the firearm is chopped up on site. Given the corruption among LE in NM, I wouldn't be surprised if some firearms disappeared after they are checked to see if they are "stolen".

In some of the news reports, there have been some very nice old firearms stacked on the table - optics on another table.

 

['79 Magnum GT]

I spoke with a local FFL in TN a couple of days ago they told me they buy guns sometimes by the thousand from police departments that include evidence guns and used department firearms.
I wonder how many of these were ordered to be destroyed that were not?
Who knows if folks within the police department may know the value of some of these firearms to collectors and may not go through with the court order?
Would that even be a possibility do you think?
I’m very much doubt it, but just to throw away something of Value because it may have been involved in a crime seems like a bad idea. As long it has been disclosed in the sale I guess?
I’m not sure I would want a firearm that was used as a murder weapon in my house??
Unless it was a pre 29 (6.5” naturally) or a registered magnum!!
I just know that some of these FFL’s can get a “bucket of guns” probably from not much money. The reason I say bucket of guns is because that is exactly what the guy told me.. “ I’ll see what’s in the bucket..” I don’t know if he used it as a turn of phrase or if there is an actual bucket.?

I would take a firearm if it was used in a murder if I was looking for that model. The bullet killed the person not the gun. On the other hand I wouldn't want the bullet that killed anyone. Even though I could melt it down and recast it. I also wouldn't want a knife or club or whatever that killed someone. In that case the object itself was what did the person in, along with a LOT of help by another human.

Rick

 

[MelvinWalker]

We then go by ATF destruction rules and order is executed with witness. I asked a prosecutor if he would ask the judge if parts could be stripped and sold or traded with money being returned to the department or traded for firearms related supplies while the serial numbered frame was destroyed. The answer was a “NO” and the reason is that nobody wanted to get involved in selective disposing of a firearm parts used in a legal proceeding and ordered destroyed.

You asked too many questions, thereby giving the prosecutor the ability to answer something that he really had zero to do with. If VA state law says something like "Firearms used in the commission of a crime are to be destroyed", then the firearm was destroyed per the law.

Unless your state law prohibits it, the firearm IS the serialized frame...The rest of the metal parts can be sold to a five year old, because they are no different in the eyes of the law than an iron gate hinge that was purchased at Tru-Value hardware.

 

[AudieMurphy]

Not all the parts kits are confiscated crime guns. Locally, there have been a number of "buybacks"and a lot of nice old collectable, and historical firearms have been chopped up and made into gardening tools to prevent "gun" violence. I have no clue if it's like that in other states.

Police, supposedly, check to see if the firearm is stolen, If so, the owner is contacted and the fireman is retuned. If not, the firearm is chopped up on site. Given the corruption among LE in NM, I wouldn't be surprised if some firearms disappeared after they are checked to see if they are "stolen".

In some of the news reports, there have been some very nice old firearms stacked on the table - optics on another table.

"optics" the Bersas and Hi-points, in other words the Hood guns

 

[Ματθιας]

"optics" the Bersas and Hi-points, in other words the Hood guns

No, I mean, literal, optics, like vintage and high dollar scopes on hunting rifles and such. They were lined up on another table.

In the local new reports, most firearms pictured were older firearms brought in by older folks like widows. Yeah, there were evil assault weapons thrown in, but they were the exception.

 

[desi2358]

At one time Indiana used to periodically hold auctions of firearms held by law enforcement agencies as seized or surrendered. I believe there was some requirement for agencies around the state to dispose of them through the state and not on a local basis IIRC. When I lived there briefly in the 79 to 82 period I got to know a dealer who attended these auctions (they were FFL dealer or gunsmith only, not open to the general public) and there was a vast assortment of guns. High end stuff was auctioned first, followed by lesser grade guns then toward the end they would sell box lots of broken, damaged or parts missing guns. They were well attended by gun dealers and gunsmiths. The money went into a fund for supporting the police IIRC. I always thought it was a good way to handle the situation though I wonder of they still do it or if anti-gunners put a stop to it.

 

[scattershot]

Bottom lime is, those jurisdictions don’t care about firearms like we do, they might as well be destroying hammers. I agree it’s a shame, but that’s the way it is.

 

[Golddollar]

Right after I got out of school I was working in Reading, PA, and the Reading Police Department was having a sale of retired firearms. It was mostly Smith & Wesson Model 36s and M1 carbines. Bear with me as this was almost 50 years ago, but a memory sticks with me that one of the carbines was a Rock-Ola, and I knew even back then that it would be something special. But alas, I had just started my first job out of school, not even having my first paycheck, so I couldn't even think of bidding.

But there is a good story along these lines. I had spotted a .22 High Standard target pistol on Gunbroker that was being sold by a gun shop in Reading, PA. It had a "Buy It Now" button on it, so I called the shop to see if the gun was still there and hotfooted it up to Reading. This gun had a set of Herrett grips on it that would not let go of your hand. The story I got from the gun shop was that a widow of an old pistol shooting competitor brought it in after trying to get a local police department (presumably Reading, PA) to destroy it. Happily, the police convinced the widow to sell the gun (and others) to a gun shop and get the money out of them. And now this gun resides in my safe and it will NOT be taken away for destruction if I have anything to say about it.

 

[ken158]

You asked too many questions, thereby giving the prosecutor the ability to answer something that he really had zero to do with. If VA state law says something like "Firearms used in the commission of a crime are to be destroyed", then the firearm was destroyed per the law.

Unless your state law prohibits it, the firearm IS the serialized frame...The rest of the metal parts can be sold to a five year old, because they are no different in the eyes of the law than an iron gate hinge that was purchased at Tru-Value hardware.

Sorry you don’t like my answer, but here we execute the destruction order and the executed original goes in the court case file.

 

[MelvinWalker]

Sorry you don’t like my answer, but here we execute the destruction order and the executed original goes in the court case file.

I don't like or dislike your answer...Apparently, I just disagree with how the State of Virginia defines a firearm. The rest of the US defines it as the serialized frame. Everything else is scrap metal in the eyes of the law, (unless state law specifies otherwise).

 

[JimFr]

As we all here are Gun enthusiast in one form or another. and surf the web . Im sure some of us are aware of listings on various sites of "Parts kits" or "Repair parts lots"...If you'd notice the frame or receiver is always missing. In the listing there"s the disclaimer that particular piece has been destroyer by "court order"....Ok so I admit chop up the Lorcins and the Bersas,Hi points...you know the ones...But I for one have seen some really nice older Winchesters from the 1800's, 1911'S from WWI&2, Lugers and even Old Smith revolvers...Heck there was an older RM parts kit that ended on 5/11 that went for $2 THOUSAND!!...well you get my drift....Shouldnt there be an exemption for collectable/historical preference? What do you think?? lets here it

You just reminded me . . . . .Back in the early 1960’s, I was a LEO.
In a meeting room at the station, there was an old fashioned wooden office desk . . . .you know the ones with the very large, deep, file drawer down on the left side.
In this drawer were a bunch (level full ) of confiscated handguns . . . .mostly cheap “Saturday nite Specials,” . . . .and lying on top was an artillery model Luger!
All these were destined for destruction, but I bet some cop took the Luger before it was melted!

 

[Dan W. Cady]

Not all the parts kits are confiscated crime guns. Locally, there have been a number of "buybacks"and a lot of nice old collectable, and historical firearms have been chopped up and made into gardening tools to prevent "gun" violence. I have no clue if it's like that in other states.

Police, supposedly, check to see if the firearm is stolen, If so, the owner is contacted and the fireman is retuned. If not, the firearm is chopped up on site. Given the corruption among LE in NM, I wouldn't be surprised if some firearms disappeared after they are checked to see if they are "stolen".

In some of the news reports, there have been some very nice old firearms stacked on the table - optics on another table.

I strongly oppose the term "Buy Back" as the buyers didn't own the firearms to begin with!

 

[Wista]

As we all here are Gun enthusiast in one form or another. and surf the web . Im sure some of us are aware of listings on various sites of "Parts kits" or "Repair parts lots"...If you'd notice the frame or receiver is always missing. In the listing there"s the disclaimer that particular piece has been destroyer by "court order"....Ok so I admit chop up the Lorcins and the Bersas,Hi points...you know the ones...But I for one have seen some really nice older Winchesters from the 1800's, 1911'S from WWI&2, Lugers and even Old Smith revolvers...Heck there was an older RM parts kit that ended on 5/11 that went for $2 THOUSAND!!...well you get my drift....Shouldnt there be an exemption for collectable/historical preference? What do you think?? lets here it

I have been buying revolver parts on gun buster sites in for years now and I do this because of the fact that you can n

 

[MT99]

I would take a firearm if it was used in a murder if I was looking for that model. The bullet killed the person not the gun.

Rick

Damn those murderous bullets! Why aren't they locked up before going on a killing spree?

 

['79 Magnum GT]

Damn those murderous bullets! Why aren't they locked up before going on a killing spree?

You know what's even worse? All those guns that come into cities from non gun control states! They get off the bus and start shooting people left and right! According to some we lose 1 million people a day to them. Those bullets just implode and can take out a lung. There outta be a law!

Rick