Whether they do or not, there is no chance of the gun ever being returned to you. If anyone would get it back, it would be the person who filed the report when it was originally stolen.Bought the gun from an individual; of course, if I had a receipt, it's long gone.
Still the question, is it true what the sergeant in charge of the Evidence Room at Bexar County told me that ALL stolen weapons are destroyed? No exceptions?
What you describe would be patently forbidden by the U S Constitution !Whether they do or not, there is no chance of the gun ever being returned to you. If anyone would get it back, it would be the person who filed the report when it was originally stolen.
Also, it doesn't look like pawncop has been around for a while, unfortunately...
Returning property to it's actual owner is unconstitutional?What you describe would be patently forbidden by the U S Constitution !
No crime was committed here in Florida, but the local Sheriff's Office ran the numbers on my firearms and my Python, which I bought at a Houston gun show in 1998, turned up "stolen" in Bexar County in 1983. The SO sent the Colt to San Antonio and told me it's now a civil case between me and the original victim and that I might get the gun back.
However, the sergeant in charge of the Evidence Room at Bexar County told me that ALL stolen weapons are destroyed and I'll never see the revolver again.
Is that true? Or do I have any recourse?
Returning property to it's actual owner is unconstitutional?
To refresh, since it's been a while, the post I was responding to said they purchased a stolen firearm unknowingly and it was confiscated by LE. I replied that if it was returned at all, it would be returned to the owner as listed on the Police report.
Maybe I'm missing something, please explain if I am as this thread is old and haven't gone back through it in it's entirety.
Whats the statue of limitation, possession stolen fire arms. wa. stTo all members of Texas Gun Talk.
Allow me to expand a little further upon my introduction and comply with a request from Alan (Texas1911)
I work the pawn shop detail for my police agency. I am a reserve police officer for the last 29+ years. I worked patrol with the sheriff's office for 5 1/2 years from 1978 until 1984, patrol with my police department from 1984 until 2000. In 1993 I was given the task of working pawn shop tickets in addition to patrol duties and in 2000 was hired as the property and evidence officer until 2002. With my full time job and P/E I was working in excess of 76 - 80 hours a week and starting to be real cranky when I did not need to be. I went back to reserve status and remained as the pawn shop detail assigned to the Criminal Investigation Division. I presently work from 12 to 16 hours a week. I am assigned cases regarding firearms recovery and firearms theft/burglary/robbery.
Accordingly, I also deal with other stolen property along with other issues associated with pawn shop activities.
When it comes to stolen firearms and maximizing your chance of getting your stolen gun returned to you (and I really wish to emphasize how much I want you to get your firearm back) I am listing some suggestions on what you should have for each and every firearm you own.
1. A complete description of the gun to include:
Brand - Kimber, Glock, etc.
Type - handgun, rifle, shotgun, combo, etc.
Action - pump, bolt action, semi, revolver, single shot, side by side, over under, etc.
Caliber - self explainatory.
Model Number or Name - Classic II, G19, etc.
Serial number! - I cannot emphasize how important it is to have your serial number.
Any Accessories - scope, custom grips, custom stock, sling, case, extra magazines, speed loaders, etc.
Finish - blue steel, stainless steel, nickel, hard chrome, etc.
Barrel Length - self explanatory.
Sights - fixed, adjustable, front sight, etc.
Magazine Capacity - self explanatory.
Value - actual or replacement cost, I don't care.
Any additional information YOU feel is important, the officer may not feel it is a big deal but if YOU think it needs to be included in the report, make sure it is included. Now most officers know what needs to be in the report but it is YOUR report.
OK - if you don't know the serial number - and you should - where did you buy the gun? If it was from a Federal Firearms Dealer they will have the serial number. You need to know the date you purchased the gun as most dealers have their records by DATE OF TRANSACTION. This true even if the dealer has gone out of business. I can get that information, but will also need to know who purchased the gun. Have you ever pawned the gun? Because if you have, then the pawn shop will have the serial number. Have you ever had the gun in for repair? If you have, the dealer will have the serial number. It is essential to know when the gun was in for repair as most dealers have their records by DATE OF REPAIR.
Another point, a large number of complainants (victims) are often very reluctant to actually accuse someone of the theft or burglary. I understand this but it is essential to me to know who had access to the gun (or any property for that matter). I explain to my victims, you are not accusing anyone of the crime, that is my job, you are telling me who had access to the property, I will do the accusing. Be certain to give the officer names of individuals along with contact information. I cannot tell you the number of family members and "close friends" who have stolen from my victims and I assure you I need those names. Now is not the time to hold back and be nice.
Once you have filed a report, make certain that you stay in touch with the agency you filed the report with. One of my duties is called NCIC (National Crime Information Computer) validation. This means that we (the police department) must be able to make contact with the victim (complainant) on a yearly basis. If the complainant has moved, or the telephone number is no longer valid, then we are to remove the serial number once the statute of limitations has been reached. That means you are S-O-L. No chance of recovering your gun.
If validated, guns stay in NCIC forever. I have recovered one gun from out of state, (Topeka, Kansas reported in 1979, Smith and Wesson Model 15, .38 Spl) and was able to return it to the rightful owner. I cannot tell you how good it makes me feel to do that for a citizen.
If your gun is recovered by an agency other than the one you filed the report with, make certain your agency places a hold on the gun. If not, there is a possibility it can fall through the cracks and you do not get your gun back. This is particularly true if your gun, (no fault of your own) is used in a crime. Even if it is used in a crime, you still have the right to get your property returned to you. Do not be surprised if it takes a number of months or even years to resolve the criminal case. I had a H&K USP recovered in Tennessee where the guy was charged with UCW (unlawfully carrying a weapon) and it took nearly eight (8) months to resolve that case (a really simple case) before I was able to get it sent back to me for recovery purposes.
I have attempted to cover the high points, and certainly have not covered all the different variations. I am not an expert by any stretch of the imagination but this is what I do for my agency.
If any one has any questions do feel free to make a comment and I will monitor this thread and try to help in any way I can.