Conditons of Guns After Held For Evidence

[nwwoodsman]

Has anyone ever had a firearm returned after being held as evidence by police? If so, what condition was it in? My initial thought is that in order to preserve evidence that they would take relatively good care of a firearm, but maybe they just throw it in a box and hope it doesn't rust. Any expertise or experiences will be greatly appreciated.

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[Ops]

had one stolen in 95 and came back with extras

 

[Cerberus Group]

I ran an evidence room for awhile, and did crime scene reconstruction...firearms were placed in safes etc. Shouldn't be placed in plastic...draws moisture, paper bags allow for air the flow around it.

As for keeping it same action position, not necessary...after photos taken in place, firearm then rendered safe.

 

[TTSX]

I think it depends on the quality of officer. I'm sure more than one evidence gun has been to the range on the down low

 

[billdeserthills]

Back when Katrina came to New Orleans, authorities were busy seizing guns from citizens & storing them so poorly that even this Hi Point was destroyed

The Shootist - The Shootist Luxury Suites

Gordon Hutchinson Concealed Carry Training FRIDAY, JULY 4, 2014 The Much Maligned “9” It happened again at an afternoon barbeque a few months ago. One new acquaintance commented he was looking at buying a new pistol. “What caliber?” Asked the other new acquaintance. “I dunno,” first guy said...

www.theshootist.net

 

[Sawdust]

A little over twenty years ago I had the unique opportunity/obligation to clean/restore a small J frame for a friend of mine. The weapon had been used in a murder-suicide by my friends brother. Very sad story......

I couldn't believe it, but the police released the pistol to the next of kin (my friend) after the investigation was complete. The weapon had not been cleaned or maintained at all while in custody and stored in a brown paper bag. They had literally picked up the weapon at the scene, unloaded it, and stuffed it into the bag, with all sorts of blood and tissue still clinging on. By the time the pistol made it to my bench the salts from dried blood and tissue had done quite a bit of damage and pitting to the stainless. As a sort of grim reminder my friend had wanted to keep the pistol as a memento but couldn't bring himself to clean the gun himself.....understandably.

So to answer your question, in my experience, they bagged it as they found it. No care given. Of course it wasn't like they needed to do any testing or present the weapon in court so.....

 

[Cerberus Group]

Not sure why folks think LE has the time to clean "evidence" weapons. Weapons are preserved in the condition they were found for a reason...should any legal proceeding come up within the time it is kept. Should LE clean an "evidence" weapon, the possibility of tampering with evidence may come up.

 

[Longwalkhome]

My brother had a Remington semi auto shotgun and 22lr Marlin stolen out of his pickup as a young man. His shotgun was used in a crime and the police kept it in evidence for 13 years then gave it back to him.

 

[Pizza Bob]

I think it depends on the quality of officer.

Most assuredly. I was the victim of a gun burglary in the mid-80's. Only one of 6 guns was recovered. It had been used in the robbery of a KFC and then discarded in a drainage ditch along side the road. This was a MK IV Series 70 Gold Cup and the detective in charge of the case was a real class act.

He detail stripped the gun, cleaned and oiled it and wrapped it in an oiled rag before committing it to the evidence locker. When I finally got it back, it was actually in better shape than when it was stolen.

I took the detective and his wife out to dinner by way of thanks.

Adios,

Pizza Bob

 

[Forester]

Had one seized and it came back 6 months later in the same condition.

 

[nwwoodsman]

Not sure why folks think LE has the time to clean "evidence" weapons. Weapons are preserved in the condition they were found for a reason.

I'm not sure why folks think that either. Has this been topic been brought up so frequently that merely asking how firearms as evidence are handled has become an annoyance? Thank you for addressing the actual question that was posed with your second sentence. For someone involved with and inexperienced in a matter such as this, I do not find it unreasonable to ask about what might be expected upon the return of a firearm

 

[Cerberus Group]

I've heard of horror stories, so unfortunately one's property is treated as well as the attitude and care to detail of the person in charge of evidence.

This subject has come up now and then. The authority to release evidence comes from the prosecutor or DA, not the LE agency. Even in the event of a suicide, the firearm is still held until the investigation and coroner reports are cleared.

With the mountain of cases etc., some evidence release in a timely manner gets lost...so a inquiry of the property owner is not a bad thing.

 

[ZigZagZeke]

I had a half dozen guns stolen in a burglary in Stockton, CA in the 80's. The neighbor saw the perp and called the police. They caught him and recovered my guns and a lot more from his house. They called me to come down to the station and identify which ones were mine. There were about 30 guns to choose from at the station. I identified mine and was sorely tempted to "adopt" others that I was pretty sure would never be claimed, but didn't because I'm an honest person.

Not so for the police. They had had my firearms in their custody since they busted the perp on his way out of the house, about 24 hours, I think. Everything with a detachable magazine was missing the magazine. The police "found them that way". The magazine out of my Colt 1903 was an original (1915 mfr date) and worth a lot of money ($100 at the time, $200 now). The Ruger magazine I replaced for $20. They knew that I knew that they were lying, but what could I do? Call the cops?

 

[DeanfromOregon]

My grandfather killed a man and wounded another who broke into his Ford dealership (he and my Grandma lived upstairs). Sheriff scratched his initials into the stock of the shotgun he used. Still have it!

 

[American123]

Back when Katrina came to New Orleans, authorities were busy seizing guns from citizens & storing them so poorly that even this Hi Point was destroyed

The Shootist - The Shootist Luxury Suites

Gordon Hutchinson Concealed Carry Training FRIDAY, JULY 4, 2014 The Much Maligned “9” It happened again at an afternoon barbeque a few months ago. One new acquaintance commented he was looking at buying a new pistol. “What caliber?” Asked the other new acquaintance. “I dunno,” first guy said...

www.theshootist.net

but don't you know the police would never go door to door confiscating guns from citizens who haven't committed crimes.

 

[Ducati_Meister]

What gun? Lol lord knows when I'll get mine back, if ever. Was stolen 2.5 years ago when my car got broken into. Recently the detective assigned to the case said my stolen gun got tied to another case when I contacted him for any updates, so I've written it off at this point.

 

[Nick Burkhardt]

Not sure why folks think LE has the time to clean "evidence" weapons. Weapons are preserved in the condition they were found for a reason...should any legal proceeding come up within the time it is kept. Should LE clean an "evidence" weapon, the possibility of tampering with evidence may come up.

Tampering with the evidence you say...

Report: Prosecutor had crime lab repair 'inoperable' pistol before charging St. Louis couple

While the gun was at the crime lab, staff members field stripped the handgun and found that it had originally assembled incorrectly.

www.lawenforcementtoday.com

 

[Cerberus Group]

Tampering with the evidence you say...

Report: Prosecutor had crime lab repair 'inoperable' pistol before charging St. Louis couple

While the gun was at the crime lab, staff members field stripped the handgun and found that it had originally assembled incorrectly.

www.lawenforcementtoday.com

That doesn't fall into the definition of tampering, as everything that was done with the pistol was documented and presented to court.

 

[Flopsweat]

It seems to me they have a duty to take proper care of any item that they confiscate. When they recover stolen property, it's still the right thing to do.

 

[nehalemguy]

A little over twenty years ago I had the unique opportunity/obligation to clean/restore a small J frame for a friend of mine. The weapon had been used in a murder-suicide by my friends brother. Very sad story......

I couldn't believe it, but the police released the pistol to the next of kin (my friend) after the investigation was complete. The weapon had not been cleaned or maintained at all while in custody and stored in a brown paper bag. They had literally picked up the weapon at the scene, unloaded it, and stuffed it into the bag, with all sorts of blood and tissue still clinging on. By the time the pistol made it to my bench the salts from dried blood and tissue had done quite a bit of damage and pitting to the stainless. As a sort of grim reminder my friend had wanted to keep the pistol as a memento but couldn't bring himself to clean the gun himself.....understandably.

So to answer your question, in my experience, they bagged it as they found it. No care given. Of course it wasn't like they needed to do any testing or present the weapon in court so.....

This mirrors my experience.

In the '90s I worked at a LGS. Every once in awhile relatives of a suicide victim would bring in firearms after they were released. Understandably, they often did not want them so they would come to our store to get rid of them.

In particular, I remember one family that brought in a 1911 still in the evidence bag. During cleaning, we found dried hair and tissue inside the barrel and blood stains on the exterior.

-E-