New question I’ve been pondering ever since I got my CCW license recently and it has to do with buying a replacement CCW carry pistol after being found justified & innocent in my case (hypothetical). I’ve read and learned that theres a strong possibility that I’ll never get my pistol back during or after my court case. So my questions stems from will the case be on my record ? and if so will it bar me or anyone from buying future guns? since we all do a background checks at gun stores to purchase. Any input will be most appreciated.
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If you are found justified I would expect you would receive the weapon back, but it may take time for them to process it. Yes the arrest will be on your record, but if the outcome of the case finds you “not guilty” or “dismissed” then there wont be a conviction on your record. In turn, a lawyer may be able to have the arrest “expunged” from your record. Furthermore, I don’t believe you would have a problem with future firearms purchases.
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I agree with brother @G.Washington. If you are found not guilty your arrest record can be expunged. However once the gun went into police custody you may not like the way it looks when it’s returned to you. When we made gun collars in NYPD we etched our initials and case numbers into the firearm.
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That is so wrong, morally, and ethically, and I would have suspected legally, defacing someone’s property.
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When we did this though they were criminals guns seized in narcotics raids or were used in robberies, not self defense cases.
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It still seems wrong. I gather none of them were stolen and returned to their rightful owners.
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I can understand this from an evidence tracking perspective, but still, if they were stolen guns that had a chance to get back to their original lawful owners?
(Edit: Dang, @Dave17, I should have typed faster.)
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We are talking NYC when guns get confiscated they will destroy them quickly after the cases are adjudicated.
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Yes, I understood you were discussing NYC. I have heard that confiscated property is generally not properly handled and leads to items being damaged, but intentionally damaging and destroying someone’s property takes that to a whole other level. So, apparently, ethics, morals, and laws take a backseat in the NYC PD.
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This has nothing to do with ethics and morals it was procedures that had to be followed and if the guns were stolen and used in crimes they are etched with the arresting officers initials.
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Well, the procedure is morally and ethically wrong, and legally questionable. Worse, you stated the property was subsequently destroyed, rather than finding the rightful owner and returning the property. This also is further proof that the purpose of tracing is to find someone criminally liable, not the legal owner.
I am pro-police, but I am anti bad procedures and policies.
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I’m not upset over what you stated I’m just giving you facts and procedures and if the procedures upset you I advise you to write a letter to the right persons or politicians and see how they may be able to help. I mean I understand what you are saying but I couldn’t change the policy.
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@Dave17,
I’m not disagreeing with you brother relax. It’s easier said than done to return the guns back to their rightful owners which would have been ok in my book.
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Dave it’s New York. Moral & ethical? It’s New York. Dave for the love of God, it’s New York. Lol
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Yes, I understand the position you were placed in. You might not have been able to change the policy, but without trying, one never knows. I bought a timeshare many years ago. I read all of their materials the night after the presentation. The next day I had several or more questions about what I read. They did not have ready answers and referred my questions to their headquarters. The next day they had answers and also stated that due to my questions, they were re-writing their materials. I was not trying to have them change their materials, only have my questions answered. If one does not try, one cannot succeed.
NYC policies do not affect me, so I don’t really care, but that does not make what their policies and procedures are moral, ethical, nor lawful. I just picture if I had a firearm stolen, the ATF tracks me down, then the PD, instead of returning the property, defaces it, then destroys it. They found the lawful owner, but did not return the property. What was the point of the trace? Obviously to try to find if I had criminal intent, not to find the lawful owner. To me, they are in violation of the law for knowingly possessing stolen property and not returning it to the lawful owner. I seriously doubt my not having “skin in the game” and writing about my disapproval of their procedures will have any value, but an officer involved in the process surely would. I know that you are retired, so it is no longer your problem.
I hold nothing against you. You have written many posts showing that you are a good, moral person, with a strong grounding in what is morally and ethically right.
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Seems that people don’t get get guns back from gun buy backs no questions asked. This is a common practice that police departments around here do. You can ask a attorney MikeBky on this we’d site. I think it would be a problem if you answered yes to : have you been arrested: let us know what’s up.
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I still watch Perry Mason, they etch their “marks” on all the “murder weapons”.
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In a small town like mine I’m sure the Sheriff would return it same day😀
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It’s my understand that firearm evidence submitted in a case where the owner of the weapon was found guilty, then they wont get the firearm returned. This may touch a bit on “evidence chain of custody”
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