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I�m lookin� for so information from people with law enforcement experience. My father took his life with a S&W 357 back in September. I was notified immediately and showed up to deal with the legal matters at hand. The homicide detectives understandably took the gun from the scene as evidence. They also went to my father�s condo (half a mile from the scene) and did a detailed search of his place. I�m sure this was standard procedure; they had to investigate it as a homicide. During this search, they confiscated a pretty nice holster along with a box of rounds that had been left lying out before my father had left his place that morning.
The detectives told me at the time I would be able to retrieve the confiscated items when they were done with them, possibly with in a few weeks. What they didn�t know at the time was that the gun wasn�t registered to my father. It was registered to his father whom had passed away some years back.

I don�t think I really want this gun but I more so don�t feel like just giving it to the cops. It�s not been that easy for me to deal with. I�ve called about picking the gun up twice now. Both times they said they were not done doing all they had to do with it. I let a couple months blow by and then stopped in where they store all their evidence to see about picking it up. There I was told that they had had it but it was currently checked out to another agency that was doing a trigger pull test on it. They also commented on the fact it wasn�t registered to him but referred me on down the line to others that could offer some input on the subject which I followed up on and was just given more numbers to call. I stopped there, now another month or so has passed. I�m currently feeling up to dealing with this again�I think�

My question is this, considering the registration scenario, are they legally going to be able to give it to me? If not, How about the holster they took out of his condo? If they can�t, I wish they would have just said so and I would drop it instead of dealing with the run-around they have given me so far�

Idunno if something like this would fall under county, state or federal regulations but for what it�s worth this is being handled in Pinellas County Florida�.

I don't personally see how they could refuse it to you as long as you can get a permit. I'd ask a lawyer in your area. You may need one to get your belongings back. I'm sorry to hear about your situation. I hope it works out for you.

Jeff, First, I'm sorry about the loss of your Dad.
My prayers are with you and your family.

I'm unfamiliar with Florida laws concerning 'registration' of handguns?What are the laws down there?

Inasmuch as the matter was closed as a suicide, the firearm should be returned to the next of kin if they wish.
Did they give you some sort of a receipt when they took the revolver as eveidence initially?

You need to talk to a supervisor and get some straight answers.

There's no reason why they should still be 'examining' the revolver at this time.

***I suspect it has gone the way of many firearms which were originally logged in as 'property-evidence'..which is into the hands of some policeman.

Be polite, but persistent.Jim

I would be pissed off. First off, does a relatively freedom-loving state such as Alaska even have registration? There is no Federal registration of guns. Secondly, why would you need a permit? Do you have to have a pistol permit in Alaska? If I am right, I would be very interested to know exactly how the cops got this info in the first place. Where and from whom? At any rate, they have no business keeping it from you. It's YOUR gun, not theirs. Scumbags.

Edit: Oops, Florida. Doesn't matter. Same applies except for the freedom-loving part maybe. I still don't know of any state laws requiring you have a permit. If there are, you should be able to get one and then they give you the gun.

Scumbags.

Scumbags. In which case I would seek legal counsel and consider suing the county or city, whichever the case may be. And that would be regardless of whether I got the gun back or not. Cops stealing things needs to stop.

Scumbags.

I have friends who have lost guns to the police. Once they have a firearm in custody, I think they do all they can not to give it back. Either viewed as "another gun off the streets" or "it would look good in my collection." I've seen it again and again. The sooner you resolve the issue the better. Trigger test sounds like excuse. I'd ask the police chief what the specific procedure for returning the handgun would be. Get a time and a date or call the NRA's legal department and ask for advice. If I were in your shoes, I would not want the pistol, but I'd get it back and sell it through a gun dealer and buy a college bond for my child or a niece or nephew. I'm very sorry for your loss.

Jeff,

First of all, I am so sorry for your loss.

I was a police officer years ago and back then anytime we took property, we were required to provide them with a property recept.

As far as the gun being registered to your grandfather. That shouldnt be a problem. As long as the firearm wasn't listed as stolen.

Hope this all works out.

Since when did Florida register handguns to a person. Something is fishy on this. Les

Handguns are not registered at all in Florida. They are just like kitchen blenders and transistor radios, other than that you cannot carry them on your person without a license to do so, but not even the license records which handguns you own or can carry.

I hate to say it but this was my first thought as well. If it's missing you should be able to file a claim to get paid the value of the items. Time to ask for the Sherrif or head honcho and get some advice locally.

There's no reason I can think of why they would take the holster from another place, unless the cop wanted a holster for his new gun. Follow this closely. There is no registration requirement in Florida. You need to contact someone senior in the department. Find out the supervisor or higher person is and send them a registered letter requesting the status of the gun in writing.

Check with the coroner's office and find out if there had been a determination of death. If there has been a determination of suicide, there is no reason for them to keep the gun, and if there is still an ongoing investigation they should be able to provide you with a letter.

Unfortunately, occasionally stuff like this disappears and not always legitimately. If it goes beyond the above and people in the department are dragging their feet or don't reply, it may take a lawyer to shake things up. Then you have to decide if the gun is going to be worth the cost of whatever legal assistance you need.

It's probably just the bureaucracy. Find out who is handling the case and get a name. Talk to that person directly.

Good luck.

If they sent it to "another agency" shouldn't they provide some documentation for that. What agency gives a rats behind about trigger pull????

I think that New York might be the only state that requires a permit, and that each handgun you own be registered to the permit holder, just to own a handgun.

Thanks for the replies and condolences.

You guys sound about like I do in this matter..

I truly just don't know the details of the laws on registered guns and the transfer of them in a case like this.

I own a lot of firearm, both hand guns and rifles. I would think for them to hand me the S&W back, they would have to do a legal transfer, making it registered to me and I'm good to go legally with firearm registration..What may complicate things a little more than they already might be is that I am an Alaskan resident, my father and his father whom was the last registered owner were both Florida residents.

They offered me nothing showing they had taken the property. I was the only family member at the scene that handled anything at the time..

Interesting... I've not looked into the registered thing at all.
All I am going by there is that an officer at the evidence storage made the comment that it wasn't registered to my dad. I am going on assumption that it was registered to my grandfather only because I know he bought it new in Florida

JeffA,
By 'registration', the property officer may have been referring to a 4473 for that firearm in your Dad's name..?

There are many millions of handguns and firearms that have no 4473 ever done..and legally.

Be polite and persistent...Whether you keep the revolver or not, IF it is sold or disposed of should be your family's decision..not the PD'S..Jim

"I was told that they had had it but it was currently checked out to another agency that was doing a trigger pull test on it."


It would be interesting to know what "other agency" checked it out for the trigger pull test. This would have raised my eyebrows a little. If this was registered to your grandfather I am guessing it may be an older S&W and some of these are becoming quite collectible.

If you are the heir of your fathers estate/property there should not be a problem with you receiving the revolver, as long as you can legally possess it. If there was an attorney involved with the distribution of your fathers estate/property he or she may be able to get more/better answers for you.

By that I just meant Florida. The only reason I'd know anything about your state is because it was the beginning of the CCW movement and as such has been fairly much in the limelight. I know Missouri required a permit for a handgun until just last year. For all I know some other states may also.

He// I didn't know you could even get a legal handgun in NY. heheh

Off hand all I recall of whom they said had it at that time for the trigger pull test was what sounded like a federal agency. It was like a four letter term such as FA**, you know, just initials. At the time federal clicked into my mind but now looking back the F in the initials could have as easily stood for Florida.

I'm gonna call the last phone numbers they gave me while I am still in Florida today and jot a few notes down this time if they are still jacking me around on this.....

Have your lawyer sue them. What they have done is not legal. I bet one of the cops already has the gun at home with him. Guns do NOT need to be 'registered' in Florida.