Lawrence PD property return

[Truckerman79]

Long story short, back in July I was charged with a felony involving my handgun and it was seized (along with my LTCH) by Lawrence PD. The charges have been dismissed. I took a certified copy of the dismissal to the police department. They told me that they would have to run a background check in order to return my property. They said they would call the following day. This was Tuesday. I called today and the property clerk said she would check with her supervisor and give me a call. I did not receive a return call.

How long should I expect to wait before getting my gun back?

 

[bigcraig]

Have your attorney call them next time.

 

[Chance]

Long enough already

Time for the lawyer! If there are no charges, they have no right to retain your property.

 

[IndyGunworks]

shouldnt have had to of waited another day.

 

[curraheeguns]

Speaking solely to the license and not the firearm, If the department took your license and ISP suspended it solely on an arrest alone then it is state code that it must be reinstated after an acquittal.

However, if the PD or ISP feels other "issues" with a person should keep them from continuing with a valid permit then they can request the license be revoked permanently.

In that case it goes before an administrative judge who decides the outcome.


IC 35-47-2-5
Suspension or revocation of license; failure to return license; rules concerning procedure for suspending or revoking license
Sec. 5. (a) The superintendent may suspend or revoke any license issued under this chapter if he has reasonable grounds to believe that the person's license should be suspended or revoked.
(b) Documented evidence that a person is not a "proper person" to be licensed as defined by IC 35-47-1-7, or is prohibited under section 3(g)(5) of this chapter from being issued a license, shall be grounds for immediate suspension or revocation of a license previously issued under this chapter. However, if a license is suspended or revoked based solely on an arrest under section 3(g)(5) of this chapter, the license shall be reinstated upon the acquittal of the defendant in that case or upon the dismissal of the charges for the specific offense.
(c) A person who fails to promptly return his license after written notice of suspension or revocation commits a Class A misdemeanor. The observation of a handgun license in the possession of a person whose license has been suspended or revoked constitutes a sufficient basis for the arrest of that person for violation of this subsection.
(d) The superintendent shall establish rules under IC 4-22-2 concerning the procedure for suspending or revoking a person's license.
As added by P.L.311-1983, SEC.32. Amended by P.L.140-1994, SEC.7; P.L.2-1996, SEC.285; P.L.120-2001, SEC.2; P.L.1-2006, SEC.535.

 

[762minigun]

sounds like you need to go back down there

 

[ocsdor]

You could file a small claims lawsuit against the PD for the replacement cost of your firearm and the $20 fee for the replacement of the LTCH, plus court cost.

Disclaimer: I am not a lawyer nor giving legal advice. This is just an opinion based upon my amateur knowledge of law.

 

[Glock Lover]

You could file a small claims lawsuit against the PD for the replacement cost of your firearm and the $20 fee for the replacement of the LTCH, plus court cost.

Disclaimer: I am not a lawyer nor giving legal advice. This is just an opinion based upon my amateur knowledge of law.

Or.....stop doing things that could be construed as felonies.

 

[Truckerman79]

Or.....stop doing things that could be construed as felonies.

Heh, if only you knew the facts of the case.

 

[Truckerman79]

I called the property clerk today and she said the the background check was not back yet. She said it doesn't usually take this long and she would call when they receive it. She said everything else "checks out" and they are just waiting on this background check. I'm going there in person Monday and if they are still stalling I'll get my attorney involved.

Thanks to everyone who replied.

 

[JUMBO]

lpd has moved up to 59th and post fyi if u didnt already know!

 

[ThrottleJockey]

LOL, you actually think you're getting it back? Expect long delays and stall tactics, then expect to hear all sorts of excuses, then .........You may as well just go buy a new gun.

 

[Flintlock]

LOL, you actually think you're getting it back? Expect long delays and stall tactics, then expect to hear all sorts of excuses, then .........You may as well just go buy a new gun.

No.

That's when you get your lawyer involved.

 

[ThrottleJockey]

That's when you get your lawyer involved.

And spend weeks, months, maybe years waiting without a gun. I;m not saying don't, but go ahead and get another in the meantime.

 

[GlockRock]

Heh, if only you knew the facts of the case.

Lets hear them.

 

[haldir]

Maybe it hasn't sufficiently rusted yet from the dip in the salt water... Remember the Katrina folks. Some of the published stories said that the NRA had to sue to get their guns back and when they got them they were rusted junk.

 

[Trujillo107]

yeah that background check story is pretty sketchy, I was a army recruiter and use to get background check back in minutes. I'd get an attorney.

 

[jedi]

Any updates on this?

 

[Josh Ward]

Lets hear them.

Indeed.....

 

[derrickgoins]

I'd agree. Time to call in an attorney. I work for a security company and we have full background checks back in a day.