It happened to me

Harvey7

New member
I evicted renters from a house of mine in Bisbee Arizona. Among the personal effects the renters left behind are a N.E.F. "Pardner Pump" 12 gauge shotgun, a bagie with marijuana residue, 2 meth pipes and a marijuana pipe. I contacted the police to see if they were interested in the drug paraphernalia and to check the numbers off the shotgun if it was stolen.
The policeman took the pipes for drug education and stated that he was taking the shotgun for "safe keeping".
Today is the day that Items left can be sold to recoup some of the losses I have encountered in this rent transaction. I went to the police station this morning to retrieve the gun.
They wont give it to me!
First the officer said that they would not release the gun to me, then he said that I may get it BACK if I Get a writ from the eviction judge and then Transfer the gun through a dealer to my self. I should never have let the policeman touch the shotgun in the first place. I tried to do what is right and the police screwed me over for it. I thought we were on the same side, stupid me. It will cost me over $70. to get back a shotgun worth $100.
 
Quote:I tried to do what is right and the police screwed me over for it. I thought we were on the same side, stupid me....First of all, it wasn't the police that screwed you, you did that to yourself...

Once a firearm is identified as not belonging to the person turning it in, they have laws and regulations that they have to follow regarding the handling of the item...There are federal and probably state laws that cover 'found' property and it's disposal, especially firearms, or any other if it has financial value...

If you wanted to keep the firearm, you should have called in the serial number, prior to calling the police regarding the drug items, and indicated that it was offered 'for sale' to you and you wanted to check before buying to insure that it wasn't stolen property...
 
Originally Posted By: OldTurtle

If you wanted to keep the firearm, you should have called in the serial number, prior to calling the police regarding the drug items, and indicated that it was offered 'for sale' to you and you wanted to check before buying to insure that it wasn't stolen property...

You're saying he should of lied to the police?

You're former LE correct?

scared.gif
 
Harvey,
Calm down, you are all worked up over a $100.00 shotgun. You did the right thing, that shotgun did not belong to you and it must be turned in to authorities. If you hadn't done so and the owners reported it as stolen and you got caught with it at some point later - boom you just caught a felony case. What if it had been used in a crime and you are the one caught with it? For dam sure not worth it. That scenario could be turned on you at some point if somehow you lost one of your guns or it was stolen and later recovered by another person. Finders keepers doesn’t work when it is flipped does it? I realize the renters owed you money but there are laws in place and a procedure that must be followed. As a landlord you best become very familiar with those laws and procedures.

The cops are also doing the right thing. The cops don’t have the authority to hand the shotgun over to you. Law enforcement has a protocol they must follow and that requires a writ from a judge. Imagine if the cops did have the authority you want them to have and how easy that would be to abuse that power. No way would that be a good thing. Having a protocol in place with an official and legal track record of recovered or found property protects everyone involved. It is the system and in this case it is in place for a sound reason.

OT, really?
 
All being said you can't help but think that the officer just got him or one of his buddies a free shotgun!! Had the same type situation happen regarding PD taking a high dollar pristine skeet gun under their "supervision" in regards to a case it was involved in.. After a lingering time and many phone calls, face to face and finally attorney fees the gun was returned beat to sh$t !! Make of that fact as you will!!
 
I tend to agree with Old Turtle and think I would of worded it a little different. I would of told the police that in lieu of some unpaid rent I had taken partial payment of a firearm and didn't want to be in possession of what could possibly be a stolen firearm and I also have some found items they might be interested in. It would of covered his behind and as the owner of the gun the police would of had no reason or right to have taken possession of the gun unless it was stolen. And if the deadbeat tenant claims stolen gun he could offer to return it when delinquent rent is paid in full. If deadbeat tenant has a felony conviction he will probably let a dead dog lay.
 
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John, your scenario is better than OT's with fewer complications for Harvey. Personally, I see it differently. Not telling the truth and taking property that doesn't belong to you are nice ways of saying "lie" and "steal." At the end of the day it is the same.
 
Nicely said........ Just make sure prior to rendering any item over for the "protection" of the PD take plenty of pictures and better yet video and then hand them a copy ... That little bit of information I will share with you for free.. Even though it did hit me in the pocket book more ways than I like to remember.... I'm sure my experience is a isolated case at least that's what I tell myself!!!
 
Sooner or later people will learn that as a group,cops are more scandalous than the average joe. And when someone books out on the rent, you hold everything they leave, until you are paid in full. It's a civil matter. It's not illegal for you to hold a shotgun that was left by a bunch of crackheads. It's illegal to be on drugs and own a shotgun. And this bs if it was used in a crime now you caught a felony is wrong in this situation. It takes more evidence than some crackheads left a shotgun in your rental unit.
 

Harvey- You did the right thing. In New York State you cannot hold someone's property because they owe you money. I can't imagine it's legal in any state. And to lie to the police isn't right, either. Most everybody who decides to do unethical things, and even break laws, can always figure out ways to justify it, but it's still wrong. People do it every day. The cost of that shotgun isn't worth the damage to your conscience.
In Proverbs 19:1 it says "It is better to be poor but honest than to be a lying fool. "-BIBLE PROVERBS 19:1.
Also-
Even a child shows what he is by what he does; you can tell if he is honest and good.-BIBLE PROVERBS 20:11.
 
Quote:You're saying he should of lied to the police?
You're former LE correct?.....Doggin,,,No..What I was indicating, even though I should have stated it better, is in many cases, abandoned property on legally owned rental property reverts to the real estate property owner as long as it is not the fruits of a crime or a patently illegal item...

The original post just hit a nerve with me as there are those that start whining about how corrupt LEOs are when there is not documented indication that it is a factual case...

I spent my career as one, and of the many guys and gals that I worked around, backed up and been backed up, on various kinds of calls and incidents, and take pride in doing the best that they can, with what they have to work with, it tees me off considerably when there is an assumption, and a discriminatory attitude that all LEOs are out to screw over the general public when it's the members of the general public that usually put themselves in the position of a negative reaction...
 
Explain why their are a higher percentage of cops comitting crimes than concealed carry permit holders. Look up police corruption in LA, New Orleans, Philly, Chicago, Milwaukee, Chicago, New York. It's not as if its a rarity. By nature power corrupts, just look at politicians. And Old Turtle if your honest with yourself you surely saw police corruption if you spent your whole career in it.
 
Catskinner,
You are correct in that it is a civil matter. Who decides who gets what in a civil matter? The courts do, so a judge has the say in what the end result will be. Not the cops and not the property owner. I think that is what I was getting at.

As for explaining the percentage of cops committing crimes vs. ccw holders; please cite your credible references and the actual real percentages. Also, since you have the true numbers at hand, expand that to cops vs. average joe general public you mentioned above.

Guess this is sliding downhill off topic to a cop bashing thread, huh? Gee everybody loves one of those.
 
Catskinner,,,I didn't say that there were not individuals that did wrong things, and the few that I'm aware of were dealt with by their peer organizations and the Criminal Justice system...But to paint an entire organization or vocation with a broad brush is not only unfair, but IMHO extremely insulting...
 
Old Turtle, I didn't say 100% are corrupt. But to act like police corruption is a rarity is absurd. I personally just don't trust them 100% of the time.
 
No ones perfect even in LEO's. I'm just stating and actual event that happen to me and my family.. Whether or not you want to believe it happened is on you... Just passing along some general direction to help protect yourself and your items "guns" in this transaction so everyone is kept honest .. I'm not slamming on LE have friends and a family member that is a MSHP.. They seem to agree....
 
Originally Posted By: Harvey7I evicted renters from a house of mine in Bisbee Arizona. Among the personal effects the renters left behind are a N.E.F. "Pardner Pump" 12 gauge shotgun, a bagie with marijuana residue, 2 meth pipes and a marijuana pipe. I contacted the police to see if they were interested in the drug paraphernalia and to check the numbers off the shotgun if it was stolen.
The policeman took the pipes for drug education and stated that he was taking the shotgun for "safe keeping".
Today is the day that Items left can be sold to recoup some of the losses I have encountered in this rent transaction. I went to the police station this morning to retrieve the gun.
They wont give it to me!
First the officer said that they would not release the gun to me, then he said that I may get it BACK if I Get a writ from the eviction judge and then Transfer the gun through a dealer to my self. I should never have let the policeman touch the shotgun in the first place. I tried to do what is right and the police screwed me over for it. I thought we were on the same side, stupid me. It will cost me over $70. to get back a shotgun worth $100.

I'm confused as to why they took it to begin with.

Isn't it legally yours? And were you not simply asking them to run the SSN?


Travis
 
Old Turtle, could you please clarify this statement:

" and a discriminatory attitude that all LEOs are out to screw over the general public when it's the members of the general public that usually put themselves in the position of a negative reaction..."

Specifically the last half.
 
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