View Full Version : Legal question
Tor Larson
09-15-2010, 21:00
Confiscated firearms? Returnrd or destroyed bt PD in Colorado?
Tor
i know when my friends daughter commited suicide with his gun, they returned to gun to him or tried to anyway after they ruled it a suicide, but i dont know from case to case
I have some limited experience with this. The gun was only returned because it wasn't used in a crime. It was confiscated for concealed carry without a CCW.
kidicarus13
09-15-2010, 21:33
1. If the firearm was not used in the commission of a crime but was taken as evidence the firearm can/will be returned when the law enforcement agency or District Attorney's Office decides they no longer need it as evidence. In most situations that will be after a case disposition has been reached or the DA NO-FILEs the case.
2. If the firearm was used in the commission of a crime and the owner is convicted of said crime the firearm will be destroyed. In rare instances some jurisdictions auction off these firearms.
3. If the firearm was stolen by the suspect and then taken as evidence (and the owner is not the suspect) the owner can show proof of ownership and they will receive it back when... #1.
Of course there will always be exceptions but for 98% of circumstances #1-3 will hold true. The time frame for a firearm to be returned can be as short as a few minutes up to a few years.
OneGuy67
09-16-2010, 09:46
I would agree with the last writer and add that on occasion, the agency will ask the court to turn the firearm over to the agency after disposition to be used by the agency.
My agency does this on occasion and we add it to the firearm exemplar room we maintain. We have some really neat, odd firearms in there.
I've heard of some smaller agencies requesting the court for a firearm or two for their patrol use.
on occasion, the agency will ask the court to turn the firearm over to the agency after disposition to be used by the agency.
That's what happened to my FA MP5.... [AR15] [BooHoo]
[ROFL1][Beer]
Totally off topic, but would it be legal for a PD to host their own fund raiser?.... I always see PD's saying they don't have enough x and x. Would they be legally allowed to solicit money and do fund raisers?
kidicarus13
09-16-2010, 10:12
Totally off topic, but would it be legal for a PD to host their own fund raiser?.... I always see PD's saying they don't have enough x and x. Would they be legally allowed to solicit money and do fund raisers?
No because someone would attempt to make a connection between the person/organization giving money to the PD, and in return, the person/organization receiving preferential treatment from the PD.
No because someone would attempt to make a connection between the person/organization giving money to the PD, and in return, the person/organization receiving preferential treatment from the PD.
Rgr, understood that point... what a shame. So does a PD buget come from the city then?
Rgr, understood that point... what a shame. So does a PD buget come from the city then?
Yes.
Proving this is one of the things I got banned from coptalk for~
ah... well, I'll let it alone then.
OneGuy67
09-16-2010, 11:56
Yes.
Proving this is one of the things I got banned from coptalk for~
Uhm..what's to prove? A municipality has a budget and a budget process and all departments within that municipality have a piece of the pie and their own budget. The police department is part of the municipality and has their own budget based upon the funds provided by the city. This is true for all governmental entities, county, state and federal.
The budget process is long! When I was a municipal cop, we started the budget process in July and the city budget was eventually approved in Oct/Nov for Jan 1. A lot goes into the budget process.
Byte Stryke
09-16-2010, 12:50
Uhm..what's to prove? A municipality has a budget and a budget process and all departments within that municipality have a piece of the pie and their own budget. The police department is part of the municipality and has their own budget based upon the funds provided by the city. This is true for all governmental entities, county, state and federal.
The budget process is long! When I was a municipal cop, we started the budget process in July and the city budget was eventually approved in Oct/Nov for Jan 1. A lot goes into the budget process.
think that's bad, try the budgeting process for a VFD
:(
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