I was arrested.

[BrandonW]

How long has it been since the charges were dropped?
I'd give them maybe a week, then start calling at least every day, maybe twice a day.
Or go to your county court & file a petition to get a judge to order them to return your property immediately.
Have them bring it to court & hand it over. Might need a bailiff to carry it outside so you won't be arrested for possessing a firearm in a courthouse.

It's been two and a half weeks now. I've been calling every monday.

 

[DocWalker]

Two - Three weeks, you need to send them a bill for rental of your firearm.

 

[JoeSparky]

Two - Three weeks, you need to send them a bill for rental of your firearm.

With a charge PER ROUND FIRED!!!!!!!!!!!!

 

[BrandonW]

Two - Three weeks, you need to send them a bill for rental of your firearm.

I'd love to, but I just want the gun back, which is starting to seem impossible.

 

[45 Fan]

Just send them a bill, 10$ an hour until the gun is returned. And 1$ for every round fired by them, with said firearm. Losing money is about the only thing local governments care about. And I would suggest finding a lawyer and seeing about how he can help you. Police hate when the law comes into their jobs.

 

[Mike]

I'd love to, but I just want the gun back, which is starting to seem impossible.

Get an attorney and sue for failure to provide due process - notice and opportunity to be heard as to why property should not be returned to you - see Ford v. Turner (DC Ct. of Appeals). Look for an attorney who is familiar with 42 USC 1983 actions - the idea is to sue where they are week - suing to get the gun back is not the way to go - suing for due process and atty fees per 42 usc 1983/1988 is the way to go - its like turning up the heat on a lobster - makes them want to jump out of the kettle.

 

[We-the-People]

Get an attorney and sue for failure to provide due process - notice and opportunity to be heard as to why property should not be returned to you - see Ford v. Turner (DC Ct. of Appeals). Look for an attorney who is familiar with 42 USC 1983 actions - the idea is to sue where they are week - suing to get the gun back is not the way to go - suing for due process and atty fees per 42 usc 1983/1988 is the way to go - its like turning up the heat on a lobster - makes them want to jump out of the kettle.

What's the possibility of generating a wiki or other such reference source here with guidelines on how to file a 42 USC 1983 suit? Or perhaps a state by state listing of attorneys that are known to be good with firearms and/or 1983 suits?

 

[BrandonW]

What's the possibility of generating a wiki or other such reference source here with guidelines on how to file a 42 USC 1983 suit? Or perhaps a state by state listing of attorneys that are known to be good with firearms and/or 1983 suits?

I contacted an attorney today and he said he'd get back to me on Friday. It has now been three weeks that they've had a release for my firearm. I called the Property and Evidence Division for what seems like the millionth time, and apparently my firearm is STILL at the Oregon State Crime Lab. I'm sick of the complete lack of explanation.

 

[Citizen]

I contacted an attorney today and he said he'd get back to me on Friday. It has now been three weeks that they've had a release for my firearm. I called the Property and Evidence Division for what seems like the millionth time, and apparently my firearm is STILL at the Oregon State Crime Lab. I'm sick of the complete lack of explanation.

You're just a pathetic peasant. No courtesy is due you.

Welcome to the ranks.

Kinda sick isn't it? The normal rules of decency and common courtesy don't apply. You and me? We're courteous, polite, and considerate because that's just the decent thing to do. But government doesn't "have to", thus too often its agents don't. What kind of person only acts courteously or is considerate only when compelled by law?

 

[BrandonW]

You're just a pathetic peasant. No courtesy is due you.

Welcome to the ranks.

Kinda sick isn't it? The normal rules of decency and common courtesy don't apply. You and me? We're courteous, polite, and considerate because that's just the decent thing to do. But government doesn't "have to", thus too often its agents don't. What kind of person only acts courteously or is considerate only when compelled by law?

I have no idea. It truly is disturbing how little even the city government values its citizens. I just want my property and my firearm returned me. The charges against me were dropped 10 hours after I was arrested, and in that time they claim to have sent it to the crime lab. That was two months ago, and I'm still trying to find out what is really going on.

 

[Mike]

What's the possibility of generating a wiki or other such reference source here with guidelines on how to file a 42 USC 1983 suit? Or perhaps a state by state listing of attorneys that are known to be good with firearms and/or 1983 suits?

Information on how 42 USC 1983 lawsuits work Google's up easily; most state bars have a web site or service to link you with attorneys experienced in various types of law including 42 USC 1983 and many attorneys are open to contingent or blended fee arrangements - remember, under 42 USC 1983 and 1988, if you substantially prevail, the state government agency or locality will normally be required to pay your attorney fees in addition to the damages awarded in the settlement agreement. These damages have been trending up - 2 ssettlements for open carry harassment in Wisconsin and New Mexico were well over $20,000.

These cases google up pretty easily.

 

[BrandonW]

So I called today and after a month it's still not back from Salem. I'm at a loss as far as what to do. I contacted an attorney but they've yet to get back to me. I have no idea what to do.

 

[F350]

So I called today and after a month it's still not back from Salem. I'm at a loss as far as what to do. I contacted an attorney but they've yet to get back to me. I have no idea what to do.

That or it's in some cop's personal collection and they are just waiting for you to get tired of trying to get it back.

Go ahead and report it stolen, you can always report it recovered if you get it back.

http://www.atf.gov/firearms/how-to/report-theft-loss.html

If you want to sue per se (yourself) this might do you good

http://books.google.com/books/about/Section_1983_Litigation.html?id=3KeIAAAACAAJ

 

[BrandonW]

That or it's in some cop's personal collection and they are just waiting for you to get tired of trying to get it back.

Go ahead and report it stolen, you can always report it recovered if you get it back.

http://www.atf.gov/firearms/how-to/report-theft-loss.html

If you want to sue per se (yourself) this might do you good

http://books.google.com/books/about/Section_1983_Litigation.html?id=3KeIAAAACAAJ

I wouldn't doubt that at all. From the minute they were arresting me, they were going on and on about how nice my firearm was and how new. It has exactly one ten round mag through it. What will me reporting it stolen do if some cop has it?

 

[notalawyer]

That or it's in some cop's personal collection and they are just waiting for you to get tired of trying to get it back.

Go ahead and report it stolen, you can always report it recovered if you get it back.

http://www.atf.gov/firearms/how-to/report-theft-loss.html For FFL Holders Only

If you want to sue per se (yourself) this might do you good

http://books.google.com/books/about/Section_1983_Litigation.html?id=3KeIAAAACAAJ

Terrible advise. Filing a false police report is illegal in most jurisdictions.



Get an attorney, file a writ of replevin.

 

[BrandonW]

Terrible advise. Filing a false police report is illegal in most jurisdictions.



Get an attorney, file a writ of replevin.

I saw that, and I'm working on getting one. Thanks

 

[We-the-People]

I saw that, and I'm working on getting one. Thanks

Did you ever contact Kevin at Oregon Firearms Federation? He's worked wonders for people in the past, including getting retained firearms returned in a timely manner (though in this case timely is long past so it would be "sooner rather than later").

 

[BrandonW]

Did you ever contact Kevin at Oregon Firearms Federation? He's worked wonders for people in the past, including getting retained firearms returned in a timely manner (though in this case timely is long past so it would be "sooner rather than later").

Yes, Kevin is working with me and he is awesome. There was a bit of what will hopefully be a breakthrough and solution, but if not he is ready to help me with the next move.

 

[We-the-People]

Yes, Kevin is working with me and he is awesome. There was a bit of what will hopefully be a breakthrough and solution, but if not he is ready to help me with the next move.

Glad to hear it. I thought you must have after hearing him on the Bill Meyer's show.

 

[BrandonW]

Glad to hear it. I thought you must have after hearing him on the Bill Meyer's show.

Well, after an awful two months I have my firearm back. I'm still working on the other property but the most important part is taken care of. Thank you guys, for all the help.