I Finally Got My Weapon Back Today BUT I Had To Prove Ownership First...

EAGLE EYE 444

King Casanova
For any of you that don't really know me, Please don't think that I am some crazy thug or nine other names as well. I am a law abiding citizen that refuses to be trampled by anybody as I have lived a good life and I will always protect my family and friends from harm in whatever way possible.

I am curious if this requirement mentioned above also is required in any of your home counties/towns etc.

Even though all of the bogus charges were dismissed entirely for me on Wednesday, December 8th, and my court date had been set for Thursday Morning, December 9th at 8:30 AM. It took me another week to be able to get my weapon back and that was really not a problem for me.

I brought it home this morning after signing for it and answering in writing to all sorts of questions/paperwork. Keep in mind that apparently the standard procedure is that any weapon confiscated during an arrest where that weapon was used as such would be tested in a ballistics environment at the Crime Lab to check and see if this weapon may have been used in another crime anywhere else.

Personally, I don't have any problem with that requirement, as NOW, two of my Glocks have had this ballistics testing done in the past and both were ultimately cleared and have now been returned to me. In the first happening back over 12 years ago, I fired my Glock into the ground to help detain and deputies ultimately arrest 3 subjects that had broken into a neighbor's house that I was watching for them as the owner was in the hospital at the time. The first deputy that arrived actually got into a knock-down, drag-out scuffle with one of these subjects as they continued to fight even after a second deputy arrived and was able to help get cuffs on this person. Even then, the suspect tried to kick out the windows in the back seat of the patrol car....before being "locked down to an eye-bolt" in the center of the back floor before they were transported to jail.

After that event, all that I did was to call the actual Sheriff as I knew him and his Chief Deputy and asked when could I get my weapon back because I needed it as I would be traveling on my Florida vacation just a week from then AND BACK THEN, SOME IDIOT WAS SHOOTING UP VEHICLES ETC ON INTERSTATE 95. No problem, as he called the Crime Lab and asked to have that weapon on (Case # @%&*) back in his office as quickly as possible, and next morning, I went by his office and retrieved it as such. No Problem at all for me as I am NOT a Thug, Crook, Trouble-maker as such.

The reason that I share this with all of you is that yesterday when I had to make an appointment to retrieve my weapon at 10 AM this morning, I was advised that I must be able to show ownership records such as a Bill Of Sale showing that I was indeed the owner of this firearm. THAT WAS NO PROBLEM for me and I gladly advised them that I would have that with me when I visited their office this morning. Thankfully for me, I actually purchased that particular Glock from a super-nice GON MEMBER that was in the military, from Byron, Georgia back on 12/4/2011 and I have kept a copies of that original Bill Of Sale of that transaction. I actually have four Model 23 Glocks, .40 caliber and three of them were purchased from members of this website. I also have several long guns that I purchased from another member on this site back close to 12 years ago.

THE FACT IS THAT I DON'T KNOW ABOUT THE LEGALITY OF THEIR REQUEST TODAY FROM THIS CURRENT SHERIFF. I do have numerous Bill Of Sales on various firearm transactions over the years and this requirement doesn't bother me but I wanted to pass this information to others as you may some day run into the same situation that I did in this case and it would be much easier if you did have that information readily available.

I am curious of the comments that others might have in this situation.
 

Railroader

Billy’s Security Guard.
I don't have any bills of sale or sales receipts, but I do record serial numbers...

If I can recite the serial number, I figure that should do...

Glad you got your pistola back.

*Lotta folks still want to hear the tale ..
 

jiminbogart

TCU Go Frawgs !
I wouldn't have proven squat. I have no receipts for any of my guns. I have enough junk to keep up with.

They would be giving me my gun back. That's a natural fact.
 

Lilly001

Senior Member
The “proof of ownership” shouldn’t be a problem if you are the one they took it into custody from.
Otherwise evidence of ownership equal to the legal “preponderance of evidence” rule should suffice. And there are many ways to do that. Especially if no one else is claiming ownership.
The test firing is another thing.
If you know it’s my gun, and you test fire it without probable cause that it was used in a crime I think you are trampling my rights and may have committed a reversible error.
 

WayneB

Senior Member
Interesting in that I build most of my handguns. I build a lot of 80%, and a few from scratch so there are no manufacturers' names, serial #, or visible markings on the exterior frame or slide. I do have ID markings under the grip scales for my own recording.
My real proof of ownership would be they received it from me, the boxes the parts shipped in, or my makers' marking under the grips.
I wonder how that'd go..?
 

Crakajak

Daily Driveler News Team
The “proof of ownership” shouldn’t be a problem if you are the one they took it into custody from.
Otherwise evidence of ownership equal to the legal “preponderance of evidence” rule should suffice. And there are many ways to do that. Especially if no one else is claiming ownership.
The test firing is another thing.
If you know it’s my gun, and you test fire it without probable cause that it was used in a crime I think you are trampling my rights and may have committed a reversible error.
I had 3 guns stolen from me back in 2004.Every year the LEO office sent me a letter wanting me to renew the report.After 7 years I find out that 2 of the guns were recovered within a few months of the thief.I only had to show I.D to recover from the LEO dept.but was an act of Congress to get an appointment and then it took them 2 hours to find them in the evidence room.The charge officer stated it was better to melt the guns Instead of them getting back on the streets.I told him to go get my property and theny study the constitution.He looked at me like he didn,t know what I was talking about.
 

LTZ25

Senior Member
Had a pistol stolen and then recovered by Atlanta police in a traffic stop then went to get it back after being called by an honest police officer and it was restolen by Atlanta police , never got it back .
 

Lilly001

Senior Member
So the question is ...If you don,t have a bill of sale what happens to the gun?
Looks llike a little bit of liberal backdoor confiscation to me.
In a sane world you would only be required to show the basic facts that it is your property. Like I know it’s mine because you took it from me. Or some other basis like I know it’s mine because the circumstance of the case indicates it’s mine and no one else is claiming it?
But when politicians inject their own agenda it can become a hassle.
It shouldn’t be.
 

Crakajak

Daily Driveler News Team
In a sane world you would only be required to show the basic facts that it is your property. Like I know it’s mine because you took it from me. Or some other basis like I know it’s mine because the circumstance of the case indicates it’s mine and no one else is claiming it?
But when politicians inject their own agenda it can become a hassle.
It shouldn’t be.
I don,t have an issue to show I.D what got me was the willingness of that particular (suburban Atlanta) Leo agency to trample on my property rights.
 

jollymon

Senior Member
I have pictures of my handguns showing the serial number and in the picture is my carry permit , definitely proves it's mine because I don't have a lot of bills of sales
 

ddgarcia

Mr Non-Libertaw Got To Be Done My Way
The agency that seized a firearm is required to issue a receipt upon seizure. That receipt would be proof of ownership.
Not so fast my friend. That is merely proof of POSSESSION not ownership. It is possible go be in possession of an item, legally, and not own it.
 

Lilly001

Senior Member
Not so fast my friend. That is merely proof of POSSESSION not ownership. It is possible go be in possession of an item, legally, and not own it.
As I understand the law (ha!) the ownership is a question of civil law.
And, in most states, it should be governed by civil law which sets the standard at a preponderance of evidence.
 

ryanh487

Senior Member
Law says innocent until proven guilty. If the SN isn't reported as stolen and they took the gun from you, there should be no further requirement to receive it back. I'd be in touch with a GCO or GOA lawyer so that the the proper procedures can occur to bar this activity in the future.
 

livinoutdoors

Goatherding Non-socialist Bohemian Luddite
Unless im missing something they have to give you the gun back. We dont have a firearms registration so how could you or should you prove its yours if you dont save a bill of sale. How could you prove a hat or jacket they take from you is yours? Or money when they take that?
 

oldfella1962

Senior Member
The “proof of ownership” shouldn’t be a problem if you are the one they took it into custody from.
Otherwise evidence of ownership equal to the legal “preponderance of evidence” rule should suffice. And there are many ways to do that. Especially if no one else is claiming ownership.
The test firing is another thing.
If you know it’s my gun, and you test fire it without probable cause that it was used in a crime I think you are trampling my rights and may have committed a reversible error.

good point - if the authorities take a gun from you and record the serial number (and confirm your identity at the same time) then to get the gun back all you should need to do is prove your identity. The authorities didn't need to see a sales receipt when they took the gun from you, so they shouldn't need a sales receipt to return it to you.
 
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