A friend of mine had a gun stolen about six years ago. He was contacted by the local PD about a month ago and informed that his gun was located in Chicago, we are in Tennessee.

The local PD thinks this gun was used in a murder in Chicago.

What are the odds he will get this gun back?

This message has been edited. Last edited by: Hammer1967, August 17, 2020 06:53 AM

Just one gun stolen? Let me guess, a truck/car gun?

Keep after the department and make it clear that he wants his property back; just because it was used in a murder (maybe) does not mean it is not his property, or that the property has decreased in value. The agency has NO right to destroy it pursuant to a conviction, nor does a judge have the legal authority to order it's destruction.

did he report it stolen?

and did he file a claim on his insurance?

Nope, not even if they offer to give it back

quote:

Originally posted by lyman:
did he report it stolen?

and did he file a claim on his insurance?

Yes he reported it.
Do’nt know about insurance.

If it was used in a murder, he won’t get it back. They will destroy it.

I remembered when I was younger and worked at a gun shop, there would be people selling a pistol that a family member used to end their life. I wouldn't be interested in it at all....for some people, it wasn't a problem.

He won’t get it back. Here’s why....
It’s evidence in a murder case.
Even if the guy is found guilty, they will keep the evidence until he has exhausted all of his attempts at a re-trial or overturn.

Trials take years to get to court, appeals can last a lifetime.

The only way he will get the gun back is if the suspect is found not guilty. And then the judge may just order it destroyed anyway...

After 6 years, unless it is a wildly expensive custom 1911 or something, I'd just write it off as a lesson learned that killed somebody in Chicago. Just my .02.

Jim

OP - if Chicago PD wants you to come in to identify and try handing it to you, be afraid, very afraid.

I had a gun stolen in 2011; it was recovered in a narcotics bust 18 months later in 2013 in Chicago (what are the odds ); returned to me in 2014; case appealed and I sent the gun back to CPD in 2016; returned to me for good in 2018. Lost a VM2 holster and the mag.

Surprisingly, the gun was still in the same shape as when it was stolen.

So, odds are...maybe.

If the insurance company paid out then is the gun the property of the company?

I hate to pile on with bad news, but if it's evidence in a murder, it's gone. That evidence can't be released until the conclusion of all legal procedures, including any potential appeals. If the Suspect is found not guilty but the weapon is tied to the crime by ballistics, it will remain evidence in an unsolved crime until such time as the case is prosecuted. Murder cases are never closed without an arrest and conviction.

I had a weapon I sold get used in a homicide in a neighboring state once. Many, many frantic hours of searching finally found the paperwork on the sale. It had probably been about 5 years since I'd sold it. Lord knows how many hands it had passed through in the interim, but mine was the last one on the ATF trace. Fun times.

quote:

Originally posted by Beanhead:
I remembered when I was younger and worked at a gun shop, there would be people selling a pistol that a family member used to end their life. I wouldn't be interested in it at all....for some people, it wasn't a problem.

I've bought and sold 2 that I know off,

one thru an insurance company, they disclosed it,,

the other , unfortunately, was used by a friends brother to kill himself,

friend wanted it gone, so I bought it from him (and sold it later)


however, it is just a tool, so no heeby jeebies on my end

quote:

Originally posted by mr kablammo:
If the insurance company paid out then is the gun the property of the company?

yes

quote:

it will remain evidence in an unsolved crime until such time as the case is prosecuted. Murder cases are never closed without an arrest and conviction.

I recently got to spend some time in a musty old basement occupied by a very large police agency's "property room". It wasn't really a room, but more of a warehouse type space. In one portion of this space they had some of these. Rows of them stacked on top of one another. Hundreds of them running up and down with small aisles in between.




I asked the guy in charge what they were, and he said that it was all unsolved murder evidence. Many tractor trailer loads worth.

quote:

Originally posted by lyman:

quote:

Originally posted by mr kablammo:
If the insurance company paid out then is the gun the property of the company?

yes

Technically, yes it belongs to the insurance company.

real world - it's probably up to you to call them and say "hey-I got the gun back. come and get it". To which they'll most likely say - "keep it, it's not worth the trouble". Unless it's a really expensive/nice gun.

Update

Our local PD has been contact with Chicago PD. They would not give details of the case, they did give him a case number. At this point CPD is saying he should be able to get this gun back when the case is closed. But they don’t know when that will be due to C19 slowing down the courts.

Can he find out anything with the case number?

Not sure about Chicago, but up here you can file for the case info of a closed investigation only. Active or pending cases are accessible only by the lawyers to maintain integrity of the investigation.