Court Order to get your own property back??

Discussion in 'The Okie Corral' started by flakxd, Nov 10, 2010.

  1. flakxd

    flakxd

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    My house was broken into several years ago (2007) and just about everything I own was stolen from me, including my gun. Fast forward to two weeks ago, I get a call from the detective who originally worked on the case in '07, and they found my gun. Some guy was arrested with it out in California or somewhere, and they've had it out there for over a year now. She said it is on its way to Florida and I can get it back once they do ballistic tests on it to make sure it wasn't used in any crime. I just spoke with her again yesterday, and received a letter from the local police department, and they are both saying I need to get a court order in order to receive my gun back.


    Is this normal practice? I cannot afford an attorney to draft-up a letter to get some judge to sign, just to get back my own personal property that was stolen from me. The detective could not tell me exactly why I must go through these ridiculous steps, but said it was probably because I was arrested once before. This arrest (my only), took place when I was in high school (18 years old), over 10 years ago, out of state, for a petty misdemeanor. I am legally able to own a firearm, own several, have my CWP in Florida, and could go purchase a pistol and walk out of the shop with it the same day if I wanted.......without getting some court order from a judge. So why do I need one to get my own gun back? The letter I received today stated that the gun will be destroyed in a couple weeks (end of December) if I don't get the court order before then.


    Anyone here have experience with something like this? Any advice? TIA
     
  2. DRGNSLR

    DRGNSLR

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    If your community is small enough, you may try this (no guarantees to work in Miami):

    1. Find out which court/judge, by name, has the jurisdiction or authority to release your weapon (Probate court? Criminal Court? Civil Court?).
    2. Find out who has possession of the weapon, again by name and office (Sherriff Jones, Chief Smith, etc.).
    3. Make a copy of all papers you've received from the police authorities telling you your weapon has been recovered and attach them to the letter you are going to write to the judge (below).
    4. Write a letter to the judge, by name, quickly and succinctly explaining the circumstances of the theft, your ownership of the weapon, the deadline set for destruction, and that you’d like to have your property returned. You may want to prepare a piece of paper stating "I hereby order Sherriff Jones to release XYZ brand pistol, Model #ABC, Serial # 123456 to flakxd." Judges sometimes like the paperwork prepared for them.
    5. Go to the Court in question, talk to the Judge’s clerk and asked to be added to the court docket that day. You may have to wait around for a while (hours??) but any judge in FL worth his re-election should be glad to do this for you.

    Good Luck!
     
    Last edited: Nov 10, 2010

  3. flakxd

    flakxd

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    Thank you sir