Police holding gun

[MoHntr]

Hello everyone,

My half brother recently passed away. My full sister and I are the last of his family. He passed due to a heart attach. The police in Linn, MO took his gun and are holding it for some reason. We can't find a receipt for the gun anywhere in his paperwork. I called and talked to the Chief and he said they won't release it until he hears back from the ATF and toxicology reports get back to the coroner.
I called a local gun shop and they said they really shouldn't have taken the gun. Maybe a quick serial number check for crimes. Anyway the Chief said he would take the gun to a dealer - he couldn't give it to me or my sister. Then the gun dealer would give it to us.
My sister paid for the funeral expenses and I have his creamains here with me.
I understand a permit is no longer needed in Missouri. I am just wondering if there is something I can do or should I just wait it out. Sorry so long winded.

MoHntr

Missouri

[red14]

Welcome to the forum. Something sounds
shady in the 'Show me state'.

[pinecone70]

Sorry for your loss, and the stress of this situation doesn't make it easy. It sounds kind of strange to me, I can't imagine why they would just confiscate a firearm from someone's possessions like that.

[wpage]

Sounds like the peoples republic of Illinois or NY...
Maybe NJ.
One of the communist States that knows nothing of the bill of rights.

[MoHntr]

Yeah, even talked to the sherriff of an ajoining county. He said they should have just released it to my sister the day of. They released some titles to vehicles and all personal effects and listed them on a sheet of paper my sister had to sign. All seems weird to me as well.
I was looking around the ATF's website and it looks like it could be a pain to try and talk to someone there. Seems they want all legal questions in writing from what I seen. I'm still reading though.

Thanks,

MoHntr

Missouri

[Helix_FR]

He had absolutely no business taking anything from you. Unless your half brother committed suicide with that gun, there is no reason for the sheriff to take it. How did he get the gun? (the officer, not your half brother) Something is shady here my fellow missourian. Background check my a*$. ATF won't help much unless the sheriff dept can't give a good reason why they took it and why they won't give it back. Then its just theft.
Who is the executor of the estate now after his passing?
BTW I'm sorry for your loss, it stinks when loved ones are taken too soon in our lives.

[lentz]

Forgive me,but something doesn't sound right. If your half brother died of heart attack,why would police even enter house to take ANYTHING. I have never heard of this before.Family always takes care of titles and possessions.
Why were police at his home?

[Helix_FR]

Originally Posted by lentz

Forgive me,but something doesn't sound right. If your half brother died of heart attack,why would police even enter house to take ANYTHING. I have never heard of this before.Family always takes care of titles and possessions.
Why were police at his home?

If he died in his home I can understand why the sheriff was there to write a report. Thats it. He has no warrant to search or confiscate anything.

[MoHntr]

Wow thanks for the responses. I am trying to get ahold of my sister who was there. I assume the police where there because a neighbor found him and called 911 - I think. Soon as I get a hold of sis I'll reply back.

[dianalv]

If they did have a legitimate reason for taking the gun then there should be a receipt. Anything the police take should be tagged and documented and a receipt given to the family. I would ask for a receipt for the gun and some paper work from them explaining why they took it and when they plan on returning it.

My condolences on your loss.

[MarkF]

First of all I'm sorry for your loss.

He may have very well died of a heart attack, but if they're waiting on the toxicology then they haven't made a final ruling on his death. The police may have looked through the house in order to find information on his doctor so they could contact him to see if your brother had any medical issues that could have been the cause of death and/or to see if the doctor was willing to sign the death certificate. They may have also been looking for next of kin information so they could make the proper notification to you and/or your sister. The gun may have simply been taken for safe keeping. Once they've completed their investigation they should release the gun. They can't release the gun to someone who can't pass a NICS check, which is most likely the reason they're going through a dealer.

dianalv is partially correct. The police should have a report for anything they recover. While a record of what has been taken will be in the police "system", a receipt will not always be available to the family.

Again, I'm sorry for your loss.

Mark

[armedandsafe]

Send an email to your Attorney General. Explain that the police confiscated property and papers while in the home. Explain that all property and papers were returned except the gun. Then ask for an opinion on whether the police have authority under law to withhold the gun from the estate.

Be polite, be truthful and seek only an opinion on what law allows them to withhold your property. Complaining, or P&M will not advance your case.

Pops

[Jim K]

GET A LAWYER. Let me put it this way: G E T A L A W Y E R. In other words, get a lawyer. Don't complain to a politician, or some other LEO, and don't expect a bunch of folks on the internet to help you with a problem in Missouri.

Unless the death was suspicious and is being treated as a possible crime, or he was suspected of a crime, the police actions were not legal. If it is being treated as suspicious, then the actions could make sense. But one more thing.

Get a lawyer. Now.

Jim

[MoHntr]

Thanks again for the replies. Finally talked to my sis. Yes 911 was called and they found two bags of pot inside. I'm not sure how that affects the scene.

Thanks again,

[user]

Originally Posted by MoHntr

Hello everyone,

My half brother recently passed away. My full sister and I are the last of his family. He passed due to a heart attach. The police in Linn, MO took his gun and are holding it for some reason. We can't find a receipt for the gun anywhere in his paperwork. I called and talked to the Chief and he said they won't release it until he hears back from the ATF and toxicology reports get back to the coroner.
I called a local gun shop and they said they really shouldn't have taken the gun. Maybe a quick serial number check for crimes. Anyway the Chief said he would take the gun to a dealer - he couldn't give it to me or my sister. Then the gun dealer would give it to us.
My sister paid for the funeral expenses and I have his creamains here with me.
I understand a permit is no longer needed in Missouri. I am just wondering if there is something I can do or should I just wait it out. Sorry so long winded.

MoHntr

Missouri

The person who stood to inherit the firearm as of the minute the deceased passed away is the true and legal owner of the firearm. If the police keep it from that person, they've committed the tortious act called "conversion" and "trespass to chattels". They are also committing a federal felony, being in possession of a stolen firearm.

I think I'd just go ahead and file suit, if it were me.

[user]

Originally Posted by MoHntr

Thanks again for the replies. Finally talked to my sis. Yes 911 was called and they found two bags of pot inside. I'm not sure how that affects the scene.

Thanks again,

Makes absolutely no difference whatsoever. After the person is dead, it is not possible for him to commit a crime. And the ownership of the firearm passed, as I said before, at the instant of the death.

[MoHntr]

Thank you all again. I'm trying to get my wits about myself and have a bit more composure before I make any hasty decisions. Thank you so much.

Sincerely

[Silencer]

The police can hold a gun if it's part on an investigation. If it's not, they have to release it. However, here in California, the police are forbidden from returning firearms for any reason unless you have a DOJ:BOF Firearm Release Form filled out and approved.

To get one, you must get finger printed and then a background check performed, all at your cost. Then, pay for the FRF, fill it out, and HOPE the Department of Justice: Bureau of Firearms gets the approved form back to you BEFORE the background check is no longer valid, which means you would have to do it all over again if they didn't. At your cost.

Check with your Department of Justice: Bureau of Firearms and ask what the regs are. But first, demand a letter, on police department letter head, why the police wont release the firearm back to your sister. Have them state the make, model, caliber and serial number along with the length of the barrel and the finish of the gun in the letter.

If the police refuse, tell them you'll file a theft of firearm report with the Attorney General's office of your home state.

Good luck.

[mncarpenter]

Pot, guns and death. Read all the answers and then GET A LAWYER,as Jim K put it. As the old saying goes-A man who is his own lawyer has a fool for his client.

[carver]

Originally Posted by mncarpenter

Pot, guns and death. Read all the answers and then GET A LAWYER,as Jim K put it. As the old saying goes-A man who is his own lawyer has a fool for his client.

MoHntr, GET A LAWYER is absolutely the best advice that can be given to you. Also, I too, am sorry for your loss.

[Terry_P]

An attorney is the right answer. He will get quicker action and prevent you from saying/doing something stupid to get your butt in a sling which I suspect is just what the chief is after. If you do then he gets to steal your brothers firearm. Good luck and let us know how you make out.

[lawdawg]

As I was reading your post my first thought was: he needs a lawyer. Since so many have already given that advice I won't repeat it. I'm unsure about the laws in Missouri, so I will also refrain from giving advice there as well (that's why you need a lawyer). But it could be that since the police was conducting a routine death investigation, and discovered a firearm and dope in the same possession, they may be required or obligated to seize the firearm as well as the dope. In certain circumstances, the gun itself becomes contraband, just like the dope, and may not be required to be returned. Just because the offender is now deceased (sorry for your loss BTW) does not negate the fact that a felony was committed. Under ordinary circumstances during a routine death investigation where a gun is found and the death is ruled as natural, the police may run the serial number and release the firearm to a family member who is legal to possess it. They may confiscate it, for safety reasons, until such a person is found; but will immediately release it to them. But if the gun is determined to have been used in a crime, and technically it was (assuming MO laws are the same as AL) since it was in the same possession as illegal drugs, it may be confiscated. In other words: dude, you need a lawyer!

[red14]

Originally Posted by lawdawg

As I was reading your post my first thought was: he needs a lawyer. Since so many have already given that advice I won't repeat it. I'm unsure about the laws in Missouri, so I will also refrain from giving advice there as well (that's why you need a lawyer). But it could be that since the police was conducting a routine death investigation, and discovered a firearm and dope in the same possession, they may be required or obligated to seize the firearm as well as the dope. In certain circumstances, the gun itself becomes contraband, just like the dope, and may not be required to be returned. Just because the offender is now deceased (sorry for your loss BTW) does not negate the fact that a felony was committed. Under ordinary circumstances during a routine death investigation where a gun is found and the death is ruled as natural, the police may run the serial number and release the firearm to a family member who is legal to possess it. They may confiscate it, for safety reasons, until such a person is found; but will immediately release it to them. But if the gun is determined to have been used in a crime, and technically it was (assuming MO laws are the same as AL) since it was in the same possession as illegal drugs, it may be confiscated. In other words: dude, you need a lawyer!

Lawyer, regular guy.

[MoHntr]

Thanks so much. My sister talked to another officer that was at the scene today, they are trying to find where and who was in the last transaction in the sale of the gun. We are going to give it a few more days and just see what happens. We do have a lawyer in mind to assist us.

Sincerely,

[red14]

Originally Posted by MoHntr

Thanks so much. My sister talked to another officer that was at the scene today, they are trying to find where and who was in the last transaction in the sale of the gun. We are going to give it a few more days and just see what happens. We do have a lawyer in mind to assist us.

Sincerely,

Let us know what happens, OK?