Police holding gun

Discussion in 'The Constitutional & RKBA Forum' started by MoHntr, Jun 25, 2010.

  1. MoHntr

    MoHntr New Member

    Jun 25, 2010
    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.


  2. red14

    red14 Well-Known Member

    Aug 17, 2009
    N FLA
    Welcome to the forum. Something sounds
    shady in the 'Show me state'.

  3. pinecone70

    pinecone70 Active Member

    Jul 30, 2008
    Minnesota Gal!
    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.
  4. wpage

    wpage Active Member

    Aug 25, 2009
    Sounds like the peoples republic of Illinois or NY...
    Maybe NJ.
    One of the communist States that knows nothing of the bill of rights.
  5. MoHntr

    MoHntr New Member

    Jun 25, 2010
    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.



  6. Helix_FR

    Helix_FR Active Member

    Apr 14, 2009
    Imperial, MO
    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.
    Last edited: Jun 25, 2010
  7. lentz

    lentz Former Guest

    Mar 12, 2010
    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?
  8. Helix_FR

    Helix_FR Active Member

    Apr 14, 2009
    Imperial, MO
    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.
  9. MoHntr

    MoHntr New Member

    Jun 25, 2010
    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.
  10. dianalv

    dianalv New Member

    Aug 3, 2009
    Las Vegas, Nevada
    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.
    Last edited: Jun 25, 2010
  11. MarkF

    MarkF New Member

    Oct 12, 2009
    Kansas City, MO
    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.

    Last edited: Jun 25, 2010
  12. armedandsafe

    armedandsafe Guest

    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.

  13. Jim K

    Jim K New Member

    Dec 6, 2009
    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.

    Last edited: Jun 25, 2010
  14. MoHntr

    MoHntr New Member

    Jun 25, 2010
    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,

  15. 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.
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