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Back on May 26th, I told my sister via text that I was feeling suicidal. Of course, I did not mean it.
She told my parents who called the police because I was not answering my phone. Long story short, the local PD sent me to the ER for a psych eval and confiscated my Glock 23. The psychiatrist and social worker both deemed me non-suicidal and I was released. The PD told me I could get my gun back as soon as the Police Chief signed off on it. It is now August 18th and he still has not signed off on it. Do I have a right to berate the Police for not returning my property in a timely manner? Is there anything I can do to get my Glock back ASAP?
Find a local gun rights group and see if they have an advocate that will make some calls for you.
Barring that a nicely worded letter from an attorney might do the trick. A local or state gun rights group where you live would have a list of those lawyer that they work with on cases such as this. Many time they will do it for free if you are a dues paying member to the group.
You'd probably be better off just going Glock shopping. Not only would you get a brand new gun, but you'd find out if the incident is going to cause problems with the 4473.
Law enforcement is becoming more and more about liability, and less and less about actual law enforcement. If the sheriff were to return your gun to you, and you were to commit suicide with it, what do you think he thinks will happen? He's going to be more willing to risk your getting angry at him over a $500 gun that he thinks you'll eventually give up on than potentially face a lawsuit for wrongful death, negligence, etc.
You should keep trying, but do NOT spend any money on a lawyer or anything like that - it'll cost you more than the gun is worth, without any guarantee that you'll even get it back. Keep hounding him, writing letters, do whatever YOU can do on your own through the courts or whatever, but don't count on being successful.
Go down to the local police station and ask them why it has not been returned. If you don't get a satisfactory answer, ask for an appointment to see the police chief and talk with him. Ask him why he hasn't signed off on it. Be polite, but be direct. Remember, he can hold it as long as he wants.
Back on May 26th, I told my sister via text that I was feeling suicidal. Of course, I did not mean it.
She told my parents who called the police because I was not answering my phone. Long story short, the local PD sent me to the ER for a psych eval and confiscated my Glock 23. The psychiatrist and social worker both deemed me non-suicidal and I was released. The PD told me I could get my gun back as soon as the Police Chief signed off on it. It is now August 18th and he still has not signed off on it. Do I have a right to berate the Police for not returning my property in a timely manner? Is there anything I can do to get my Glock back ASAP?
Stating that you are suicidal is a serious thing. I am sorry to say but most people who even joke about that might have some truth in it. I of course do not know what context you said it to your sister in but getting your firearm back could be a problem since no one wishes to take responsibility if you have fooled people into believing you are not suicidal and really are and then use that gun to take your life.
I suggest that you really need to ask yourself why you made that statement and look deep inside yourself for an answer before ever having a gun around again.
You'd probably be better off just going Glock shopping. Not only would you get a brand new gun, but you'd find out if the incident is going to cause problems with the 4473.
Law enforcement is becoming more and more about liability, and less and less about actual law enforcement. If the sheriff were to return your gun to you, and you were to commit suicide with it, what do you think he thinks will happen? He's going to be more willing to risk your getting angry at him over a $500 gun that he thinks you'll eventually give up on than potentially face a lawsuit for wrongful death, negligence, etc.
You should keep trying, but do NOT spend any money on a lawyer or anything like that - it'll cost you more than the gun is worth, without any guarantee that you'll even get it back. Keep hounding him, writing letters, do whatever YOU can do on your own through the courts or whatever, but don't count on being successful.
Except that if you don't pony up for a lawyer to retrieve your property, you're implicitly endorsing that the police have the right to steal property that costs less than the price of a lawyer to get back, and it is theft.
On Liability, if the police are not liable for events such as Warren vs. DC, I very much doubt that they'd be liable for someone killing themselves with their own property that had been lawfully returned.
On the OP's situation, they really need to find out whether they're now considered prohibited under 11f of the 4473, just because they weren't found to be a danger to themselves or others doesn't mean they haven't lost their rights, were they committed? A lawyer can figure out both the return of property (either to the OP, or to the OP's trustee if he's now prohibited) and whether the OP has lost his rights at the same time (probably for a reasonable fee). If he filled in a 4473, and stated he had NOT been committed, but it was discovered that he had been reported as such (whether he knew it or not isn't relevant), he is guilty of a felony, and can be prosecuted (with subsequent loss of rights etc). The PD saying he could get his Glock back after the CLEO signed off, doesn't mean he hasn't lost his rights, it just means that whoever he asked thinks (but may not know) he hasn't.
On Liability, if the police are not liable for events such as Warren vs. DC, I very much doubt that they'd be liable for someone killing themselves with their own property that had been lawfully returned.
I have seen some cases where some pretty uninformed jurors have come out with some really crazy verdicts, so it is always possible to be sued and still cost a lot of money to defend.
I always laugh when they say a jury of your peers when in regard to police officers. How many on the jury even know a little about the law and what their job entails. How many respect the law and so on and so on. Look up peers and to me it would seem a police officer might be entitled to a jury of at least people who have an idea what their jobs is all about. Look at 2, do any of you actually believe that a jury is made up most often of people who fit those qualifications.
1. a person of the same legal status: a jury of one's peers.
2. a person who is equal to another in abilities, qualifications, age, background, and social status.
So back to the gun issue, yes it will all depend on what transpired during his contact with the police and the mental health provider.
I have seen some cases where some pretty uninformed jurors have come out with some really crazy verdicts, so it is always possible to be sued and still cost a lot of money to defend.
I always laugh when they say a jury of your peers when in regard to police officers. How many on the jury even know a little about the law and what their job entails. How many respect the law and so on and so on. Look up peers and to me it would seem a police officer might be entitled to a jury of at least people who have an idea what their jobs is all about. Look at 2, do any of you actually believe that a jury is made up most often of people who fit those qualifications.
1. a person of the same legal status: a jury of one's peers.
2. a person who is equal to another in abilities, qualifications, age, background, and social status.
So back to the gun issue, yes it will all depend on what transpired during his contact with the police and the mental health provider.
That presumes it gets to court, once that happens all bets are off. Much more likely is that it would never even see court, because there's no police liability, legally the police, unless there is a legal reason not to, have to return the property (unless doing so would be a crime).
If subsequently the OP took a lead check out pill, then where is the police liability? They have no legal liability to protect the individual (Warren vs. DC) which found "the fundamental principle that a government and its agents are under no general duty to provide public services, such as police protection, to any particular individual citizen. The duty to provide public services is owed to the public at large, and, absent a special relationship between the police and an individual, no specific legal duty exists." thus the plaintiffs would have to establish that a special relationship existed to successfully sue.
However DeShaney vs. Winnebago County found that no duty arose from special relationships with the exception of incarcerated prisoners or involuntarily committed persons, the finding:
"concluding that Constitutional duties of care and protection only exist as to certain individuals, such as incarcerated prisoners, involuntarily committed mental patients and others restrained against their will and therefore unable to protect themselves.", the OP is not nor has admitted to being an incarcerated prisoner, and is not involuntarily committed (since he wants his Glock back). Thus no liability exists under current precedent, even if seconds after getting his gun back, he redecorated the police station with his brains.
Wouldn't the medical staff be more liable anyway? They released the OP, and they do have a legal liability to protect the individual. So there is no legal (real or imaginary) reason for the police to not return his handgun.
You threatened to kill yourself and now can't understand why the Police won't return your gun?
In my neck of "the woods" that return would take a court order.
No Chief that I am aware of, would ever return the pistol under those circumstances, without that order...End of story.
What people fail to realize is that actions have consequences.
If you truly want it back, hire an attorney.
If you were serious....get help.
If you were "kidding", it wasn't funny... and.... get help.
When you sent the text, you apparently wanted attention.....Well....Now you've got it.
Congratulations though, very few people in this world actually get what they want.
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