XD Talk

Richard Conrad · 04-20-2012, 12:32 PM

Not sure where to post this. I live in Florida. This is gonna sound stupid but please bare with me. A few coworkers and I would always go target shoot together. One of my coworkers is a pretty big guy and he asked to try out my XD 45. He liked how the gun felt in his hands and he claimed it was the only firearm that fit his had perfect. I told him where he could go buy one. The next week we were to go shoot together and I was not able to go. He asked if he could borrow the XD and I said sure.

The following week he would not return the firearm back to me the reason being he wanted to buy it from me. I said sure if you want give me 700.00 for it. He said ok.. He of couse failed to pay and when I asked him to bring the firearm back to me he refused and said I would never get it back. At that time I was like screw it, it was not worth the haggle over at that point in my mind. I had to work with the guy and I did not want any work related issues over the XD.

This past November I asked him if he wanted to go shoot that weeked and he told me he coulden't. I asked why and he said the Sheriffs Dept had the firearm. I of couse asked why. He got into an argument with his live in girlfriend...thigs became physical...she left and went back and had a bunch of friends go to there house and confront him.

He gets mad..runs into the house retrieves my XD and of corse he was arrested and charged with Improper Display of a Dangerous Weapon. The XD was held as evidence for his court appearence and he was found guilty of 1st degree misdemeanor. He is on probation and told me yesterday that he would be given the firearm back after the probation period. His term of probation is that he is not allowed to have a firearm and he was charged twice for the action.

When I found out that my firearm was used, I called the Sheriff Dept to find out if I could get it back. My issue is I never reported it stolen because I was the one dumb enough to let him take it to the range before everything became an issue. Today I filed in small claims court to try and get my firearm back. The detective that worked the case would have been the one to decide to release the firearm back to me. He no longer is with the Dept. The case is closed with the defendent guilty as charged. I am Taking the Sheriff Dept to Small Claims Court to try and have the judge release the firearm back to me. I have the sell receipt and my 4470 paperwork showing that the firearm was purchased by me. I know I have to explain how the defendent became in posesion of my firearm. All in all I know I screwed up by trusting this friend. What should I expect at the hearing. I was told the Sheriff Dept has to make a case as to why I should not be givin the firearm back and my case will be based on that I am the owner of the firearm and everything related to it comes back under my name paperwork wise as far as 4470. The person who used the firearm in the wrong manner in my mind should not be givin the XD back because of what he decided to do with it. I hope to either have the Judge release it back to me or have him decide to have the firearm destroyed. I no longer work with this person. What do you guys think will happen. I have never been involved in a court hearing and I know I am going to look stupid regardless for not reporting the firearm as stolen or not being given back to me. Has anyone ever seen this happen or been involved in anything like this?

Medic738 · 04-20-2012, 12:53 PM

Well your right you should have threatened him that you would report it stolen. Then when he did not return it report it and have the firearm removed from him by the police. This guy is a MF piece of trash IMO. But as you say it's way to late for the previous actions to be done all you can hope is that you have a pro 2a judge. Good luck keep us posted.

Richard Conrad · 04-20-2012, 01:06 PM

I had talked with a detective about it at one point and he said all I could do was go to small claims court over it. I at that time though it would be a waste of time with his word over my word sorta thing and nothing would have come out of it for the most part. So that's how I was thinking at that point in time. I mean to be honest I do not really believe in the system when comes to disputes.

KenW. · 04-20-2012, 01:37 PM

If this were my jurisdiction, you'd just have to prove legal ownership and you could get it back when it is no longer needed by the prosecution. Provided of course that you are not a restricted person.

I seems your "friend" cannot prove ownership, so you should be getting it back eventually. If you want to speed up the process you can go to court.

Sharpie · 04-20-2012, 01:39 PM

Most police seizures are handled through an attorney.

My advice to you; If you want to retrieve the firearm... Contact an attorney to deal with it. Are you 100% certain the individual was allowed to be in possession of a firearm? If you find out he was an offender, or could be proven to be not of sound mind... You may sitting in legal trouble.

I have seen these cases personally come back and bite people in the rear.

If you are willing to take the risk and proceed further without an attorney I would recommend you do the following...

1. Contact your local District Attorney.
2. Send a requesting letter to the property clerk of your appropriate district. (Highly not recommended / Felon risk etc)
3. Report the firearm stolen.

Most police departments auction off seized firearms... If you really want to retrieve the firearm within a 6-9 month period... expect to sit in civil court.

Good luck buddy!

**EDIT

Before reporting the firearm stolen; Check with your state to see if there are any gun trafficking laws which require you to do so in a timely period.

Richard Conrad · 04-20-2012, 01:42 PM

All I have is the sell receipt and form 4477. I know he has no proof of ownership other then the fact he was in posetion of the firearm when arrested. I just don't want to go through a battle of words and I can not understand how the Sheriff Dept can dispute my ownership...I mean it's a joke........in a way so I dunno. I just hope what I have is enough court wise.

Sharpie · 04-20-2012, 01:45 PM

Quote:

Originally Posted by Richard Conrad

All I have is the sell receipt and form 4477. I know he has no proof of ownership other then the fact he was in posetion of the firearm when arrested. I just don't want to go through a battle of words and I can not understand how the Sheriff Dept can dispute my ownership...I mean it's a joke........in a way so I dunno. I just hope what I have is enough court wise.

How long ago did this incident occur? The three steps I listed above are the steps a practicing attorney would progress through in the state of Ohio.

**EDIT

I am not providing you with legal advice as this is an open forum. Just want to make that clear!

Richard Conrad · 04-20-2012, 01:57 PM

This is a civil court hearing between the Sheriff Dept and Myself at this point. Why would I need an attorny just to hear the Judge say yes or no. I am not there to argue over it. The person who displayed the firearm went to court in November. He was legal to own have a firearm at that time before the arrest. Here in Florida if you are not able to get a Hunting Licence then you will not be able to even have any firearm. I already checked his history through the Clerk of Courts and he has no prior record before this took place. I am not liable for what he did. I am however liable for letting him go target shoot with my firearm The case is closed and I can not file the firearm stolen since it was not taken from me in a maner as to OMG my GUN is gone. As I stated he asked to use it one weeknd I said it was ok but never had it returned. That by no means justafies me into telling a lie and making a claim that it was stolen at that point. I handed the item to him therefore I have to face the Sheriff Office as it is between them and myself. As I said I taled to the Sheriff detective and told them the cicumstance of what took place before my firearm was used in the wrong way. I was told to take him to Court at that time and I did not because nomatter who would have been given firearm at the point...still would have caused major issues at work. He ****** up..the item was taken from him and now I have the chance to get it through the court without the hassle of dealing with a defendent who would lie during each statement. My question regarding this post was what should I expect and would my paperwork be enough to hopefully have the judge turn the item over to me.

Sharpie · 04-20-2012, 02:05 PM

It is unfortunate you are going through small claims court. I am uncertain of the legalities of being able to sue the police department to obtain forfeited goods from a third party...

Common sense would lead me to believe it is property of the ex co worker regardless of its forfeited state. I would of thought there would be a civil suit vs the individual rather than the state.

Good luck again! Most civil suits vs state go unfavorable.

Braenen · 04-20-2012, 02:12 PM

One thing is for certain, legal issues involving firearms abuse is not a joke. Be careful. Taking the wrong action can land you in some seriously hot water.

Contact a lawyer. Get some valid legal advice regarding the exact circumstances as they relate to your state and the federal laws. This is the wrong place to be asking these questions.