I was a passenger in a traffic stop. Will my firearm be returned?

Question

The driver was arrested on a previous warrant. I was record checked and released. My gun was confiscated and placed into evidence as I was told by the arresting officer. They told me I should get a call in a week or so about them returning my firearm. This is the first time I've faced an ordeal like this. I was just wondering do they usually return the gun. I am in a state where there is no permit to purchase or there is no requirement to register the gun. It was unloaded as well. They allow open carry in vehicles to protect property and since no charges were filed against me and I simply had to call a ride from the scene. I was just wondering if I should expect it to be returned or should I go purchase another one for my self and home defense? They know it was mines and I have no convictions. This is in Colorado.

Answer 1

Based on the information that you provided, there was no valid reason for them to take it in the first place.

Answer 2

if the gun is clean and you can prove it is leaglly yours, you will get it back.

Answer 3

Just call them and ask them. We have no idea what they are doing with it. You shouldn't have to purchase another one because they have your other gun. BTW, why are you feeling so desparate that you feel the need to ruch to the gun shop and replace the other one?

Answer 4

If you were not involved in a crime, then your gun should be returned to you. It may just take a while. The department will check to see if the gun is stolen, probably test fire it for ballistics to see if it has been used in a crime, etc. This can a while.

Answer 5

The driver had an outstanding warrant and the weapon was obviously within his reach in the vehicle. That gives the Officer probable cause to confiscate it to determine if the weapon is stolen or owned by the driver. Even though you have said you own the weapon, the officer doesn't know that until he checks it with a federal firearms check. (he's not saying you're a Liar, but maybe you should be more choosy about picking your "friends") If everything checks out, it can be returned to you in a few days after the check is performed. But being released for return and being returned is two very different things, It'll be up to you to go get it. If by some chance you DON'T own the weapon and the driver does, or the weapon is reported as stolen, You will be up S.H.I.T Creek and have no paddle or life preserver.

Answer 6

You should follow up on this.  There is no harm in going into the local authorities and asking if they will release your weapon from the evidence locker.  Be careful who you hang out with.  If you or he had an open warrant for drug charges, etc. that gun could be used against you.  He may not be permitted to be in possession of or in a communal area with a weapon.

Answer 7

You should call them in a day or 2..until then research the state law regarding the return..when I had mine taken in for "safe Keeping"...it took me several months and a threat of a lawsuit to get it returned...cops don't want people to have weapons...and will find every excuse to confiscate them and not return them.

Answer 8

Most times weapons are placed into "evidence"  there may be some paper work (I'd write a letter or get an attorney to write it) to get it back.  

Your gun should have been placed into "property", in which you should be able to go down and sign it back out without a problem.

A lot of it will have to do with how "gun friendly" your local police are.

If you have a problem I would call a local Gun Rights Group in CO or the Local National Rifle Assoc. Office.  They both will be a help in getting it back if the police try to hold it illegally.

Answer 9

Get an attorney, it has been for years common practice not to return firearms when confiscated, its a kind of;  "Oh, I just forgot" game, often they say things like we can't find it, we lost it, or my favorite was always, can you prove it is your property?  It amazes me that confiscation still occurs in this country so prevalently.  Get a lawyer involved, the sooner the better, you may wish to contact the police first and see if they are going to play fair, but after the week expires, get the lawyer.

Answer 10

NOOOOO!!!!!

U JUST GOT JACK FROM A COP

LOL

4REALS MY DAD IS A OFFICER AND HE LEFT HIS GUN AT A HOTEL AND THE PLOICE OFFICE WENT 2 PICK IT UP

ASK 4 HIS INFO

THEN NEVER RETURN IT

AND ITS WAZ A CUSTOM MADE GUN

IT COULD GO STRIGHT THREW U

IDK IF IT WAS LEGAL

LOL HOPE U GUYS LIKE MY STORY

OHANF NOOOOO!!!

Answer 11

They should return it to you.  It was not involved in the warrant, arrest, or any other crime investigation.  I really question why they made you surrender it.  Demand your property back, but it is probably worth the expense to take an attorney with you.

Answer 12

The gun will be returned but don't expect a call. The gun shouldn't have been taken if you are giving all the details. I know the officer believed that he was taking the gun for officer safety reasons but I live and work in La, most cars have guns in them and we don't take these guns. Call there Property (CSI) division and the gun will be released to you.