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Posted: 3/26/2015 12:13:59 AM EDT
:confused:
So I thought I would go ahead an start this thread because I'm at a dead end on what should be done next.  I will get the details of the names and judge involved and up date the post later but here is my question.

I sold a SGL-31  5.45 Saiga AK74 to a friend like two years ago. His house was broken into and the AK along with a 1911 his only two firearms, I think a laptop and a few other things as well. The NOPD (New Orleans police department) arrested someone responsible for multiple burglaries in his area and tried to cut a deal if he would produce property he had stolen no luck. The day before this guy was to make his first court date for the burglaries a search warrant was served on a drug dealer and the AK was recovered. (the 1911 still hasn't been found)

Jumping ahead the drug dealer pleads guilty to the charges so great, the rifle won't be needed for the usual long Nola court cases.

So my friend begins the process of trying to get his rifle back from the police. No dice. Just lots and lots of run around. NOPD wouldn't release it in the end without a court order. After asking for the bill of sale from me, then the bill of sale notarized, then a background check (that was clean)  suddenly only a judge could allow it's release.

So my friend got an attorney to file for it's release and had his day in court with all the paperwork even some more that I got from the FFL the transferred it to me years ago. In the end the judge said he would not return it because it was an "assault weapon"

He contacted the NRA they said they really only help with things that set a precedent and it would cost more to keep up with attorney fees than the value of the rifle.

Soooo any ideas? It's like he's been screwed twice, one by the crackhead that broke in and again by NOPD/judge.
Link Posted: 3/26/2015 12:16:42 AM EDT
[#1]
Complain to the BAR association or whatever judges fall under.  Appeal to a higher court?

In for an actual lawyer's opinion.
Link Posted: 3/26/2015 12:39:01 AM EDT
[#2]
That's fucked up
Link Posted: 3/26/2015 1:11:01 AM EDT
[#3]
Link Posted: 3/26/2015 6:22:35 AM EDT
[#4]
Write a letter to Jindal.
Link Posted: 3/26/2015 10:05:43 AM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote History


Thanks. Looks like something he can do on his own without spend more on attorney fees.
Link Posted: 3/26/2015 11:41:24 AM EDT
[#6]
If your friend's insurance paid out for a claim on the gun when it was stolen, it belongs to the insurance company.

At this point he may not want it back, druggies typically don't take decent care of their firearms, and it's been sitting in the LE evidence locker for a while now as well, assuming it hasn't been destroyed yet, which many PD's do with all guns that aren't needed as evidence any more.
Link Posted: 3/26/2015 1:13:34 PM EDT
[#7]
Contact Second Amendment Foundation. They do long haul litigation on gun rights, but publicity is another weapon in the arsenal. See if they're interested.



https://www.saf.org/



Another thought. Contact local investigative reporters, print and TV? Generally not gun friendly, but withholding a citizen's property because of a pejorative label? Horse hockey. Some investigative journalism is in order. You never know, they might uncover a trend of citizens not recovering their property after criminal cases have been disposed of? Perhaps they're attempting to hide the fact that it's in somebody's personal collection now, or they simply lost it?
Link Posted: 3/26/2015 2:45:00 PM EDT
[#8]
Quoted:
He contacted the NRA they said they really only help with things that set a precedent and it would cost more to keep up with attorney fees than the value of the rifle.

Soooo any ideas? It's like he's been screwed twice, one by the crackhead that broke in and again by NOPD/judge.
View Quote


This.
Unless your buddy wants to spend big $$$ for the sake of fighting the good fight he's better off saving his cash for a new firearm.
I'm assuming there's no sentimental value or other fact that makes this particular AK special.
Link Posted: 3/26/2015 3:11:12 PM EDT
[#9]
Wonder if small claims court would work vs the police.
Link Posted: 3/26/2015 3:16:13 PM EDT
[#10]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
If your friend's insurance paid out for a claim on the gun when it was stolen, it belongs to the insurance company.

At this point he may not want it back, druggies typically don't take decent care of their firearms, and it's been sitting in the LE evidence locker for a while now as well, assuming it hasn't been destroyed yet, which many PD's do with all guns that aren't needed as evidence any more.
View Quote


He didn't have renters insurance.
Link Posted: 3/27/2015 7:05:56 AM EDT
[#11]
Didn't we already talk about this Here? Do you have more than one account or is this a joke?
Link Posted: 3/27/2015 9:26:00 AM EDT
[#12]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Didn't we already talk about this Here? Do you have more than one account or is this a joke?
View Quote



Link Posted: 3/27/2015 9:42:37 AM EDT
[#13]
"NOLA court case" is all I needed to hear.



This is one of the consequences of living in a place with that much corruption.




The NRA is right, the rifle is worth less than an hour or two of lawyer time.




Bitch about it on facebook, send some FOIA requests to see if it didn't walk off from the evidence room if you want to harass them.




But, don't think you are going to get anything back. It's not like they grabbed it during a dog barking complaint, it IS evidence to a certain extent. Just not in a case they are going to bother with.
Link Posted: 3/29/2015 6:18:28 PM EDT
[#14]
Outrageous, yes. Surprising? Not at all...

Some PDs sell the guns they confiscate. It's much more profitable for them to sell them in a police auction than to return them to their rightful owners. Depends on the location and state laws, I don't know about New Orleans. From what I hear, it's almost impossible to get your guns back once the police lay hands on them, even if the judge orders them to be returned.

EDIT: They might be operating under civil asset forfeiture laws. According to those, the property itself is charged with a crime. After all, your friend's gun did commit a crime when it allowed itself to be possessed by a drug dealer.
Link Posted: 3/29/2015 9:00:34 PM EDT
[#15]
Your understanding of civil forfeiture is quite wrong.
Link Posted: 3/30/2015 10:19:53 AM EDT
[#16]

Discussion ForumsJump to Quoted PostQuote History
Quoted:


Your understanding of civil forfeiture is quite wrong.
View Quote
What he describes is exactly what happens.  Go smoke some more weed.

 
Link Posted: 3/30/2015 2:19:15 PM EDT
[#17]
By forcing legal action they quickly exceed the value of the gun.

They know it.
It is legal theft.
Link Posted: 3/30/2015 6:06:26 PM EDT
[#18]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
What he describes is exactly what happens.  Go smoke some more weed.  
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Your understanding of civil forfeiture is quite wrong.
What he describes is exactly what happens.  Go smoke some more weed.  

Are you an attorney?.........because spqrzilla is.
Link Posted: 3/31/2015 7:26:26 PM EDT
[#19]
Unfortunately, you are in a bad position in this matter.  The advice that you received is correct; in a criminal proceeding only an order from a judge can have this firearm released.  And regretfully that judge refused to order this firearm released.  I am not surprised since judges, in general, are very reluctant to order the release of a firearm when it is connected to a drug charge, at any level or final disposition.

Hence, for you are at the end of the legal process.  The only legal option you have is to appeal the decision of the judge not to release the firearm.  Good luck on that! You would be better off going pissing into the wind and hope for no spray-back.

The NRA is right, the legal cost of contesting all of this far exceeds the value of the AK.  I too suggest that you forget about it and just go buy yourself a new AK.

Notice!  Historically, the New Orleans Police Department is notoriously inefficient and corrupt. The New Orleans judicial system is only slightly better.  Post Hurricane Katrina criminal investigations exposed all of this!  

I know this is a bite out of the shit sandwich; but, you need to write off the AK.    
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