Posted: 12/19/2008 8:21:44 AM EDT
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Had a personal weapon of mine illegally seized from my vehicle and turned over to the police.
Need to talk with an attorney ASAP. Was not seized by an officer, just an overzealous valet. Thanks! Event happened in Central PA |
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Try Phil Kline. Never met him but comes HIGHLY recommended.
Philip G. Kline Attorney at Law 519 Juniper Street, Quakertown, PA 18951 Phone: (215) 538-4444 Fax: (215) 538-0140 Areas of practice: NFA issues, NICS denials, zoning, estate admin. & planning, civil litigation, defense of misdemeanors & summary offenses. Bar admissions: PA (active) NJ (inactive) RKBA Organizational Memberships: NRA member. |
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Also...I'd file a police report for theft. If he removed the firearm from your car and then turned it in to the police it's no damn different than if he removed it from your home and then turned it in. The little peckerhead stole it. What did the police say about getting your firearm back. Was it sitting in plain sight or did he go rooting through your glove box or console. You're definitely doing the right thing by getting a lawyer since I'm assuming the police won't return your firearm.
CMS |
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Had a personal weapon of mine illegally seized from my vehicle and turned over to the police. Need to talk with an attorney ASAP. Was not seized by an officer, just an overzealous valet. Thanks! Event happened in Central PA Was it laying out? Or did the dork go through your glove box? Seems like you could press charges for theft. Just because his buddy enlightened him to the severity of the crime he committed & he panicked and turned over the STOLEN property to police with some LAME excuse, doesn't alter the fact that he STOLE it to begin with. Did the police return it to you? Do you have it back in you possession? Teach the dork a lesson & wreck his Christmas. Hope YOU have a CCW... otherwise your probably going to get raked through the coal for having it in your vehicle. |
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Had a personal weapon of mine illegally seized from my vehicle and turned over to the police. Need to talk with an attorney ASAP. Was not seized by an officer, just an overzealous valet. Thanks! Event happened in Central PA Was it laying out? Or did the dork go through your glove box? Seems like you could press charges for theft. Just because his buddy enlightened him to the severity of the crime he committed & he panicked and turned over the STOLEN property to police with some LAME excuse, doesn't alter the fact that he STOLE it to begin with. Did the police return it to you? Do you have it back in you possession? Teach the dork a lesson & wreck his Christmas. Hope YOU have a CCW... otherwise your probably going to get raked through the coal for having it in your vehicle. If it was unloaded he'll be fine. CMS |
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He'll be fine, AFTER they give him shit for having an unsecured firearm in his vehicle.
Personally, if I were him & he doesn't have a CCW, I would tell them I was taking it to a gun shop after dinner for appraisal. (only if they give him shit though). HOPEFULLY it's NOT an issue. HOPEFULLY he won't leave a weapon in his vehicle again that is not LOCKED in the glove box or trunk. That being said... I would press charges. ETA: See if you can list the restaurant in the charge as well since he was working at the time. They'll get the charge dropped right away, but only after they fire his ass. WHAT was he LOOKING for when he found the gun? Bet if you had cash or camera, etc., it would be gone too! (Heck did you find the $500 you had with the gun for Christmas shopping?  )
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I would like to know where it was. If you were in State College staying at the Penn Stater, which is actually University Park, you are going to have an issue.
First of all the dickhead did steal it. Second, if it were in University Park, you are not allowed to carry a firearm even with a LCTF. |
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Had a personal weapon of mine illegally seized from my vehicle and turned over to the police. Need to talk with an attorney ASAP. Was not seized by an officer, just an overzealous valet. Thanks! Event happened in Central PA 
Why won't the Police give it back? 
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Thanks for all of the comments, support, and suggestions.
A bit more about the incident - Happened In Sunbury PA, I do have a CHL, Weapon was loaded as it should be and in the glovebox. Was not on any school or government property. The local Barney Fife Officer Says I need to prove purchase. Nevermind that I gave a copy of the FFL, he wants to see a sales receipt and registration. What an idiot! He doesn't get that the FFL is the receipt!! The valet is a whole 'nother story. That is why I am seeking an attorney and want to sue the pants off everyone involved! Thanks again for the comments! |
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"Second, if it were in University Park, you are not allowed to carry a firearm even with a LCTF." Statute reference please. I do not have the statute but on a trip to the Univerity Police office, for business, They had a sign posted stating that no firearms were allowed on campus. I could be wrong and I hope I am but I do not think so. |
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Thanks for all of the comments, support, and suggestions. A bit more about the incident - Happened In Sunbury PA, I do have a CHL, Weapon was loaded as it should be and in the glovebox. Was not on any school or government property. The local Barney Fife Officer Says I need to prove purchase. Nevermind that I gave a copy of the FFL, he wants to see a sales receipt and registration. What an idiot! He doesn't get that the FFL is the receipt!! The valet is a whole 'nother story. That is why I am seeking an attorney and want to sue the pants off everyone involved! Thanks again for the comments! Ok- sounds like assholes 
Report the weapon as STOLEN to the STATE POLICE. Give them a written statement of what happened including description ,serial # , and proof of ownership. Make sure you get a written acknowledgement from the State Police. Then just wait untill the Sunbury Jerks ask where you want your gun shipped. 
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The State police aren't there to police other municipal departments. Take a few steps and if it don't work contact the AG's office and they'll start an investigation. You do NOT need a receipt to get your firearm back! It will be in the PA handgun registry if you bought it in PA and if not they can contact the state where you purchased it. One...lawyer up and sue the shit out of that restaraunt. At a minimum get a lawyer to contact them and I guarantee asshat will lose his job right away. Talk to the police chief and if still no dice talk to the mayor. He's the one who runs the police department. Threaten to sue the department and see where that gets you. No dice there and then it's time to talk to AG if you still can't get your gun back. This is bullshit and I don't think you're wrong at all for sueing. NRA has lawyers for this too. Please let us know how this works out. 
ETA: If you're from Texas and currently reside there...possibly shoot a IM to SC-Texas here on the boards. He practices in Texas and I'm not sure what he can do for you in PA but he could possibly help. CMS |
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"Second, if it were in University Park, you are not allowed to carry a firearm even with a LCTF." Statute reference please. I do not have the statute but on a trip to the Univerity Police office, for business, They had a sign posted stating that no firearms were allowed on campus. I could be wrong and I hope I am but I do not think so. That is their policy...........not a law. |
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Thanks for all of the comments, support, and suggestions. A bit more about the incident - Happened In Sunbury PA, I do have a CHL, Weapon was loaded as it should be and in the glovebox. Was not on any school or government property. The local Barney Fife Officer Says I need to prove purchase. Nevermind that I gave a copy of the FFL, he wants to see a sales receipt and registration. What an idiot! He doesn't get that the FFL is the receipt!! The valet is a whole 'nother story. That is why I am seeking an attorney and want to sue the pants off everyone involved! Thanks again for the comments! There is no requirement that you prove anything, other than the fact that you can legally possess the firearm. I would go over to the PAFOA board and contact Pa Patriot. He has his weapon illegally seized by Dickson City PD. He got it back but there is still a lawsuit pending. |
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Fri, Dec. 19, 2008
Lawsuit: Delco gun policy unconstitutional By WILLIAM BENDER Philadelphia Daily News [email protected] 215-854-5255 Delaware County was hit with a federal lawsuit yesterday claiming that its policy of refusing to return confiscated firearms unless the owners obtain a court order is unconstitutional. The civil-rights suit was filed by C. Scott Shields, a gun-rights attorney and small-town political firebrand who has been the National Rifle Association's point man in fighting Philadelphia's attempt to write its own gun laws. The plaintiff, Thomas DeOrio, 21, of Glen Mills, argues that the county government, judges and Sheriff's Department illegally retain confiscated guns - even if a crime hasn't been committed - when the owner is entitled to retrieve them. In DeOrio's case, Brookhaven police seized his collection of handguns and rifles in October and turned them over to the sheriff when his girlfriend filed for a temporary protection-from-abuse order. Shields said she perceived something he had said to be threatening. Three days later, after a court hearing, a judge dismissed the order, records show. But DeOrio soon learned that getting his guns back wouldn't be as easy. Although the protection-from-abuse order had been thrown out, Shields said the sheriff's office refused to return the firearms unless DeOrio filed a "legal action." "Hence, we have a civil-rights suit," said Shields, the mayor of Rutledge Borough. Shields said the county's policy lacks a provision for the return of firearms when a protection-from-abuse order expires or is dismissed, and instead gives "unfettered discretion" to judges. "This has been going on for years in Delaware County," he said. "Some of these people believe that firearms are inherently dangerous and you should not have them." County Solicitor John P. McBlain said he would review the policy to "make sure we're doing the right thing," but otherwise declined to comment because the matter is in litigation. The case mirrors a lawsuit Shields filed last year against the Upper Darby Police Department when it blocked a woman from retrieving her late father's guns. She was his sole beneficiary. A federal judge ruled in August that a portion of the department's policy is unconstitutional because it gives police Superintendent Michael Chitwood Sr. the final say, in some instances, in determining if a person may retrieve confiscated guns. Robert DiDomenicis, an attorney for Upper Darby, said the township likely would resolve that case without a trial by modifying its policy. The township also agreed to give the firearms to the woman who filed the suit. |
| this guy is your man. http://www.yellowpages.com/info-IY234655728/Attorney-David-J-Shrager-Associates he handles alot of high profile cases in PA. a call from him to the popo and you will get your gun back. my buddy got his gun confiscated (he didnt do anything wrong, but the cops didnt see it that way) and couldnt get it back. David Shrager made a call.... and that was it. cops dont mess with this guy, they always loose. |
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Thanks for all of the comments, support, and suggestions. A bit more about the incident - Happened In Sunbury PA, I do have a CHL, Weapon was loaded as it should be and in the glovebox. Was not on any school or government property. The local Barney Fife Officer Says I need to prove purchase. Nevermind that I gave a copy of the FFL, he wants to see a sales receipt and registration. What an idiot! He doesn't get that the FFL is the receipt!! The valet is a whole 'nother story. That is why I am seeking an attorney and want to sue the pants off everyone involved! Thanks again for the comments! Where the hell would they have valet parking in Scumberry? |
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If anyone ever needs an attorney in Delco, Phila, and surrounding areas, C Scott Shields Attorney and Counselor is the guy to go to, I keep his business cards in my wallet, in the car and at home with my firearm records. He is a good friend to a friend of mine, we have spoken on several occasions, got to talk about firearm ownership and laws, he knows his business also is a gun guy himself, so he feels like we do, he will fight for you.
Phone 610-892-7777 [email protected] |
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Phil Kline is my attorney. He is excellent.
That being said you may be better off hiring a local guy to pursure this. The travel time for Phil or Scott Shields to travel to Central PA will be substantial and you will be billed for it if they have to come out. Since it sounds like you are trying to pursue a civil action, you may be better off with a well respected local attorney who will litigate it for you. My two cents anyway. |
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Thanks for all of the comments, support, and suggestions. A bit more about the incident - Happened In Sunbury PA, I do have a CHL, Weapon was loaded as it should be and in the glovebox. Was not on any school or government property. The local Barney Fife Officer Says I need to prove purchase. Nevermind that I gave a copy of the FFL, he wants to see a sales receipt and registration. What an idiot! He doesn't get that the FFL is the receipt!! The valet is a whole 'nother story. That is why I am seeking an attorney and want to sue the pants off everyone involved! Thanks again for the comments! Where the hell would they have valet parking in Scumberry? I was thinking the same thing.
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"Second, if it were in University Park, you are not allowed to carry a firearm even with a LCTF." Statute reference please. I do not have the statute but on a trip to the Univerity Police office, for business, They had a sign posted stating that no firearms were allowed on campus. I could be wrong and I hope I am but I do not think so. That is their policy...........not a law. University Park is the PSU campus. You can't pack on a college campus. Do not confuse University Park with the city of State College.
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"Second, if it were in University Park, you are not allowed to carry a firearm even with a LCTF." Statute reference please. I do not have the statute but on a trip to the Univerity Police office, for business, They had a sign posted stating that no firearms were allowed on campus. I could be wrong and I hope I am but I do not think so. That is their policy...........not a law. University Park is the PSU campus. You can't pack on a college campus. Do not confuse University Park with the city of State College.
Steve_in_PA Works in Law Enforcement. |
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If anyone ever needs an attorney in Delco, Phila, and surrounding areas, C Scott Shields Attorney and Counselor is the guy to go to, I keep his business cards in my wallet, in the car and at home with my firearm records. He is a good friend to a friend of mine, we have spoken on several occasions, got to talk about firearm ownership and laws, he knows his business also is a gun guy himself, so he feels like we do, he will fight for you. Phone 610-892-7777 [email protected] +1 |
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"Second, if it were in University Park, you are not allowed to carry a firearm even with a LCTF." Statute reference please. I do not have the statute but on a trip to the Univerity Police office, for business, They had a sign posted stating that no firearms were allowed on campus. I could be wrong and I hope I am but I do not think so. That is their policy...........not a law. University Park is the PSU campus. You can't pack on a college campus. Do not confuse University Park with the city of State College.
Not law. College policy |
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I've never been anywhere where a valet was used. Is there a reason the valet would have been looking in the glove compartment?
Some states don't require an FFL for a private handgun transfer at all, such as Georgia. Hypothetically, what if the handgun had been bought under these circumstances? |