FBI has one of my guns

[brotherdarrell]

One of my stolen rifles has emerged. It would appear my Savage 23b was picked in Tuscon during a drug raid and is now in the possession of the Feds.

So I have to ask, do you know of anyone who has succefully retrieved a firearm back from the feds?

The regisered letter I got has instructions but I am not fluent in legalees. I do know a retired agent that goes to our church and will probobly ask him for some helpful advise. I would really like to get my 25-20 back.

Thanks

Darrell

[375RUGER]

Didn't these get stolen not long ago. Turned up quick. I hope you get it.

[starmac]

No dealing with the feds, but I had a very long drawn out hard time with a county sheriff one time, finally had to get a court order to have him arrested to get it back. They will likely want to hold it for evidence until a conviction, and any appeals are exhausted. I would stay on them though.

[M-Tecs]

Not the Feds but the one I had (new in the box S&W 25-5) was recovered within 12 hrs. They held it as evidence for 2 year 11 months. It was a rusted piece I junk when I finally got it back. The finger print powder was never cleaned and it appeared to promote rust. Best of luck to you.

[starmac]

I lucked out on the condition of mine, when I finally had the sheriff drug out of court, he walked in his office and handed me a nicely oiled carbine. I don't think it was ever locked up in evidence.

[dbosman]

If they won't give the gun back, make them tell you the story. It should be good if the FBI was the gun confiscator.

[Petrol & Powder]

It's not always doom & gloom.
First, contact the agent handling the case. You said the "Feds" have your rifle, specifically which federal law enforcement organization are you referring to? FBI, DEA, ATF, ICE..... ? Find out if the rifle is evidence in a state or federal prosecution. Just because a federal agency recovered the rifle doesn't mean the case will automatically be prosecuted in federal court. If the case is headed for federal court, find out which U.S. Attorney is handling the case. Contact the U.S. Attorney's Office in the U.S. District Court House the case will be prosecuted in. (There's only one U.S. District for the state of New Mexico but there are several courthouses: Albuquerque, Las Cruces, Roswell & Santa Fe). Contact the prosecutor that will be handling the case.
Politely explain that you are the rightful owner of the property, that you understand the rifle may be evidence in a criminal case and therefore it cannot be immediately returned. Explain that the property was stolen from you and you would like for it to be returned when it is no longer needed as evidence.

Those notices (to the agent & the prosecutor) will serve two purposes: 1. to notify the prosecutor that you are the rightful owner and want your property back when the case is over. 2. That you know they are in possession of your property and maybe they will care for it better while it's in their custody.

Hostility towards the LE agency and prosecutor will serve NO USEFUL PURPOSE. Be polite, be professional and be a good citizen. You'll very likely get your rifle back in at least the condition it was recovered in. If they need you as a witness to prove that the rifle was taken without your permission; go be a good witness and help prosecute the thief that stole your property. Myself and the other good citizens will thank you for helping to prosecute the scumbag that stole your property.

[brotherdarrell]

I called the Alb. office this afternoon and talked to the agent in charge of these things. I mainly wanted clarification of the steps I had to take to get the retrieval of my rifle. The agent was courteous and helpful explaining what the letter said and advised that I send the information certified to make sure it arrives soon. The paper work has to be in by Feb. 19th.

My rifle was seized along with 25 others on Nov. 17th for violation of "The Controlled Substance Act", whatever that is. Having the defendant plead out may be hoping for too much. I am going to get another copy of the police report tomorrow and get it sent out with the "essay" I have to write explaining how it is my rifle. This must finish with me writing that the "statement is made under oath" and that it is "made under penalty of perjury". Go figure.

The wait begins.

Thanks to all for the suggestions.

Darrell

[destrux]

Sounds like a drug operation got raided. Hopefully the scumbags who stole it at least get what's coming to them.

[khmer6]

Sounds like a narcotics operation? Hopefully you get it soon. Took a while to get some back from local PD after a drug raid.

[Uncle Jimbo]

"The Controlled Substance Act" is drugs. Not saying this is what will happen, but most of these cases go fast. The scumbags will start ratting out everybody and anybody to get out of a long prison sentence. Illegal drugs and stolen weapons, I would say they will turn state evidence.
So hopefully it won't be long.

[Petrol & Powder]

Regardless of the outcome of the criminal case, it's good you can get your rifle back! If we can put some dirt bag in prison in the process, that's a bonus !!

[DRNurse1]

I do not have any FBI experience but I did get a PISTOL back from Albany NY police about 15 years ago, pre 9-11 and SAFE act. They released it and shipped it to a local FFL where I happily retrieved it. I do not recall if there were any fees (Wait, it was New York....I just do not recall the AMOUNT of the fees) involved. As I recall the process took less than 6 months. Still carry that pistol on a regular basis.

[phonejack]

My son in law had a brother in another state from us commit suite with one of his handguns , after filing a claim with the sheriffs office he had to wait a year before picking them up. Not Feds but Leo experience.

[2thepoint]

you might want to send all your paperwork registered - signature required so you know who got it and when.....just saying

[Bzcraig]

It's not always doom & gloom.
First, contact the agent handling the case. You said the "Feds" have your rifle, specifically which federal law enforcement organization are you referring to? FBI, DEA, ATF, ICE..... ? Find out if the rifle is evidence in a state or federal prosecution. Just because a federal agency recovered the rifle doesn't mean the case will automatically be prosecuted in federal court. If the case is headed for federal court, find out which U.S. Attorney is handling the case. Contact the U.S. Attorney's Office in the U.S. District Court House the case will be prosecuted in. (There's only one U.S. District for the state of New Mexico but there are several courthouses: Albuquerque, Las Cruces, Roswell & Santa Fe). Contact the prosecutor that will be handling the case.
Politely explain that you are the rightful owner of the property, that you understand the rifle may be evidence in a criminal case and therefore it cannot be immediately returned. Explain that the property was stolen from you and you would like for it to be returned when it is no longer needed as evidence.

Those notices (to the agent & the prosecutor) will serve two purposes: 1. to notify the prosecutor that you are the rightful owner and want your property back when the case is over. 2. That you know they are in possession of your property and maybe they will care for it better while it's in their custody.

Hostility towards the LE agency and prosecutor will serve NO USEFUL PURPOSE. Be polite, be professional and be a good citizen. You'll very likely get your rifle back in at least the condition it was recovered in. If they need you as a witness to prove that the rifle was taken without your permission; go be a good witness and help prosecute the thief that stole your property. Myself and the other good citizens will thank you for helping to prosecute the scumbag that stole your property.

This is solid counsel

[DLCTEX]

I had a 1911 and an AR belonging to my son stolen and after the case was settled I had to just about go to war with the SD to get them back. Both had rust on them. They thought I was getting "pushy" by calling every day for more than three weeks and going to their office repeatedly. I finally made them mad by discussing it a a local coffee shop and questioning their honesty. I was told I had no right to discuss it in public. I told them they were out of their minds.

[w5pv]

I just had two long guns stolen from me if they are recovered I would try to get them to let me have them as soon as possible but also let me clean it if they are to keep it for any length of time.I under stand that that may not be possible because of evidence issues.but I do wax my guns exterior for rust prevention keeps them looking good.

[joelitespeed]

Good luck with this. I can imagine the legal hoops that you will have to jump through will be amazing...

[jonp]

I had a 1911 and an AR belonging to my son stolen and after the case was settled I had to just about go to war with the SD to get them back. Both had rust on them. They thought I was getting "pushy" by calling every day for more than three weeks and going to their office repeatedly. I finally made them mad by discussing it a a local coffee shop and questioning their honesty. I was told I had no right to discuss it in public. I told them they were out of their minds.
I probably would have replied "not only do I have the right but I have the right to contact a lawyer and the local newspaper and ILJ and NRA Legal and .."

[DLCTEX]

The sheriff did not run for re election as it became known he had to go into drug rehab. It was tried to keep it secret but too many people knew about it. You can't keep a secret in a small town. He claimed he became addicted to prescription drugs due to pain from an accident, but too many druggies bragged about sharing drugs with him and word got out. I think we have a good one now. He's hard on druggies.

[crazy mark]

I had 2 pistols recovered and in one case the Albany Or PD mailed it to Spfld Or PD and I picked it up there. The other the local sheriff got as it was used in hold ups of small markets and it had a gold slide with blue frame and very nice grips. I told the SD it sounded like the pistol that was stolen from me and they found it with-in 2 weeks. It took a month for me to get it back.

[a.squibload]

Hope you get it back soon.
Be sure it gets cleared up, on that Alaska copshow some guys were standing around drinking beer,
LEO searched the truck, found a stolen pistol. Turned out the suspect was the rightful owner,
had recovered it after it was stolen 2 years before. It was still on the hot sheet.

[skruske]

I sure hope yours is returned promptly. I have a special place in my heart for Savage 23's & 19's. I'd hate to see my family split up as well.

From the top 23D, C, B & A. I have since acquired a 23AA as well.

95344

I still put them to work too.

95343

[WILCO]

I mainly wanted clarification of the steps I had to take to get the retrieval of my rifle.

It's simply amazing how nobody ever thinks of contacting an Attorney when dealing with legal issues such as this.

http://www.nmbar.org/Public/referralprograms.html

[Frosty Boolit]

It's simply amazing how nobody ever thinks of contacting an Attorney when dealing with legal issues such as this.



I would run this past the massive amount of knowledge here first before contacting an attorney too! Them are expensive.

[mold maker]

Attorneys charge to listen without lifting a finger. I wouldn't approach one unless necessary.
I classify them right along side funeral directors. Both will take advantage of you, at the worst possible time.

[seaboltm]

About 10 years ago I got a call from the ATF. A gun that I had reported stolen had turned up. It was a Winchester 1300 pump. I had to drive 4 hours to pick it up. I asked about the condition because the shotgun had been stolen 10 years previous to the call. The agent was helpful and agreed to walk down to gun room and look at it. He called back a few minutes later and said the bluing was missing, the barrel had been hacksawed, etc. I wasn't willing to spend 4 hours one way for gas, so I did not pick it up. The agent was very professional and helpful however. Your mileage may vary of course.

[Freightman]

The sheriff did not run for re election as it became known he had to go into drug rehab. It was tried to keep it secret but too many people knew about it. You can't keep a secret in a small town. He claimed he became addicted to prescription drugs due to pain from an accident, but too many druggies bragged about sharing drugs with him and word got out. I think we have a good one now. He's hard on druggies.
we sent our former Sheriff to prison.

[brotherdarrell]

I got a call from the FBI this morning. The agent let me know that they received the paperwork I had sent in. First thing she asked was to verify the serial#, which i did. After this she commented that she now had an explanation for why this rifle did not show up as having been stolen. The police report had the wrong ser# on it, it had the third number off by one digit.:shock: I have to admit that poor eyes did not catch this when I first got a copy of the police report. She then told me that she saw no reason not to release it from forfeiture and release it back to me when they were done with it.[smilie=w: Of course, she reminded me, that could take quite a while depending on how the case went.:sad:

I can only say that, to this point, I have been treated with complete respect and am completely happy with how it has worked out so far. BUT!!!!!......I also know it is not over with yet. Time will tell.

It would also appear that I dodged a big time boolit with the error in the ser#. I am counting my blessings.

Darrell

[SP5315]

The good news brotherdarrell is that the FBI knows it's yours and you want it back. The bad news is they'll be wanting to hold it in evidence until the case is resolved, which will more than likely take some time. They will also be running checks on ballistics to see if it has been associated with other crimes. If so it can take much longer to get it back if the current dirtbags can't be connected to it. On the plus side, if I remember correctly, these firearms haven't been gone for too long.

My story runs along with brotherdarrell's, with the serial number being recorded wrong. I was tracked down through the California Registry. Anaheim PD recovered my stolen Series 70 Colt Combat Commander. It had been stolen from a close friend and Los Angeles Sheriff officer in 1996. Even cops get ripped off. It had been used connection with several home invasion robberies in the Anaheim Hills area and who knows what else in 11 years. At least ballistic testing showed that it hadn't been used in any murders. It took almost two years of the case dragging through the courts. The dirtbags finely took a plea. I had to jump through a few hoops with the California DOJ but it finely made it home after 13 years, it looked like hell. It had to take a trip back to colt to be re-nickled and the side tube had to be replaced.

The lead detective received a call from me every month for that two year period letting him know I expected the pistol to be returned, along with follow up letters. It paid off in the end. I picked it up 17 days after the plea bargain.

When you get it back make sure to keep all the paperwork in a safe place, just in case any law enforcement agency doesn't get word on it's disposition as being returned to you.

On a side note, someone had a Colt with the with the wrong serial number that was recorded by the officer after my Colt was stolen. What a mess that could have been for someone to have been stopped with their own pistol, with the wrong number being recorded as stolen. Please make sure the original police report is amended to show the proper serial number.