Stolen rifle recovered but not returned???

[madmax4x4]

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 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 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.

 

[rcm192]

I feel like Ive read this story before. Subscribed for interest.

 

[whitsend]

I feel like Ive read this story before. Subscribed for interest.

Me too.

 

[themcfarland]

Listening, IS this common?

 

[madmax4x4]

Told him to post it on some forums see it may already be here. Would have been a noob when he posted.

 

[1911Dave]

Pretty sure yout friend posted this also if it was him.

 

[323MAR]

WOW! What happened to the "Fundamental Right" amendment we voted into law here in Louisiana? Oh that's right, you have to sue the state when your "fundamental right" is violated by government crooks! Is even the Louisiana State Constitution a joke now?

 

[Nomad.2nd]

I feel like Ive read this story before. Subscribed for interest.

Same thing happened to a buddy of mine over a charter arms .44 special.

 

[kingfhb]

Unfortunately, what else can you do? I mean, the state or parish could do this theoretically to any weapon confiscated for any reason. Who's going to fight in court and spend thousands upon thousands of dollars to get a $500, $1000, $1500 or even $3000 (though more likely someone would try) firearm back? Cut your losses, file it with your insurance company (if you take pictures and record serial numbers, etc.), and use the $15,000+ that you would spend on an attorney to buy a few more just like it.

Is this right? Is this how the system should work? Of course not... but it could happen the same way for several things, not just a rifle. We give judges a ton of power and unfortunately unless you have the money to fight, they can pretty much DICTATE the law or do as they please in any instance.

I'm actually more disappointed that the NRA didn't assist, considering this type of case is one that they promote their services for. I've read multiple times about "If Law Enforcement Confiscates your weapon..." insinuating they will do everything they can to get it back. I would at least have an attorney draft a letter to the judge and maybe file a complaint for rights violations or something.

I've definitely read this before as well... and it's always someones "Friend" that it's happening to. Though, I have yet to read of any outcome or action even being taken.

 

[DAVE_M]

I would be spending my money to get that judge thrown out of court, not to get a rifle back.

 

[A5Mag12]

I would be cashing the insurance check and letting the insurance company worry about the guns.

 

[madmax4x4]

Not everyone has rental insurance. He didn't. People have been "cutting losses" for so long it's one reason the country is in the shape it is today.

 

[WildBillKelso]

I am not a lawyer and this is purely a speculative post and not legal advice.
I've heard a similar story about an activist judge from another part of the country. The judge must have some sort of basis in law to keep property like that. If not, there is a venue to make a complaint. Everyone has oversight, even judges. It looks like even here in the napoleonic code state there is a judiciary commission. Here is the link to them. It looks like they even have a complaint form on their website. It might be worth your friend's effort to have a lawyer help him as rules of procedure might apply.

http://www.lasc.org/la_judicial_entities/judiciary_commission.asp

 

[dougstump]

File in small claims court against the PD & judge?

 

[Saintsfan6]

Sounds familiar. A violation of your friends rights IMO. I would do everything possible to get it looked into without getting into a lengthy and expensive legal battle initially. Judiciary Committee would be the place to start, which I am pretty sure is the exact same advice others gave your friend when he posted before. Keep us posted on where this goes, I'm very interested in the outcome.

 

[Tboy]

You might try contacting Gorden Hutchinson. He's a ccw instructor, Central PD and author. He wrote a book about the great New Orleans gun grab post Katrina. He might be able to give you some pointers as to who you could talk to or how to shine a light publicly on the matter.

His website http://gordonhutchinson.com

 

[Rainsdrops]

I don't understand the mentality of some, in our judicial system. Regardless if it a Car, a Television, a laptop, an AK, a dog, or shitty toilet paper. it was legally owned property.
This family had property stolen. said property is now in possession, by law enforcement, and not needed for trial. Why wouldn't it be returned?
Its jacked up, that US citizen, a tax payer, has to scream, bitch, complain & beg, for his ****. I never understood, why we don't a sort of civil law check & balance in place. A neutral section of government local / federal, that could intervene,
when officials, begin to misinterpret or twist the law. Why should this family pay a lawyer to get their **** back?

All my ramblings are based on the initial post. I'm willing to eat my words, if there is another side to this story

 

[gwpercle]

I think it is common. My daughter used a handgun against an armed robber who , with 9mm in hand, demanded she and her 3 co-workers face the wall and kneel down. She told me he had the cash box and could have left. She wasn't going to let him execute them all...no witnesses to testify, so she took her 38 special out of her pocket and dropped him with one shot. He lived. The police confiscated her gun " for evidence". He went to court, convicted, appealed, convicted and sentenced....
Her gun? Seems it was "lost" can't seem to find it , she never did get it back. Compensation $0.00.
I would just kiss that sucker good-by, lawyer fees will eat you up.
Gary

 

[madmax4x4]

I feel the same way. Can't believe we don't already have a specific law in place for such a ordeal. Out of the tons and tons of laws here in la. I wouldn't expect the NRA to fly a team of lawyers down but you would think they would at least be willing to send a few letters out on NRA letterhead

I don't understand the mentality of some, in our judicial system. Regardless if it a Car, a Television, a laptop, an AK, a dog, or shitty toilet paper. it was legally owned property.
This family had property stolen. said property is now in possession, by law enforcement, and not needed for trial. Why wouldn't it be returned?
Its jacked up, that US citizen, a tax payer, has to scream, bitch, complain & beg, for his ****. I never understood, why we don't a sort of civil law check & balance in place. A neutral section of government local / federal, that could intervene,
when officials, begin to misinterpret or twist the law. Why should this family pay a lawyer to get their **** back?

All my ramblings are based on the initial post. I'm willing to eat my words, if there is another side to this story

 

[pyreaux]

All BS aside contact the aclu, and file a complaint. It should be no different in their eyes than any other falsely seized property or money. Just because it's not an action you would stereotype them with doesn't mean they can't help your buddy navigate the complaint process.