Just to let everyone know

[oldsoldier]

Oldsoldier,

This may have been discussed elsewhere in the thread, but would mind repeating just why you won't get your gun back? I can understand why a weapon used in a crime may need to be kept for evidence - and evidence is sometimes kept for many many years - but when you mentioned the gun would be destroyed, that completely blew that theory.

Something just isn't making sense to me. I know that guns are returned to owners who have been robbed where I live. Have they given you a specific law that requires your gun be destroyed and not returned? If not, I would ask for that.

I am still kind of lost here as well, from what I gather so far, If a firearm is used in the commision of or the attempted commision of a felony. Like armed robbery, assault, etc. If the police catch the person/persons with the weapon then it is siezed and after using it for evedince it is then turned back over to the police for destruction. PERIOD no matter the circumstance behind the weapons possesion. In other words it doesn't matter if they stole it the registered owner, even if it was reported stolen is SOL as far as getting it back. I left messages for the local procequtor ( sorry spelling) to call me. Hope to hear from him today ( monday) as to explanation. I'll keep you updated.

[crashdive123]

If they are not going to prosecute they obviously feel that a felony was not committed or attempted. Contact a local NRA rep right away. If no charges are filed and they destroy your gun that is criminal all by itself in my book. Contact the NRA or a lawyer today!

[aflineman]

If they are not going to prosecute they obviously feel that a felony was not committed or attempted. Contact a local NRA rep right away. If no charges are filed and they destroy your gun that is criminal all by itself in my book. Contact the NRA or a lawyer today!

This is what is confusing me also. How can they say a felony was committed (so that the weapon must be destroyed), but not prosecute the individual who committed the crime for a felony.
Not to be flippant, but it sounds like the weapon is the one being tried as an adult. How old did you say it was?

[Ole WV Coot]

Friend of mine had one stolen on a burglary at his home in VA. The juvenile took plenty of booze and anything not nailed down, committed a felony and was caught hitch hiking on I-95. He filed a report immediately, even gave the serial number and it took a year in Fairfax Co., VA for him to get his property back, he didn't quit or it would have "disappeared".

[oldsoldier]

This is what is confusing me also. How can they say a felony was committed (so that the weapon must be destroyed), but not prosecute the individual who committed the crime for a felony.
Not to be flippant, but it sounds like the weapon is the one being tried as an adult. How old did you say it was?

The individuals (5) we all 17 and under. They attempted 2 of them to rob a convience store with the handgun and got caught. After talking to the local DA this morning. He called me wanting to know why I was stirring up so much sh##? WRONG thing to say to me! So after informing him what a low down dirty sack of scum I think he is and EXACTLY how I feel about me being penalized for a group of scumbag trash's criminal acts and that after I get through with him with the help of the local/national press both print and TV he will be lucky to be able to get elected as street sweeper next election. We discussed his quote " my concerns that he's not doing his job" He promised to look into the case a little deeper. Said he will contact me before the end of the week. BUT if I insist that he procecute the "kids" then he will see what he can do. I asked him if he likes and wants to keep his job? I think he got my message! I'll let you all know what happens.
BTW thanks Ken Your information was helpful especially when I sited him a couple of the codes.

[doug1980]

Ah the great legal system in Indiana. Sounds like Evansville is getting pretty bad these days.... what the heck happened? I remember not having to even lock my doors and keeping the key in the ignition, guess I couldn't do that now.

[nell67]

The individuals (5) we all 17 and under. They attempted 2 of them to rob a convience store with the handgun and got caught. After talking to the local DA this morning. He called me wanting to know why I was stirring up so much sh##? WRONG thing to say to me! So after informing him what a low down dirty sack of scum I think he is and EXACTLY how I feel about me being penalized for a group of scumbag trash's criminal acts and that after I get through with him with the help of the local/national press both print and TV he will be lucky to be able to get elected as street sweeper next election. We discussed his quote " my concerns that he's not doing his job" He promised to look into the case a little deeper. Said he will contact me before the end of the week. BUT if I insist that he procecute the "kids" then he will see what he can do. I asked him if he likes and wants to keep his job? I think he got my message! I'll let you all know what happens.
BTW thanks Ken Your information was helpful especially when I sited him a couple of the codes.

Thats awesome,OS,I hope he really got your message,and takes it to heart,slapping these kids on the wrist for what they have done is no deterent,they need to be taught a life long lesson NOW,and so does that scumbag DA!

[Rick]

I'm glad he's taking another look. I can't understand his hesitation. There must be something there that isn't coming to light. I wonder whose kids they are?

[crashdive123]

Good luck OS - obviously this DA has never seen what you do with watermelons. (probably not a good idea to tell him either, as he may see that as a threat).

[oldsoldier]

I'm glad he's taking another look. I can't understand his hesitation. There must be something there that isn't coming to light. I wonder whose kids they are?

I think the problem actually is a case of far to much crime here with limited procecution staff, limited jail space,etc. So they are trying to let "lesser crimes" slide. I'm not sure.

[Ken]

I think the problem actually is a case of far to much crime here with limited procecution staff, limited jail space,etc. So they are trying to let "lesser crimes" slide. I'm not sure.

Rest assured, if they let this one slide, they'll have a lot of far more serious ones to prosecute, and the same "kids" will be the defendants.

[rwc1969]

You never know. they might grow up to be doctors and lawyers and such.

http://www.youtube.com/watch?v=LP5irLCDB4Q

[oldsoldier]

Well I got a call from the local procecutor about an hour ago. He has decided since I started something ( somehow the other people whose vehicles were robbed by these scum found out his reluctance to procecute) and several of them started raising heck. That " Due to the scope of the crimes by the excessive number of burglaries (50) that it is to the publics advantage and best interest to persue this case(s) to the fullest extent of the law.
He is still waffling about the disposition of my weapon. Well at least on step closer.

[crashdive123]

Great. Keep after him (I know you will).

[COWBOYSURVIVAL]

Great News OS! I have been following this post! I am still prosecuting the guy that stole my mower, been after him since the beginning of last summer. It takes time and persistance...but he has been in jail for a few months and I aim to keep him there! Call it your civil duty! Now who in the heck stole my axe!

[CaptnAndy]

Great Information, Thanks a lot for digging it up. As an Evansvillian who just got a lifetime carry permit, I am rethinking keeping my pistol in my locked car.

Old Soldier, if I can do anything to support you, please let me know. I don't have a lot of connections, but I do vote.

[oldsoldier]

Great Information, Thanks a lot for digging it up. As an Evansvillian who just got a lifetime carry permit, I am rethinking keeping my pistol in my locked car.

Old Soldier, if I can do anything to support you, please let me know. I don't have a lot of connections, but I do vote.

Thanks Captn. Good to see ya still here. How's the racing doing? Sorry I havn't had a chance to stop in and say hello. If you get a chance PM my with the hours again. Thx.

[pocomoonskyeyes]

Well I got a call from the local procecutor about an hour ago. He has decided since I started something ( somehow the other people whose vehicles were robbed by these scum found out his reluctance to procecute) and several of them started raising heck. That " Due to the scope of the crimes by the excessive number of burglaries (50) that it is to the publics advantage and best interest to persue this case(s) to the fullest extent of the law.
He is still waffling about the disposition of my weapon. Well at least on step closer.

YES!!! That's what I'm talking about!!

[oldsoldier]

UPDATE!!!! Got a call from the county procecutor today. The bunch that burglarized my wife's jeep along with about 50 others made a deal with the court today. They plead guilty and are ALL going to spend a MINIMUM of 10 years in state prison. The one's who used my stolen firearm in an attempted armed robbery got added time for. Armed robbery, possesion of stolen property, and a couple of other charges. They plead guilty and they each got another 10-15 years in addition to the 10 on other charges. He also said due to laws relating to armed robbery I WILL NOT get my gun back, instead they are going to pay me restitution for the weapon. Price of the weapon ( new price purchased by state) also compensation for loss of use ( whatever that means????) As well as compensation for time/travel related to the case. He said that I would be paid within 45 days. The amount I'll get????........... $1,219.22.
And you wonder why the state's going broke???? I can get a replacement new for less that $600.00

[nell67]

Thats great news OS!!!