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Weapons under disability

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  • Weapons under disability

    After going through pawn slips I see that a local thug pawned a shotgun. He is under disability for trafficking in marijuana. I have read the ORC and cannot locate the proceedure for retrieving the firearm from the pawn shop. I have been told to just go and get it. I have been told that I need to have the Chief of Police sign a letter saying I am authorized to get the gun and I have been told I have to have the pawn shop perform a background check. Has anyone dealt with similar situations? I am a LEO. Why would I need a letter from the Chief or a background check? If someone can help me with an ORC code or case law I would appreciate it!

  • #2
    Contact your agency's legal adviser. Sounds like you'll need a search warrant if you want to seize the shotgun.

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    • #3
      I would first contact the pawn shop and have them hold the shotgun as it is evidence in a case so they do not sell it. Then go and speak to your prosecutor and see what he/she says. If the prosecutor does not need the actual shotgun as evidence then just make copies of all the paperwork from the store or leadsonline or where ever you got your original info.

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      • #4
        Yeah, I put a hold on it. The prosecutor told me I could go get the shotgun however a sgt. told me I couldn't. Just want to know the RIGHT way.

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        • #5
          Who in the world told you that you can just go in there and take it? A letter from your chief isn't going to cut it either. You can probably get the pawnshop owner to confirm that the guy pawned the firearm (Did he pawn it or sell it?). You then need to get a certifed copy of his conviction/s that lead to his disability to owning a firearm, then you need a court order to get it. The pawnshop does not have any legal responsibility to determine the seller's legal record, nor do they have to surrender the firearm to you absent a court order.

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          • #6
            Just Joe, the prosecutor said I could go and take it. The pawnshop owner did confirm my suspect pawned the item. I have a pawn slip with his signature and his DL number on it. Already got the cert. copy of convictions. As far as the shotgun, I dont really care to have it. I just dont want it rammed up my *** during Grand Jury when they ask where the gun is. Oh, also, in order to file WOD, you have to make sure the firearm is in working order. That is where they are saying I need a letter to take to the pawn shop. So I can take the gun to the range. I have already done that. I gave the pawn shop a letter on letterhead saying basically that I was going to shoot the gun then bring it back. They were cool with everything. The problem is, I still do not know the RIGHT way all this should have been done. I am a new officer and everyone has a different RIGHT WAY.

            The one thing two cops will agree on is that the third cop is doing it wrong.

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            • #7
              I would say your prosecutor did it the wrong way, but I guess you gotta do what they say. Like I said, we'd get a court order to seize it, then we would submit it to the crime lab, who would have a firearms technician test fire it (and give us documentation that the firearm was test fired and found to be in operable condition).

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              • #8
                We dont have the resources to send stuff to crime labs....I'd hate to see the mess i'd get into for trying something like that.

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