Gallatin Police Department Sitting on $1500 1911

[Guest Linoge]

Alright, so I see that ColtCCO is a member here on these forums, but also that he has not posted anything... And, honestly, this event deserves all the publicity it can get, and all the support he can get: http://www.coltcco.com/?p=306

(And if I misfiled this post, please move it... sat here and thought about it for a few seconds, and figured this was the best place to stick it.)

[Guest canynracer]

WOW....just....WOW

[Guest Verbal Kint]

After reading his account, in full, I don't really see where the Gallatin PD is at fault for anything. Would I be pissed? Sure. But is the PD in the wrong? No.

The DMV ****** up.

I hope he gets his SA 1911 back in a timely manner (read: soon), but it sounds as if the PD is going to do everything by the book, to the letter. Background check, reports signed off, etc etc. Crappy, but that's their prerogative.

If anyone owes ColtCCO an apology, it's the DMV... not the PD. By his own testimony, it sounds as if the police officers that detained him acted in a professional manner and courteous (the officer even showed him the NICS on his computer and apologized for having to do his job). The department recognized that they have his weapon, and that they must return it, but that they are awaiting completion of the case/issue.

It could have been a lot worse. Am I missing something?

Edited August 13, 2008 by Verbal Kint
Language

[creeky]

Good grief...

[Guest Linoge]

So I am speaking from a not-law-enforcement background, but does it really take three weeks+ to get a background check on a firearm? I mean, Phantom6 got a background check on me done in about 30 seconds, and, granted, I probably have records with every major three-letter-organization out there (yay military!), a firearm should be even easier.

Beyond that, I certainly will not fault the Gallatin PD - they did what they were required to do. It is the current disposition that concerns me (and, of course, the stupidity of the DMV/DoS).

[Guest jwp]

He has enough 1911s. He can wait a little while.

[saintsfanbrian]

Gotta agree with the fact that he should get his firearm back but this might be a case where taking the original receipt (yes I keep them in a safe place) to the police station might help clear up the stolen issue. Then again I would also imagine that it was test fired to see if it had been used in any crimes.

[Guest jwp]

Gotta agree with the fact that he should get his firearm back but this might be a case where taking the original receipt (yes I keep them in a safe place) to the police station might help clear up the stolen issue. Then again I would also imagine that it was test fired to see if it had been used in any crimes.

Unfortunately it's much more complicated than all of that. The ATF has to contact Colt's who tells them which distributor they sold the gun to, who then tells the ATF who they sold the gun to, who then tells the ATF who they sold the gun to and so on.

Luckily that chain is short.

I guess I'll be pulling that 4473 sometime this week.

[Guest GUTTERbOY]

It's mostly immaterial to the holding of the gun, but why is he surprised that his TN HCP got cancelled when he moved out of state? I'll freely admit off the bat that I'm not familiar with the legalities of the situation, but I'd expect that once I became a resident of another state, that my TN HCP would cease to be valid.

[Fallguy]

It's mostly immaterial to the holding of the gun, but why is he surprised that his TN HCP got cancelled when he moved out of state? I'll freely admit off the bat that I'm not familiar with the legalities of the situation, but I'd expect that once I became a resident of another state, that my TN HCP would cease to be valid.

But how would the state of TN know you've moved out of state? I wouldn't think it would show up as invalid until it came time to renew it and it was not renewed.

[Guest GUTTERbOY]

But how would the state of TN know you've moved out of state? I wouldn't think it would show up as invalid until it came time to renew it and it was not renewed.

Aren't you required by law to notify DoS when you have a change of address?

[Fallguy]

Aren't you required by law to notify DoS when you have a change of address?

Hmmm.....true, but guess I have always just took that to mean if you still lived where they would cover you. Like I just moved to Milan from Parsons so I notified them so I would still be valid and within the law.

Had I moved out of state.....not sure if I would have thought to do it. I would have just applied for a new permit and DL in my new state and I'm not sure, but I figure I would have to surrender my TN DL/permit to get the ones from my new state.

[Guest Verbal Kint]

Isn't your TN carry permit tied to your driver's license? It might notify/void your last state's permit, through association with your old driver's license, when receiving your new driver's license in your current state of residence.

This thread is a good reason that a person might want to apply for a non-resident carry permit through FL and/or VA (or elsewhere). I hear between those two states, they pretty much cover your butt while traveling in the U.S. It's something I've looked into, in the past, but never followed up on. Might need to research it again, as an insurance policy.

Edited August 13, 2008 by Verbal Kint
typos

[Fallguy]

Isn't your TN carry permit tied to your driver's license? It might notify/void your last state's permit, through association with your old driver's license, when receiving your now driver's license in your current state of residence.

Good question.....I'm sure the time it would take to get a new DL would be greatly shorter than the time to get a new carry permit.

[GLOCKMEISTER]

This kids got some crazy luck, I bet his Indian name is "Chief Dark Cloud"... I can see a little rain cloud following him everywhere he goes.

Anyway, it only takes about 2 minutes to run a stolen ck, however it might take months to run a full ATF trace. In any event, he's lucky he didn't go to jail and get his truck towed, that officer could have handled it in an extreme way. I think it was handled professionally. I see where Safety kinda dropped the ball, however he moved... and when you move you have to make sure you get everything in order before you move again.

Chalk it up to "Shiet happens"... it could have been worse, and move on.

[Guest jwp]

This kids got some crazy luck, I bet his Indian name is "Chief Dark Cloud"... I can see a little rain cloud following him everywhere he goes.

You have no idea. The kid has the worst luck of any person I have ever known.

His toothpaste has even tried to kill him.

[Guest canynracer]

After reading his account, in full, I don't really see where the Gallatin PD is at fault for anything. Would I be pissed? Sure. But is the PD in the wrong? No.

The DMV ****** up.

I hope he gets his SA 1911 back in a timely manner (read: soon), but it sounds as if the PD is going to do everything by the book, to the letter. Background check, reports signed off, etc etc. Crappy, but that's their prerogative.

If anyone owes ColtCCO an apology, it's the DMV... not the PD. By his own testimony, it sounds as if the police officers that detained him acted in a professional manner and courteous (the officer even showed him the NICS on his computer and apologized for having to do his job). The department recognized that they have his weapon, and that they must return it, but that they are awaiting completion of the case/issue.

It could have been a lot worse. Am I missing something?

nope, thats my take on it as well, the cops were fine....my "WOW" comments were more for the poor guys luck!!!

LOL

and I would say more TDOS, than the DMV...

[Guest canynracer]

You have no idea. The kid has the worst luck of any person I have ever known.

His toothpaste has even tried to kill him.

[Guest Grizzly Johnson]

The department recognized that they have his weapon, and that they must return it, but that they are awaiting completion of the case/issue.

It could have been a lot worse. Am I missing something?

I read in his account, his case was dismissed and he then went to the PD to claim his property. At which time they said that they needed to check to make sure it wasn't stolen........ could be a stall tactic, it should have already been checked when the firearm was first checked in as evidence. It shouldn't take 3 weeks to check that anyway, a bill of sale could have been provided by his point of purchase through records I'm sure.

He has enough 1911s. He can wait a little while.

Doesn't matter if he has a hundred 1911's, it belongs to him, his case was dismissed and he should have his property back PERIOD!!!! What if it had been you in that situation, wouldn't you be ready to get it back after all it's YOURS not the PD's.

It's stupid S#%T like this that makes it hard to legally carry a gun anyway. We go through hoops to get a permit, spend money on a firearm of some sort and "all" the accessories that "go with it". Then something silly happens by mistake, the the guy/gal has to take off work (which could be money lost), drive to who knows where (which costs more money) to go to a court date, and in this case still (after being cleared) hasn't been able to retrieve his weapon (which is a lot of money). This may be an extreme case but if non permit citizens that were thinking about getting a permit was to read crap like this they may say to themselves (like they don't have enough reasons already) WHY BOTHER?

BUT all in all, if he wasn't speeding in the first place, he might not have gotten pulled over, I'm not saying I don't speed, but if I am carrying, I am a little more aware of my surroundings........

Edited August 13, 2008 by Reaper2U

[Marswolf]

This thread is a good reason that a person might want to apply for a non-resident carry permit through FL and/or VA (or elsewhere). I hear between those two states, they pretty much cover your butt while traveling in the U.S. It's something I've looked into, in the past, but never followed up on. Might need to research it again, as an insurance policy.

More and more states only honor your carry permit if it is a resident permit from your home state that they recognize.

[Angus]

JJC...we should all feel a little better about our circumstances right now I think.

BTW: If he got a NH.DL. while he lived there, it would automatically notify Tn. DOS. of the change. I know, I have moved from NY to Fl. to Tn.....kinda forgot about that ticket in NY...sooo long ago..heh

[Fallguy]

Ok...I finally read the whole story..

Not to side track this, but to me this is another good example of why to keep your mouth shut and your HCP in your wallet until the situation calls for different actions.

Had he simply gave the officer his DL, he may have simply drove off with a ticket.

[Angus]

Tis true

[Guest grimel]

I read in his account, his case was dismissed and he then went to the PD to claim his property. At which time they said that they needed to check to make sure it wasn't stolen........ could be a stall tactic, it should have already been checked when the firearm was first checked in as evidence. It shouldn't take 3 weeks to check that anyway, a bill of sale could have been provided by his point of purchase through records I'm sure.

Doesn't matter if he has a hundred 1911's, it belongs to him, his case was dismissed and he should have his property back PERIOD!!!! What if it had been you in that situation, wouldn't you be ready to get it back after all it's YOURS not the PD's.

.

It is SOP for many jurisdictions to require you to get a lawyer and take them to court to get YOUR property back after some government toady screws up. You can show up with your 4473 as the original purchaser of a NIB gun with signed statement from the shop stating that and you won't get your stuff back until you lawyer up and see a judge.

How many people are willing to spend a couple thousand in legal costs (not to mention missing work) to get back a $500 gun? What happens to those guns?

[Guest db99wj]

It is SOP for many jurisdictions to require you to get a lawyer and take them to court to get YOUR property back after some government toady screws up. You can show up with your 4473 as the original purchaser of a NIB gun with signed statement from the shop stating that and you won't get your stuff back until you lawyer up and see a judge.

How many people are willing to spend a couple thousand in legal costs (not to mention missing work) to get back a $500 gun? What happens to those guns?

Do you really have to have a lawyer? You go to court with the appropriate documentation, certified or notarized, tell the judge what your are doing there and that you have proof. Handover proof, and go from there. IANAL, but I don't think you need one either, in this case, if you have the appropriate information.