Gallatin Police Department Sitting on $1500 1911

[Guest Verbal Kint]

Really? I wasn't aware of that. Link?

You won't find the info here in any particular thread, unless people that know him come forth and say something. I'm referring to events and stories relayed by mutual acquaintances. Apparently this person has the knack to draw unneeded attention to himself.

[Guest Abominable_Hillbilly]

You won't find the info here in any particular thread, unless people that know him come forth and say something. I'm referring to events and stories relayed by mutual acquaintances. Apparently this person has the knack to draw unneeded attention to himself.

Well, I wouldn't really know. None of us does. I'll reserve my judgment until there's more than rumor that's not even related to this incident.

It's disheartening to read that some folks think it's ok for the police to use their authority punitively in such a situation. I can understand dropping the paper or extending a detention as a petty revenge move on the part of a thin-skinned officer. While I don't agree with using a badge that way, I can understand it. Stealing a man's gun, though, is beyond the pale.

[TGO David]

Well, I wouldn't really know. None of us does. I'll reserve my judgment until there's more than rumor that's not even related to this incident.

Ok, one last remark... there ARE people here who really do know. That's why I said what I did. My information may be second hand, but it seems to be fairly accurate. It's not rumor, it's not speculation. It is what it is.

The rest of your post teeters on the edge of absurdity, but it deserves a reply. The officer didn't steal the guy's handgun. He legally seized it since the guy was NOT supposed to be carrying in light of having an expired permit. He COULD have hauled the guy to jail but let him go. I'd say that the officer did him a FAVOR.

It really seems that you're one of those guys who doesn't trust anyone in a position of authority so I'm choosing to end my side of this conversation now for real.

[Guest eyebedam]

You won't find the info here in any particular thread, unless people that know him come forth and say something. I'm referring to events and stories relayed by mutual acquaintances. Apparently this person has the knack to draw unneeded attention to himself.

Well, I wouldn't really know. None of us does. I'll reserve my judgment until there's more than rumor that's not even related to this incident.

It's disheartening to read that some folks think it's ok for the police to use their authority punitively in such a situation. I can understand dropping the paper or extending a detention as a petty revenge move on the part of a thin-skinned officer. While I don't agree with using a badge that way, I can understand it. Stealing a man's gun, though, is beyond the pale.

Ok, one last remark... there ARE people here who really do know. That's why I said what I did. My information may be second hand, but it seems to be fairly accurate. It's not rumor, it's not speculation. It is what it is.

The rest of your post teeters on the edge of absurdity, but it deserves a reply. The officer didn't steal the guy's handgun. He legally seized it since the guy was NOT supposed to be carrying in light of having an expired permit. He COULD have hauled the guy to jail but let him go. I'd say that the officer did him a FAVOR.

It really seems that you're one of those guys who doesn't trust anyone in a position of authority so I'm choosing to end my side of this conversation now for real.

[Guest Abominable_Hillbilly]

Ok, one last remark... there ARE people here who really do know. That's why I said what I did. My information may be second hand, but it seems to be fairly accurate. It's not rumor, it's not speculation. It is what it is.

The rest of your post teeters on the edge of absurdity, but it deserves a reply. The officer didn't steal the guy's handgun. He legally seized it since the guy was NOT supposed to be carrying in light of having an expired permit. He COULD have hauled the guy to jail but let him go. I'd say that the officer did him a FAVOR.

It really seems that you're one of those guys who doesn't trust anyone in a position of authority so I'm choosing to end my side of this conversation now for real.

The length of time the gun has been held is why I call it "theft". When you take and keep something that doesn't belong to you, it's called "theft".

We speak highly of officer discretion, but we don't ever demand that it be applied in a reasonable, mature manner. I guess it would've just been too much to unload the weapon and place it in the trunk, right?

I have no reason to blindly trust the government. That includes trusting its agents. Can you give me one? I'd really like to see a good argument in favor of trusting the government.

[Guest Verbal Kint]

The length of time the gun has been held is why I call it "theft". When you take and keep something that doesn't belong to you, it's called "theft".

Guess he should call the police and report it then.

[Guest Abominable_Hillbilly]

Guess he should call the police and report it then.

Well, if you'll think about your sarcasm for a moment, the little light might appear. This is the very crux of my complaint.

[Guest ColtCCO]

Clarification - Officer Washburn, the ticketing officer, was at no point anything other than apologetic and professional at the time of the ticketing, as well as being helpful on my court date. Before the judge called me, he came and motioned me outside the courtroom and spoke to me about the paperwork I had from Dept of Safety, because he wanted to make sure I got my firearm back. When we testified before the judge, he told his side of the events, making clear to the judge that I was keeping my hands on the wheel, providing my permit voluntarily, and that since my NICS check was clear other than DMV mistakenly canceling my permit, he believed it to be a mistake.

When the judge dismissed the case, Officer Washburn even shook my hand, and gave me directions to the Police Dept to get my firearm. He seem to be a good guy, and I didn't give him any grief, nor did he give me any. I'm certain he didn't make the department policy that's holding up the release of my Springfield, either.

Anyone who thinks I have a history of trouble with the police, might see this incident and the Walmart incident and make an assumption that I somehow bring it on myself with my attitude. However, if you look at the facts of the matter, you will see that the facts don't support that view. Even when I knew I was in the right, I still stayed polite, the entire time. Anyone who knows otherwise would be welcome to surprise me with it, but I don't think they will. This isn't a case of a smart response earning me a traffic ticket, you can't sweet-talk your way out of a misdemeanor crime of going armed, or into one either, unless someone's perjuring themselves.

As far as the "people here who know" what sort of knack I have for drawing attention to myself (getting pulled over requires this knack, right?), as long as they're hiding, I can't really respond to them or their accusations. Since I know that I do everything I can to stay out of the center of the bullseye, I'm not really concerned about it.

Don't worry, I'm sure they'll PM you soon with more tales, and I'm certain they'll be both 100% true, and entirely relevant to the question of whether or not GPD should hold my 1911 indefinitely for an unnecessary trace. After all, the 2nd Amendment wouldn't apply to me if I were a brash and foolish loudmouth, and purposely drawing attention to myself.

[dralarms]

Clarification - Officer Washburn, the ticketing officer, was at no point anything other than apologetic and professional at the time of the ticketing, as well as being helpful on my court date. Before the judge called me, he came and motioned me outside the courtroom and spoke to me about the paperwork I had from Dept of Safety, because he wanted to make sure I got my firearm back. When we testified before the judge, he told his side of the events, making clear to the judge that I was keeping my hands on the wheel, providing my permit voluntarily, and that since my NICS check was clear other than DMV mistakenly canceling my permit, he believed it to be a mistake.

When the judge dismissed the case, Officer Washburn even shook my hand, and gave me directions to the Police Dept to get my firearm. He seem to be a good guy, and I didn't give him any grief, nor did he give me any. I'm certain he didn't make the department policy that's holding up the release of my Springfield, either.

Anyone who thinks I have a history of trouble with the police, might see this incident and the Walmart incident and make an assumption that I somehow bring it on myself with my attitude. However, if you look at the facts of the matter, you will see that the facts don't support that view. Even when I knew I was in the right, I still stayed polite, the entire time. Anyone who knows otherwise would be welcome to surprise me with it, but I don't think they will. This isn't a case of a smart response earning me a traffic ticket, you can't sweet-talk your way out of a misdemeanor crime of going armed, or into one either, unless someone's perjuring themselves.

As far as the "people here who know" what sort of knack I have for drawing attention to myself (getting pulled over requires this knack, right?), as long as they're hiding, I can't really respond to them or their accusations. Since I know that I do everything I can to stay out of the center of the bullseye, I'm not really concerned about it.

Don't worry, I'm sure they'll PM you soon with more tales, and I'm certain they'll be both 100% true, and entirely relevant to the question of whether or not GPD should hold my 1911 indefinitely for an unnecessary trace. After all, the 2nd Amendment wouldn't apply to me if I were a brash and foolish loudmouth, and purposely drawing attention to myself.

I don't know you but I sure hope you get you 1911 back soon, they tend to get lonely unless they are caressed and shot often.

[Guest ColtCCO]

I don't know you but I sure hope you get you 1911 back soon, they tend to get lonely unless they are caressed and shot often.

Appreciate the support - I'm in contact with the NRA's Legal advisory people to make sure it will be quickly and safely returned. They's busy with a armful of Chicago lawsuits right now, but I feel like I'm in good hands with NRA's assistance, and they won't let me or my pistol slide through the cracks.

[TGO David]

Well... it sure sounds like you were born under a bad sign or something, because you seem to have some pretty crappy luck.

Hope you get your gun back soon.

[shaftbass]

Appreciate the support - I'm in contact with the NRA's Legal advisory people to make sure it will be quickly and safely returned. They's busy with a armful of Chicago lawsuits right now, but I feel like I'm in good hands with NRA's assistance, and they won't let me or my pistol slide through the cracks.

It's definitely worth the $35 a year.

[DaveTN]

Appreciate the support - I'm in contact with the NRA's Legal advisory people to make sure it will be quickly and safely returned. They's busy with a armful of Chicago lawsuits right now, but I feel like I'm in good hands with NRA's assistance, and they won't let me or my pistol slide through the cracks.

I haven’t read all of this but it’s been seven weeks. Have you went to Gallatin PD and ask to speak to the Shift Commander? Or to the Sates Attorney’s office and talk to them? The weapon can be checked in a matter of minutes; I would be curious to know what the wait is for.

Good luck with the NRA.

[Guest ColtCCO]

Well... it sure sounds like you were born under a bad sign or something, because you seem to have some pretty crappy luck.

Hope you get your gun back soon.

No argument - Trust me, I feel that even one run in with the law over a legally carried firearm, is one too many for the conscientious Carry Permit holder. I've had two so far, and even though I was absolved of all wrongdoing, both times, I can understand how it might appear to others that I'm simply seeking out the confrontation. When I was in court for the recent "going armed" charge, sitting alongside people who, by their own accounts and their charges, were petty repeat offenders of the first order, I felt very strongly guilty and ashamed. Even though I had done nothing wrong, there was still this nested feeling of guilt, that I was HERE, so I must have done something. It was disturbing to me how much the courtroom was overriding my own knowledge that I was innocent. I felt like a criminal, sitting on the bench, and it took the words "I'm going to dismiss this" from the judge for that cloud to lift off of me. Innocent people go to court all the time, and defend their innocence, and I knew that in my mind, but darned if I didn't feel like scum for even having to show up. The shame of feeling like a criminal, when the entire debacle is the fault of some button-pushing Govt. Employee who decided to push the wrong button, is not something I ever want to feel again.

Anyone who knows me, will know that seeking confrontation, especially over my permit, is the farthest thing from the truth - I am even more anal about concealment and staying on the right side of the law than anyone I know, but from a casual observer's point of view, all they see is a guy who can't seem to stop getting detained in connection to his carry permit. I can't help that part, but I think it's fair enough for me to say from my side of the story that I'm not only innocent of the charges, but innocent of attempting to draw attention, or wanting to create a stir over my firearm in front of an officer, or anyone else, in any way. I did not want to become the test case for "does KPD know the Carry Permit law" or "Has my Carry Permit been secretly revoked" anymore than I wanted to test "Will hydrochloric acid burn my face off".

There may be people out there with a reason to dislike me, I don't doubt that calling attention to these kinds of mistakes on the part of the state's employees, makes no friends among them. If you know me personally, I doubt I've given you reason to dislike me, though I may be wrong. If you don't, then I ask that you give the actual person a chance, before you take the word of those who choose to do so, for their own reasons. Anyone willing to pre-judge me or my behavior on stories and hearsay, should be equally confident naming the names, dates and places where I supposedly did whatever I did, or it's just a Paul Bunyan story. If it's who I think it is, who has decided that they can slander me in private, trust me, they don't want to get involved in a public storytelling thread about them - with me. I guess that might be why the stories are being passed around in a covert manner. Think about that, Oh Ye Who Listen to the Stories, and ask yourselves why.

I had to decide to accept dislike and scrutiny when I made the issue public, and only then when it became clear that I was going to have to struggle just to get my property returned. It was not an easy decision, and I can see that it is not going to be universally popular. I had to put my name out there in public, and get as much negative feedback as support. All I ask is that you consider that you might be in my place someday.

Because of that one-button mistake, a simple traffic stop over a minor speeding ticket becomes firearm confiscation, a misdemeanor charge that carries jail time if convicted, a denied firearms purchase, and a court date - you wouldn't be expecting it any more than I did. I doubt you'd want it or have sought it any less than I did, either.

Edited August 23, 2008 by ColtCCO
typos, missing word

[GLOCKMEISTER]

You will get it back... Its just taking time. The deal is they are running a complete trace on the 1911. They shouldnt, but some dept's run them on every gun they come in contact with.

If you want, PM me your name and some info and I can make a call or two. But I honestly think it will be resolved rather quickly.

[Guest ColtCCO]

You will get it back... Its just taking time. The deal is they are running a complete trace on the 1911. They shouldnt, but some dept's run them on every gun they come in contact with.

If you want, PM me your name and some info and I can make a call or two. But I honestly think it will be resolved rather quickly.

I appreciate it - I am familiar with ATF traces, I've assisted in more than a few at the gun store where I worked. Unless I can convince them that the trace is unnecessary, since I had a stolen gun check when I bought it, I'm stuck on their department policy of doing a trace on everything, and since the gun was used, I have no idea how long it could take. The trace may not even be able to be completed, if it was ever sold to anyone who didn't keep a receipt, in which case - perpetual limbo for my gun.

I would have thought it'd be quick too, but it HAS been 7 weeks. Thank you for offering - hopefully, between NRA and GPD, I'll get a resolution, unless ATF hurries up a lot.

[chipperi]

I know not much in Legaleze but if you went to the Judge and made him aware of what they are doing, couldn't he issue a court order to return the gun. Lets see the PD defy that.

[Guest Sancman]

I know not much in Legalese but if you went to the Judge and made him aware of what they are doing, couldn't he issue a court order to return the gun. Lets see the PD defy that.

Depends on the judge, I am sure the PD will respond with a bunch of BS as to why it's taking so long and why they are doing a full trace.

I just hope the PD doesn't "damage" the $1500. pistol on purpose, if the OP was to protest about it being damaged they would most likely say "prove that we damaged it, it was like that when we got it....."

Had a friend of mine that had a pistol deliberately damaged by a PD and he could do a thing about it.....hard to prove who damaged it.

[Fallguy]

I know not much in Legaleze but if you went to the Judge and made him aware of what they are doing, couldn't he issue a court order to return the gun. Lets see the PD defy that.

That is probably what it is going to take.

There was discussion in post 31, 32, 35 and 39 as to whether a lawyer was needed to do this or not.

[Guest ColtCCO]

Finally, after about 7-point-something weeks, I got my gun back. Thanks to all who offered help and advice - I'm very glad to have my stuff back after all this ordeal. I'd take bids on the extra confiscated-and-returned TN carry permit as a genuine two-of-a-kind collectible, but I'm certain that's not legal.

[dralarms]

I sure am glad to see you got it back. Was it damaged in any way?

[Guest ColtCCO]

I sure am glad to see you got it back. Was it damaged in any way?

Nope - I posted full details at the link above. I detail stripped it and looked for damage. None found.

[Fallguy]

Glad you have it back!!

[Guest Sancman]

Great news, I think someone said it before but I think it should be repeated.........enjoy your reunion and now SLOW down!

Enjoy the passing scenery......it looks a lot better from the car than a hospital bed or thru jail cell window;) ( I have no personal experience either of the hospital and jail cell:))

Edited August 30, 2008 by Sancman

[Fallguy]

I have to ask...... Will this make you think twice about handing over you HCP without being asked for it?