Recovering property

[matt_d]

I'm Matt,
My son killed himself in my back yard with my weapon. He was able to sneak the key from my position for my weapons cabinet. In calling the Meridian, ID police to find out the procedure for recovering my weapon, the person said that the weapon was being evaluated for biological hazards before it can be returned, she added that not all these type of materials can be cleaned off surfaces, and went on to say that the district attorney would be involved in this and it is handled on a case by case basis.
This does not give me a warm fuzzy feeling in the pit of my stomach.
I'm thinking 3 scenarios,
1. They are working on building case to prosecute me for not have my weapons secured in a fashion to prevent a wrongful death.
2. They just don't want to let it on go out of general principles because it was involved in a death.
3. Using 1 to keep the weapon and leverage against me if I file for the request of recovery, ergo if I don't file for recovery they won't charge me for 1.

Which is most likely to happen?
What should I do in that case?
Matt_D

 

[army judge]

Condolences on the loss of your son under such tragic circumstances.


If you want the weapon back (God only knows why), hire an attorney. If they prosecute you, which is highly likely, you'll have bigger fish to fry. Again, I suggest you hire a lawyer and clam up. You really don't wanna be on their radar now!!!

 

[mightymoose]

If they were going to prosecute you they would do it whether you request the weapon or not.
Once the police took the weapon as evidence they can't simply give it back- it likely has to be cleared through a state agency and you will likely have to clear a background check just as if you were purchasing it. You just need to find out the procedure and follow the steps. An attorney can certainly help you, but you shouldn't need one just to recover your property.
If the people running the evidence room where the weapon is stored can't give you satisfactory information then try your state attorney general's office... or hire a lawyer.