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What are my rights for return of property when a police officer takes my property into custody? Since May of 2011, SAPD is refusing to return my handgun unless I get a court order or get a doctor to tell them to return it to me. I have asked for such in writing on 3 occasions via fax but so far they have ignored my all my written requests as to which procedure I need to follow to regain possession of my property.
Me: I am a home owner in Encino Park, 48 years of age, no criminal history, no history of mental illness... however I am homebound-disabled with MS & Pulmonary Fibrosis. The latter which has rendered me homebound for the most part because humidity and exertion endanger my health and ability to sustain life.
I am the legal owner of the gun and have the documents to verify such, the handgun is registered in my name and was never involved in any crime whatsoever. There is no criminal or misdemeanor case pending surrounding the pistol or myself.
How is it that SAPD can refuse to return my property or place such ridiculous and almost impossible demands for me to comply with regarding the return of my property? Are there current laws that permit SAPD to keep my property from the rightful owner(s) if said property is not being held pending a legal case?
My biggest concern is my safety. My home was burglarized by an unknown party (though XXXXX XXXX has bragged to others about committing the crime when he got out of jail) and there was a burglary of Habitation by an off duty Bexar County Sheriff Officer which was witnessed by me and two other individuals. Being disabled and having to deal with not one but two prior incidents along with many other reported break ins in my area, I depend on my firearm to protect my safety and my home.
Can Police Officers do this?
What are my rights for return of property when a police officer takes my property into custody? Since May of 2011, SAPD is refusing to return my handgun unless I get a court order or get a doctor to tell them to return it to me. I have asked for such in writing on 3 occasions via fax but so far they have ignored my all my written requests as to which procedure I need to follow to regain possession of my property.
Me: I am a home owner in Encino Park, 48 years of age, no criminal history, no history of mental illness... however I am homebound-disabled with MS & Pulmonary Fibrosis. The latter which has rendered me homebound for the most part because humidity and exertion endanger my health and ability to sustain life.
I am the legal owner of the gun and have the documents to verify such, the handgun is registered in my name and was never involved in any crime whatsoever. There is no criminal or misdemeanor case pending surrounding the pistol or myself.
How is it that SAPD can refuse to return my property or place such ridiculous and almost impossible demands for me to comply with regarding the return of my property? Are there current laws that permit SAPD to keep my property from the rightful owner(s) if said property is not being held pending a legal case?
My biggest concern is my safety. My home was burglarized by an unknown party (though XXXXX XXXX has bragged to others about committing the crime when he got out of jail) and there was a burglary of Habitation by an off duty Bexar County Sheriff Officer which was witnessed by me and two other individuals. Being disabled and having to deal with not one but two prior incidents along with many other reported break ins in my area, I depend on my firearm to protect my safety and my home.
Can Police Officers do this?
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