Dekalb: Confiscated weapon lost

[Primus]

I'd like to shake the hand of the gunsmith that could determine with any certainty a certain pistol had fired 300 rounds or only fired 100.

You just quoted his post...

Along with his other super powers...

Sent from my XT907 using Tapatalk

 

[davidmcbeth]

Well, if the guy cleaned his gun and it was in that condition when stolen it would not be hard to prove that it was used afterwards if the thieving cop did not clean it before returning it (hint: most thieves are not too bright)

 

[Superlite27]

What if it was extremely dirty and lead fouled when confiscated, but returned perfectly clean?

Would that be considered evidence it was fired?

Even if it was, since it was cleaner when returned than when it was confiscated, could it still be argued that it depreciated?

 

[oc4ever]

What if it was extremely dirty and lead fouled when confiscated, but returned perfectly clean?

Would that be considered evidence it was fired?

Even if it was, since it was cleaner when returned than when it was confiscated, could it still be argued that it depreciated?

At this point, when the gun is returned and has any damage or wear, it would not take much convincing to a small claims court judge that after 6 years of being"lost" and damages that occurred they owe you the cost of a new gun , plus damages($$) for them unlawfully "renting" it all this time. When you go to court , bring with you proof what several different shooting range rents a handgun similar to this for every day at the range……and your loss of not having it.

 

[davidmcbeth]

At this point, when the gun is returned and has any damage or wear, it would not take much convincing to a small claims court judge that after 6 years of being"lost" and damages that occurred they owe you the cost of a new gun , plus damages($$) for them unlawfully "renting" it all this time. When you go to court , bring with you proof what several different shooting range rents a handgun similar to this for every day at the range……and your loss of not having it.

I would say, if such a condition is observed, that it was stolen by a LEO, used and returned...depriving the use of the gun for years...creating much emotional distress...

I would sue for 10 zillion dollars.

Believe you me ... a default is the likely result as they will not want to answer discovery

 

[Primus]

Clearly this was used as a drop gun.

 

[Rusty Young Man]

I'd like to shake the hand of the gunsmith that could determine with any certainty a certain pistol had fired 300 rounds or only fired 100.

I'm no gunsmith, but in this case it should be possible to tell the difference between a gun that has had 25 rounds through it and one that has had a few tens or hundreds through it; some tell-tale wear patterns appear depending on the type of pistol. For instance, my 1911 has distinctive marks that were not on the barrel hood or the lower barrel lugs about ~7-900 rounds ago.