Charles, what do you think of this?

SJRTX · #1

http://glocktalk.com/showthread.php?s=&threadid=369245

Hi guys maybe you guys can help me out here I was in a car accident late last night and had to go to Hospital, I enformed the officer at the scene that, I had a chl licence and my weapon was on me at the time. (HK USP full size 9mm and one magazine) There was a citation issued due to a failure to yield and yada yada. Now I asked the officer if i could have my weapon back and he said that he was going to send it down to evidence, and that it would be tested balistically to see if it was used in a crime and that I could pick it up downtown later on. Now due to being injured i didn't argue or complain and today I called the traffic unit and they said that if it is sent to evidence that i would not get it back till after the trial (three months from now.) I need help guys what Is going on here.

Npc5 (Houston TX)

#2

SJRTX:
I tried to register on glocktalk, but had a problem. Please send this fellow a PM and have him call me at my office Monday. I'll send you my contact numbers by PM.

Regards,
Chas.

SJRTX · #3

I sent him the message, Charles. If his story is true, then thats completely absurd!

txleapd · #4

Mr. Cotton,

I'm a police officer in the Austin area and originally came across this story on Glock Talk. Since none of us have yet to hear back from the young lad who posted the original thread, I was wondering if he had ever contacted you.

I'm very curious as to the circumstances surrounding this. If you are able to speak of this matter, could you please let me know?

#5

txleapd wrote:Since none of us have yet to hear back from the young lad who posted the original thread, I was wondering if he had ever contacted you.

txleapd:
He did contact me and unfortunately, everything he said is accurate. His pistol was taken "for safe-keeping" while he was transported to a local hospital and the Harris County Sheriff's Dept. refuses to return it, until full ballistic testing is compete. Apparently, the bullet and brass will be maintained, along with other information. The estimates he and I have been given range from 5 weeks to 9 months for this process to be completed. This was nothing directed toward this fellow, but is in keeping with a departmental policy.

I can't say more, other than to say I am working on the matter. I will say I was shocked at what I learned, especially considering the Harris County SO has been very CHL-friendly!

Regards,
Chas.

Chris · #6

i replied to that guy on GT. i think i'd be consulting with my attorney. with the check that agency would be giving me, i could afford a good one; particularly if it's a written policy.

txleapd · #7

Mr. Cotton,

Thank you for your reply. I personally don't understand Harris County SO's policy in these matters. I visit family in the Houston area quite regularly, and would hate to have to be without my duty pistol for 5 weeks to 9 months if I were unfortunately involved in a serious collision while in Harris County.

If you can ever get clarification of the reasoning behind this policy, I would be very appreciative if you could share it with us. I hope that you get this issue remedied soon.

ElGato · #8

Charles, I haven't posted on this because I thought I would see you this past weekend and be able to discuss it with you. I want you to know that I am seriously concerned about this " departmental policy. This is trampling all over rights and could lead to even worse cases than this.
I am sure you are working on this, please stay on top of it and keep us informed as much as you can.
Tom

#9

txleapd wrote:If you can ever get clarification of the reasoning behind this policy, I would be very appreciative if you could share it with us. I hope that you get this issue remedied soon.

I will be happy to report the final result. At this point, I hope to resolve this with a meeting and not just for npc5. If that doesn't work, I know what will.

Regards,
Chas.

#10

This matter has been resolved for npc5; he has his gun back. It is my understanding the policy remains in place.

Regards,
Chas.

Scott Murray · #11

Charles,

Thanks for the work you did on this, and all the other ways you've been working to protect our right to keep and bear arms.

Kalrog · #12

Charles L. Cotton wrote:This matter has been resolved for npc5; he has his gun back. It is my understanding the policy remains in place.

Regards,
Chas.

I am glad he has his property back, but how do we get this moronic policy changed so that it doesn't happen to someone else?

ghentry · #13

If I may add another question... by what authority(law) do they have the right to do this?

#14

Kalrog wrote:I am glad he has his property back, but how do we get this moronic policy changed so that it doesn't happen to someone else?

The short answer is I don't know. I am not optimistic it will be voluntarily rescinded, so options are being weighed. I'm not trying to play it close-to-the-vest, I simply don't have an answer.

Regards,
Chas.

#15

ghentry wrote:If I may add another question... by what authority(law) do they have the right to do this?

Under the facts of this case, I know of none.

Chas.