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There was an attempted robbery during the day of my home on Feb 8th. I was home and fired 1 shot from my gun to protect myself and missed. My gun was sent to the crime lab for ballistics. That was Feb 8th and it still has not been processed. The officer working the case says there is nothing he can do. So number 1, I have no way to defend my home against further break ins because they have my gun and number 2 if there was any evidence the guy is long gone by now. Something needs to be done. Yet the officer tells me he cannot do anything and I am not allowed to contact the crime lab even to make a complaint.

I guess that'll teach you not to miss!!

Seriously, I'm sorry for your situation. If you missed, what exactly is the ballistics lab testing for?

I was told in case I hit and didn't know it and he went to a hospital for treatment. The bullet was embedded in a wall. Why they couldn't use that one or the ballistics bullet sealed that came with the gun, I don't know.

Can you not get another handgun? Or shotgun? Idk, I'm asking to learn.

I don't have the extra cash right now. But why should I have to replace it when they need to do their jobs.

Contact Public Relations/Internal Affairs Division. Without full details, it's hard to say what's happening, but the only reason anything should be in evidence/ballistics is if there is an ongoing investigation.

HPD has a track record of making it difficult for citizens to get their firearms back. A friend of mine self-surrendered his concealed pistol after a car accident (Preparing for an ambulance ride) and it took months, several phone calls, and a few "discussions" and escalations to get it back.

Nobody gets to tell you who you are "allowed" to call and who you aren't. It might not accomplish anything, but there's nothing that prevents a phone call.

cbunt1 wrote:Contact Public Relations/Internal Affairs Division. Without full details, it's hard to say what's happening, but the only reason anything should be in evidence/ballistics is if there is an ongoing investigation.

HPD has a track record of making it difficult for citizens to get their firearms back. A friend of mine self-surrendered his concealed pistol after a car accident (Preparing for an ambulance ride) and it took months, several phone calls, and a few "discussions" and escalations to get it back.

Nobody gets to tell you who you are "allowed" to call and who you aren't. It might not accomplish anything, but there's nothing that prevents a phone call.

I'm being told by the investigator that the crime lab is not part of Harris County Sherriffs Dept any longer and there is nothing they can do.

So you are saying, that if someone breaks in to my home I should use my cheapest gun? I guess Ill have to go by a hi-point I wont mind losing that for awhile. I have been looking for a reason to get a jhp 45 hi-point

http://www.armslist.com/posts/4786001/h ... -45-acp-45

that's a link to the cheapest gun, that i would buy and trust with my life. I'm going to pick this up this week.

Yep

zimmerdesignz wrote:I was told in case I hit and didn't know it and he went to a hospital for treatment. The bullet was embedded in a wall. Why they couldn't use that one or the ballistics bullet sealed that came with the gun, I don't know.

If your gun came with a fired bullet, it is the first one I've ever heard of anywhere, much less in Texas. Some come with a fired case, simply because some states require it.

If the bullet was imbedded in a wall, they should have retrieved it. Just a few minutes in a lab should be able to tell if it passed through somebody, unless maybe if it were a FMJ. Any expanding round would have carried organic material with it.

It's a simple fact of life we all have to live with... If you fire your weapon in a defensive situation, you will lose it for a while. It stinks, but it just is.

I haven't opened the bag it is sealed. It may be a case not sure. I expected to lose it for a little while but we are well over 3 months and nothing.

Took me over a year and signed order from the judge to get mine back. As long as it is evidence, they will keep it. Once it leaves police custody, it would be worthless in court.
Borrow something from a friend in the interim.

It would seem it is still "the gun what fired the bullet" regardless of the chain of evidence. More so when there is no defendant or prosecutor... At least that's what I get from my TV law degree.

When my 226 Navy was stolen from my gun safe and recovered within a day or two under the seat of a car driven by a couple of young criminals in the parking lot of one of the high schools at 3 AM or so, San Diego PD kept it for ballistics testing and evidence. The perps were charged with a variety of crimes, and eventually pleaded guilty to at least some of those. My pistol remained in custody. I had been given the name and number of a detective who was handling the cases. I called repeatedly, got various explanations for further delay.

In California, to receive a firearm from the government and other situations, you must obtain and present a Certificate of Eligibility for which you apply and pay a fee to the state Department of Justice. Presumably, a background check is run to make sure you are still a good citizen, no criminal, domestic, mental health etc. problems, eligible under state law to possess a firearm. These are good for 30 days. I went through several waiting to get my pistol back.

This detective was almost never available. He rotated through various shifts and stations, went on several vacations. Finally, after weeks of leaving messages, hurried phone calls of excuses, I told him my latest COE was expiring, again, and he told me I could come to police headquarters and pick up the pistol. This was one of the strangest experiences of my life. I was treated with all the enthusiasm and good faith of cats being given a bath. It seemed extremely distasteful to the PD employees to be doing this.

The red dot sight was gone, but I picked up a couple of extra magazines. I forget how long all this was, but I believe it was a bit more than 6 months.

I have never heard of a real crime lab that doesn't have a months-long backlog. And I'll bet they prioritize, for example murders over "maybe he hit him and maybe he didn't." Like noted above, they are not going to release the gun until the investigators and DA think it has no evidence value at all, regardless of what the lab comes up with. If you can borrow a gun until you can scrape up the cash or sell something for another one.

Good luck.