You can report a crime. The authorities will decide whether it not to bring charges.
No way to tell what if any rights you may have on the slim facts provided.
Chat with a MD attorney about your options. FWIW, if the gun is evidence for a pending case, it may be a very long time getting the weapon back- if at all.
NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.
You may file a civil claim against a police department for seizing your property in violation of your due process rights. However, you can not bring a criminal charge against a police officer. The local prosecuting authority will have to decide whether a crime was committed and whether the incident warrants the initiation of a prosecution.
Have you really thought this through all the way to its logical conclusion? What if the police suspect the gun was used in a crime and they are giving you the run around to see what further evidence they can develop directly from YOU? What if the police are using you to get more information from you? I recommend you not post any more material about the gun on this public forum, and have a consultation with a criminal defense attorney to review the facts, the law, and the legal advice that would be most appropriate for you in this situation. Seriously.
This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship with you. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. I am an attorney licensed in Maryland and California.
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