Need some advice. We drilled a safe deposit box for non-payment. The only item inventoried is a hand gun in a plastic bag.

Re-posting my question properly:


We drilled a safe deposit box today for non payment of rent. The only item in the box was a hand gun in a plastic bag. My first concern was to have it checked to make sure it is not loaded. As a result the local police want to take the serial number and run it to make sure it was not used in a crime. My question now is what do I do with the gun? Our contract says: Bank shall have the right after 10 days notice to the renter to forcibly open the safe deposit box in the presence of an officer or employee of the bank and one other witness and remove the contents therefrom. Bank may in its sole discretion either (A) retain the contents on deposit subject to payment of all rent that may be unpaid and of all expenses incurred in opening the safe deposit box and changing the lock and keys and also for the storage of the contents after removal or (B) dispose of the contents as bank may deem proper all without further liability.
Should we turn this over to the police?

I find this question extremely humorous considering your name.

However, to answer your question, if we were in this situation, we would likely contact our attourny previous to contacting the police to get an understanding of our responsibilities and legal loopholes considering the item found. Alos, serial number should be documented on your inventory sheet for the drilled box.

(I find this question extremely humorous considering your name).

I said the same thing to my staff when I started to post.

The safety of the staff who inventoried the box over came my legal sense. I wanted to be sure it was not loaded before it was handled any further. The local police have come back and taken the gun, when the serial number was run they confirmed the registered owner of the gun is deceased, however they have a person of suspect in a homicide in another juristiction in which the same style gun was used.

Sheesh!

That's great they were able to figure that out, but without a search warrent and blatant disregard for the customer's privacy, your bank may be in very hot water, and the evidence may not be admissable in court because of the way it was obtained!

In my opinion, I feel you should contact your attourney immediately.

Is this a case where you could contact your state's unclaimed property office (escheat)? I know it isn't money but it is property in a bank. I could be wrong but I would research that. I wouldn't give the police the firearm. They may not even take it because they don't have a reason to. It wasn't used as a crime. However, it was a gun brought to the bank. Then again, banks aren't supposed to have knowledge of what is in a safe deposit box. Interesting to see how it turns out.

Fitting name btw.

I am on board with Bob in contacting bank counsel. The voluntary disclosure and release of the property to law enforcement without a warrant could prove problematic for the bank.

I would not be concerned with privacy -- the renter is deceased.

True, but he has a family.

Not a privacy issue if they had cause to drill the box. At that point, they took prudent action.

It appears that the necessary steps were taken. Seek legal counsel just so that he/she has that information in the event that somebody wants to insinuate otherwise.

Pup, just because you have cause to drill the box may not mean you have the right to blab and give away the contents.

If it is in opposition to a regulation or statute, you cannot turn a blind eye. I do believe that it is not legal to have a gun in a safe deposit box. If legally found, I don't see why we have to ignore the fact that it was found.

What if you drilled it and found heroin or another drug? What if you drilled it and found pictures of a murder scene?

It's found legally, it must also be reported, in my opinion.

It is one thing to report. However, in this case they have given away the property.

It may turn out that they did nothing wrong, however, in my opinion, it seems like a case you would want a legal opinion on before handing over the property to the police, especially if they do not have search warrant or court order.

If this homicide case goes to court, it is a possibility the weapon may be inadmissible evidence because of the way it was obtained.

If the homicide was committed while the box was inactive and no one had entered box (Bank should have records, then it can't be the gun used in the homicide. The police didn't seize it illegally and the bank didn't gain it illegally. The bank GAVE it to the Police. My first thought would be to turn over to the Police as well, as I would with drugs, or any other illegal contraband.

The police legally obtained the weapon is most likely not possible for any of us determine considering the lack of full knowledge of the story and lack of legal background. Also, the way the poster worded the story is "The local police have come back and taken the gun."

All I am saying is, in my opinion, the Bank's legal attourney should be contacted for a legal opinion, and also should have done so prior to allowing the police to take the property. Especially considering the sensitive nature of the situation.

Last thing you would want to hear in the local news is the murder weapon of the X trial is inadmissible because of Bank Y's inability to follow appopriate legal protocol.

Having the police come in to look at the pistol to determine that it posed no danger (wasn't loaded) is a prudent step. Handing it over to the police was something you should have checked with counsel on. If the cops really needed to have possession, they could have tried a seizure or search warrant, approved by a judge.