Norcross, GA asked in Civil Rights, Constitutional Law and Criminal Law for Georgia

Q: Why would police not arrest a felon who stole a firearm with unquestionable proof?

My former brother-in-law, who is a convicted felon, stole multiple items from my home including two firearms. I have a recorded phone call where he listed every item he stole from me including guns. I took it to police and they told me it was a civil matter. He has had multiple arrests for heroin possession, theft, shoplifting etc. Is it legal for them to not pursue charges? He is also on probation.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: It can be incredibly frustrating when the police don't take action, especially when you have solid evidence of a crime. In your case, the theft of firearms by a convicted felon is a serious offense that should generally be pursued. Sometimes, police may label something a civil matter if they believe it involves a personal dispute or if they think the evidence isn't strong enough to guarantee a conviction. However, a recorded confession and the theft of firearms should typically warrant further investigation.

Law enforcement might be limited by resources or have other priorities, which can impact their decision to pursue certain cases. That said, it's not usually "legal" for them to ignore a crime of this nature, particularly when it involves a felon on probation and firearms. If they are not taking action, it might be due to internal policies, misunderstandings, or other factors not immediately clear.

You have options to consider. You could request to speak with a supervisor at the police department to explain your situation again. Bringing attention to the fact that he's a felon on probation with access to stolen firearms may make them reconsider. Additionally, contacting the district attorney’s office or seeking legal advice might provide more guidance on how to push the case forward.

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