Re: Getting firearm back

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On 9/21/09, JR wrote:
> I was arrested for Domestic Violence last year (NO weapons
> involved). When the police came to my house they asked if
> I own any weapons, which I do legally. They asked me where
> it was and they took it and left me a receipt. Long story
> short, I was not charged and now am trying to find out how
> to get it back. Can anyone help?
> JR - in L.A., CA
If you weren't convicted (or even if you were) since a
legally owned firearm was not involved, if you had an
attorney all the attorney has to do is file a request with
the court to have your property returned to you. I've done
this often. The US Supreme Court has ruled that seizing a
person's firearms, lawfully owned, based on a domestic
charge is unconstitutional. Problem is that many counties in
states have never changed their forms so that once you deal
with the first hearing, you get a form that says you must
turn over all firearms (and in most places that actually
includes bows/arrows). The cops can only go by the judge's
order. You just need to talk with your attorney and. unless
I'm missing something, you'll get them back.