domestic gun seizures

[larryg]

this is my first post here , so HELLO TO ALL .. ive got a bit of a problem and need some advice..here goes

last month the girlfriend and i got into an arguement and a neighbor must have called the cops ... i ended up getting locked up with a short list of lame charges , all misdomenors ..... then they came back with a warrent and took all my guns/ammo/mags etc etc .. 15 guns and around 10k in ammo .. now the girlfriends not showing up in court and the charges will be dropped after my next court date , but what about my guns ? do i get them back ?

i have a lawyer and he says we have to file some paper work then ''ASK'' for them back and if they say ''NO'' then we have to fight for them .... im guessing im screwed here ..cant really see the cops letting me walk out of the district with an arsenal ......................i cant just cant understand how they can take them then KEEP them after the case gets thrown out of court ..the way i see it is ... charges are dropped now give me my stuff back NOW

thanks for your help guys

[NineseveN]

IANAL, but I think it's a 502 motion to return property, which has to go before the judge. It might take some time depending on the court schedule. If the Police and DA fight it, you'll have to battle it out in court.

[LittleRedToyota]

Originally Posted by larryg

i have a lawyer and he says we have to file some paper work then ''ASK'' for them back and if they say ''NO'' then we have to fight for them .... im guessing im screwed here ..cant really see the cops letting me walk out of the district with an arsenal ......................i cant just cant understand how they can take them then KEEP them after the case gets thrown out of court ..the way i see it is ... charges are dropped now give me my stuff back NOW

welcome to the reality of our so-called "justice" system that is *supposedly* based on our constitution and the concepts of due process and rule of law...supposedly.

[Chilly16]

Things could be worse....At least you have a shot a getting them back.
PHILADELPHIA (CBS 3) ― Philadelphia Police announced the confiscation of more than 100 guns in two separate incidents.

Officers were called to the 1700 block of Barbara Street after reports of a home invasion on April 15. A male told police three armed suspects entered the home and struck him several times.

Police quickly issued a warrant for one of the suspects on the 2700 block of Kirkbridge Street. The suspect was not located, but a search of the home turned up 51 firearms, including handguns, rifles and shotguns.

On April 16, police were called to the 1100 block of Durham Street after reports of a distressed male. The male told officers he was suffering from depression and schizophrenia and that he had several firearms in the home.

A subsequent search of the home led to the discovery of 62 firearms and over 6,000 rounds of ammunition. The male was taken to an area hospital for treatment.
It is unclear if any charges have been filed. Both incidents remain under investigation
Anyway, I'm sure you have a long road ahead of you. Good luck!! One would think your laywer would have an answer for you. Sadly it seems when it comes to firearms no one ever has a definitive answer.

[larryg]

thanks for the helpful info ....

yup this entire situation is bullsheet ..... hmmmm they take my guns .... charges get dropped ......... they keep my guns ?? lol what a sweet deal for the ''MAN'' .....you know out of all my stuff the one gun im gonna miss badly is my saiga-12 with a 20rd Wraithmaker drum !!! WTF .... why should i have to go to court and explain myself to complete strangers why i own what i own ?? i can understand if my stuff was illegal and all but its NOT , all perfectly legal just not politically correct..

blah blah blah

[NineseveN]

Originally Posted by larryg

thanks for the helpful info ....

yup this entire situation is bullsheet ..... hmmmm they take my guns .... charges get dropped ......... they keep my guns ?? lol what a sweet deal for the ''MAN'' .....you know out of all my stuff the one gun im gonna miss badly is my saiga-12 with a 20rd Wraithmaker drum !!! WTF .... why should i have to go to court and explain myself to complete strangers why i own what i own ?? i can understand if my stuff was illegal and all but its NOT , all perfectly legal just not politically correct..

blah blah blah

In all honesty, if it goes to court, the guns themselves won't be the issue, you will be. Are you a prohibited person or are you a danger to yourself or others? That'll be what the court considers. The first is pretty cut and dry, depending on your background and your actions, the second might get sticky.