Getting my gun back.

[adidas4862]

About a 1 1/2 years ago I was charged with loaning or lending a firearm, the case was dismissed before we even saw a judge. The police took my weapon based on the circumstances and now since everything was dismissed I was wondering about how I can go about getting my weapon back. However the police won't give it back. Since all charges were dismissed do they have legal right to keep it? If anyone has any insight to this please let me know.

[PaBimmerGuy]

since there was no crime i dont see how they can keep your gun. maybe you need to get a lawyer.

[JB19Kilo]

Well my understanding is that under "civil asset forfeiture" although you were not convicted of a crime, since the weapon may have been involved in illegal activity it can legally be seized by the police. At this point the asset to be forfeited is in question legally, not your particular actions (if that makes sense). In order to obtain your property the burden of proof would now lie on you to prove not that you committed no crime, but rather that the weapon was not involved in any wrongdoing.

IANAL... this is just what I've read, and honestly I don't know how this specifically applies in Pennsylvania. I was simply throwing it out there that I've heard of it being difficult to get your stuff back in certain situations.

Where's PAgunlawyer?! probably sleeping like a normal human being since it's after 3 am.

PS what the hell is a charge for lending or leasing? I can't borrow my friends guns?

[donm]

PS what the hell is a charge for lending or leasing? I can't borrow my friends guns?

Under PA law, it is illegal to borrow a handgun unless you have an LTCF.

[bac0nfat]

Get a lawyer. I recommend Joshau Prince, he is a gun lawyer located here in PA. Here's a link:

http://www.princelaw.com/Bio/JoshuaPrince.asp

Good luck

[markheck1]

PS what the hell is a charge for lending or leasing? I can't borrow my friends guns?

I'd have to dig a little deeper, someone else might get that for you

Under PA law, it is illegal to borrow a handgun unless you have an LTCF.

Close.....It's Illegal in PA to lend a firearm to someone who does not have a license to carry or another exemption, see HERE for details of the statute

About a 1 1/2 years ago I was charged with loaning or lending a firearm, the case was dismissed before we even saw a judge. The police took my weapon based on the circumstances and now since everything was dismissed I was wondering about how I can go about getting my weapon back. However the police won't give it back. Since all charges were dismissed do they have legal right to keep it? If anyone has any insight to this please let me know.

My guess being NAL...is you will have to petition the court for return of seized property.....do some research on this I believe it can be done Pro-Se...or in Laymans terms representing yourself. Also a lawyer might be a good idea, but unless the gun has sentimental value, or just principles alone, it may cost more than the gun is worth.

[CHEMICAL]

If it's been over a year your gun may now be part of a street light. Good luck getting it back. I hope you do.

[ImminentDanger]

About a 1 1/2 years ago I was charged with loaning or lending a firearm, the case was dismissed before we even saw a judge. The police took my weapon based on the circumstances and now since everything was dismissed I was wondering about how I can go about getting my weapon back. However the police won't give it back. Since all charges were dismissed do they have legal right to keep it? If anyone has any insight to this please let me know.

What Police Department is this??

Did the borrowing party have an LTCF?

...
ID

[adidas4862]

What Police Department is this??

Did the borrowing party have an LTCF?

...
ID

Did not but he was not borrowing it. It's a really long story and I don't want to post details on here just yet. He pretty much left without telling me, and he knew it was in there. The case was dismissed because it was all just a misunderstanding and the LEO didn't have a problem it was a higher ranking officer that made the charges.

[HiredGoon]

This happened 1 1/2 yrs. ago...why are you just now trying to get your gun back...or have you been trying all this time?