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Thread: Return of confiscated firearms
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October 10th, 2014, 02:30 PM #1Junior Member
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Return of confiscated firearms
Hello everyone
So a few months ago I went through a dispute with the courts and had my two hand guns confiscated. The case was dropped and closed and now I'm getting a run around about getting my guns back. The lawyers are asking for an outrageous amount of money with no guarantees the DA won't tell me anything and the police department are just being assholes
So in short what can I do or how do I go about getting my property back
It's my understanding from the little advice that the lawyers have given me is that there is no legal right for the courts to not return the weapons.
What should I do??
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October 10th, 2014, 02:39 PM #2Banned
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Hermitage,
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Re: Return of confiscated firearms
Go to the police department who took your guns. Tell them you'd like to pick up your weapons. They will make you sign papers and give your guns back. If they won't do that then ask what needs to be done to get them back. I had to deal with this twice. Both times I was not in any legal trouble it was the people I lived with and the police took my guns since they were in the household. Once the court cases were finished I went to the police station and explained what happened and received my guns. You may have to go before a judge but they should give you that info. If the court cases all over I wouldn't waste money on a lawyer IMHO
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October 10th, 2014, 02:50 PM #3Junior Member
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Re: Return of confiscated firearms
I tried that already they told me to get a written notice from the DA to return then. When I contacted the da they told me to call some one else and so one. Basically no one can give me a straight answer. They keep asking to get a court order or return of property but the lawyers are telling me other wise
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October 10th, 2014, 02:53 PM #4
Re: Return of confiscated firearms
Gunlawer
Gunlawer
Gunlawer
Please wait, you'll get advice shortly.Rules are written in the stone,
Break the rules and you get no bones,
all you get is ridicule, laughter,
and a trip to the house of pain.
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October 10th, 2014, 03:12 PM #5Active Member
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Ambler,
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Re: Return of confiscated firearms
You most likely need to file a Motion for Return of Property under Pennsylvania Rule of Criminal Procedure 588. You can find that rule here: http://www.pacode.com/secure/data/23...ter5/s588.html. Here's a generic form for the petition: http://www.courts.phila.gov/pdf/form...f-Property.pdf. This is a form for Philadelphia so if you are in a different county, you should check with the Clerk of Court to see if they have a different form you can use. Either way, you will want to lay out the facts behind why your property was taken and the circumstances surrounding it, why you are entitled to its return, and the efforts you have taken to get it back.
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October 10th, 2014, 03:22 PM #6Junior Member
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Re: Return of confiscated firearms
Thank you for that info
Much appreciate
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October 10th, 2014, 03:38 PM #7
Re: Return of confiscated firearms
The Chester County DA (Tom Hogan) courts the pro 2A vote. ADA Chuck Gaza has done some positive looking things. I think you might at least get a straight answer from the DA's office.
Boy, I say boy, you're reaching the limits of my medication!
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October 10th, 2014, 03:47 PM #8
Re: Return of confiscated firearms
If the DA's office isn't being helpful, work up the chain. Talk directly to the DA if you have to. If there is no satisfaction politely remind them that elections are coming up...
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October 10th, 2014, 03:52 PM #9Junior Member
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Re: Return of confiscated firearms
Now that I have not tried
I'll be calling the DA on on Monday
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October 10th, 2014, 03:56 PM #10
Re: Return of confiscated firearms
Do not forget to let the DA that you post here.
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