How can I get my Gun Back (VA) - Page 2

How can I get my Gun Back (VA)

This is a discussion on How can I get my Gun Back (VA) within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Personally, I believe in starting with the simplest answer and working my way up from there. 1) ASK for it back!!!! Go to the police ...

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Thread: How can I get my Gun Back (VA)

  1. #16
    VIP Member Array BugDude's Avatar
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    Personally, I believe in starting with the simplest answer and working my way up from there.

    1) ASK for it back!!!!

    Go to the police station or the Clerk of Court and let them know that you would like to reclaim your property. If there is an issue with it, let them explain it to you or ask them to elevate it to the next level. Politely continue until you get an answer from a reasonable level official, and ask for documentation for whatever answer you receive. Document the conversations.

    2) Ask the District Attorney's office. They should be able to tell you and inform the PD or Clerk of Court as to the proper legal disposition of your property.

    3) If these methods do not yield the return of your property, take the documentation and information of who you spoke with, when, and what they told you and what documentation they gave you and seek legal advice. A brief consult with a local lawyer should not cost you an arm and a leg. They should be able to tell you based on the information you provide whether or not you are legally entitled to reclaim your property. If you're concerned about cost, ask the office how much a consult for this situation would cost ahead of time and decide if it is worth it or not.
    Tzadik and RETSUPT99 like this.
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  2. #17
    VIP Member Array Eagleks's Avatar
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    If you were found not guilty on one count, you had someone representing you I hope.... ask them to assist in getting it back.

    Once the case is 'over', and there are no appeals, etc.... if it's legal to have then they should release it to you. A DA's office can have a hold on it that the Police Dept won't release until they take the hold off, or the Police Dept may have a hold on it, or they may just be hoping you forget all about it. If you leave it in property for too long after the case is closed, they are free to sell or dispose of it as they see fit.

    Are you sure who has it ? Police Dept or DA's office ??
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  3. #18
    Distinguished Member Array ErnieNWillis's Avatar
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    Quote Originally Posted by killingjoke View Post
    I second that.
    Me too

  4. #19
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    Enquiring minds want to know more...
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  5. #20
    Ex Member Array walleye's Avatar
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    7 Days ?!

    Quote Originally Posted by Outer_Heaven View Post
    I'm not sure if this is the right section to ask this in, so If not I'll ask a moderator to move it.

    On the 16th of November I faced two charges, one Reckless Handling of a firearm and one Shoot in Public place willfully (No injury). Both of which are Class 1 Misdemeanors. I was found not guilty of reckless handling and guilty of willfully shooting in a public place. Both of which took place at the same time and were done in self defense. I got a slap on the wrist as a punishment and my Concealed carry permit was not revoked. So can I get my gun back? Where do I even start? Will it take more than 7 days to get it back? (7 days I'm leaving to Texas)

    What caught my eye is leaving to Texas in 7 days.
    I don't know if that means you're a resident of Texas, just visiting VA for the holiday or what. But if it's that, or just that you won't be back to VA soon, get the lawyer who handled the case to MOVE on this (I hope you had a lawyer............) Once out of State, it's going to be twice as difficult.

    But like someone else said - ask first! or get your lawyer to. But you really got to haul-behind here: Thursday - and likely Friday - are holidays for the people who you'd be approaching. Gives you today, Wed, next week Mon and Tues.

  6. #21
    VIP Member Array SIGguy229's Avatar
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    Lawyer? What happened? What county did this happen?? Depending on the circumstances (and how it was written up in the report), maybe contact the VCDL...
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  7. #22
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    A few folks have asked what happened. I have no idea as I'm not the OP. I can easily envision what he described as arising from using a gun to defend against a dog attack. IT would be a SD situation. The "carelessness" charge wouldn't apply, hence that was not guilty; he certainly would have actually discharged the gun, hence the guilty part for firing.

    In some places with some DAs it really doesn't matter what happened. Something happened and so a charge has to be brought. After all, Fido got frightened and ran away. Lucky animal cruelty charges aren't pending. If he shot the dog they'd find a way to make it a felony.

    Now, I too want to hear what really happened.
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  8. #23
    Senior Member Array Tzadik's Avatar
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    When I was arrested (years ago, not guilty, long story) I was able to get my firearm back, at the Police Headquarters, the day after the trial . They couldn't give it to me in court, of course.
    This was in Virginia Beach back in '88. I don't know if it's different in other parts of VA.


    Ask. Then play it from there.

  9. #24
    Member Array ktulu92fs's Avatar
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    i'd like to know what happened. i worked with a guy recently who was fired for lying on his application. he had been convicted of (i think) unlawfully discharging a firearm in public. no one knew about it until he came into work one day and said something about it to the boss. he needed off work to go to a court date. apparently, he was surrounded by a group of men one night and they attacked. they were able to get in a few good blows before the ex-coworker drew his glock and fired a warning shot. his lawyer said he would have been better off shooting at least one of the attackers. it would had been an open and shut case of self defense. not sure how it turned out for him legally.

  10. #25
    VIP Member Array Majorlk's Avatar
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    In most states, warning shots almost never turn out well. Prosecution for unlawful discharge of a firearm is common.
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  11. #26
    Member Array DaveT's Avatar
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    The gun was held as evidence. The Police property room can not and will not release the gun unless they have orders from the DA's office to do so.

    Contact the DA or ADA who prosecuted your case and ask them for a release of evidence authorization form. Once that has been completed, they may send it through channels to the Police Department poperty room, or they may simply give it to you so that you can hand carry it there.

  12. #27
    Senior Member Array Fragman's Avatar
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    I want to know what happened too. BUT....

    Unless this case is completely closed, (and if you haven't got your property back, it may NOT be), I strongly advise you to NOT tell the story here. Go see your lawyer!!

  13. #28
    Member Array 19florida56's Avatar
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    Since you said you were "slapped on the wrist" I do not want to hear about how you reflected badly on the rest of us with your miss use of a hand gun while being a cc holder. You asked for suggestions, you got them, just reply if any worked for you to get your hand gun back, we might learn something.
    Last edited by 19florida56; November 27th, 2011 at 03:39 PM. Reason: spelling

  14. #29
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    Quote Originally Posted by BugDude View Post
    Personally, I believe in starting with the simplest answer and working my way up from there.

    1) ASK for it back!!!!

    Go to the police station or the Clerk of Court and let them know that you would like to reclaim your property. If there is an issue with it, let them explain it to you or ask them to elevate it to the next level. Politely continue until you get an answer from a reasonable level official, and ask for documentation for whatever answer you receive. Document the conversations.

    2) Ask the District Attorney's office. They should be able to tell you and inform the PD or Clerk of Court as to the proper legal disposition of your property.

    3) If these methods do not yield the return of your property, take the documentation and information of who you spoke with, when, and what they told you and what documentation they gave you and seek legal advice. A brief consult with a local lawyer should not cost you an arm and a leg. They should be able to tell you based on the information you provide whether or not you are legally entitled to reclaim your property. If you're concerned about cost, ask the office how much a consult for this situation would cost ahead of time and decide if it is worth it or not.
    Do this...
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  15. #30
    VIP Member Array SIGguy229's Avatar
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    I think at this point, the OP has some work to do before we can offer any more advice...
    Magazine <> clip - know the difference

    martyr is a fancy name for crappy fighter
    You have never lived until you have almost died. For those that have fought for it, life has a special flavor the protected will never know

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