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How can I get my Gun Back (VA)

9K views 29 replies 26 participants last post by  SIGguy229 
#1 ·
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)
 
#2 ·
In our dept.it must be returned in 48 hours,being that your still able to legally own a fire arm,you will need to ask the Court.
 
#12 ·
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#5 ·
As the others have said, discuss it with your lawyer, if you do not have a lawyer, talk to the DA who handled the case.
 
#8 ·
I gotta admit that most SD shootings don't result in convictions for willfully discharging a firearm in a public place,unless the court feels you weren't justified to use that force.
Something tells me a "warning" shot was fired
 
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#10 ·
CONSULT A LAWYER NOW !...........

Depending on your State Laws - you may Now be a PROHIBITED PERSON under FEDERAL LAW. :icon_neutral:
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ATF Online - Firearms - How To - Identify Prohibited Persons

Identify Prohibited Persons The Gun Control Act (GCA) makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms. 18 USC 922(g). Transfers of firearms to any such prohibited persons are also unlawful. 18 USC 922(d).
These categories include any person:

  • Under indictment or information in any court for a crime punishable by imprisonment for a term exceeding one year;
  • convicted of a crime punishable by imprisonment for a term exceeding one year;
  • who is a fugitive from justice;
  • who is an unlawful user of or addicted to any controlled substance;
  • who has been adjudicated as a mental defective or has been committed to any mental institution;
  • who is an illegal alien;
  • who has been discharged from the military under dishonorable conditions;
  • who has renounced his or her United States citizenship;
  • who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; or
  • who has been convicted of a misdemeanor crime of domestic violence (enacted by the Omnibus Consolidated Appropriations Act of 1997, Pub. L. No. 104-208, effective September 30, 1996). 18 USC 922(g) and (n).
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#11 ·
These categories include any person:

  • Under indictment or information in any court for a crime punishable by imprisonment for a term exceeding one year;
  • convicted of a crime punishable by imprisonment for a term exceeding one year;
  • who is a fugitive from justice;
  • who is an unlawful user of or addicted to any controlled substance;
  • who has been adjudicated as a mental defective or has been committed to any mental institution;
  • who is an illegal alien;
  • who has been discharged from the military under dishonorable conditions;
  • who has renounced his or her United States citizenship;
  • who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; or
  • who has been convicted of a misdemeanor crime of domestic violence (enacted by the Omnibus Consolidated Appropriations Act of 1997, Pub. L. No. 104-208, effective September 30, 1996). 18 USC 922(g) and (n).
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According to his post, the OP doesn't fall into ANY of these categories. If he did, his permit would have been revoked.
 
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#14 ·
The court records should show the disposition of your charge. Go to the property department where your firearm is being held and request your property back. You were found "not guilty". You will get your firearm back or a reason why they won't release it. If it is not permanently confiscated then they will tell you what they need to release it to you. I don't understand why you would want to pay a lawyer $300 bucks an hour to get a used pistol back. Do the math-------how much is the pistol worth? And how much is your time worth?
 
#16 ·
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.
 
#17 ·
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 ??
 
#20 ·
7 Days ?!



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.
 
#21 ·
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...
 
#22 ·
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.
 
#23 ·
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.
 
#24 ·
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.
 
#26 ·
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.
 
#30 ·
I think at this point, the OP has some work to do before we can offer any more advice...
 
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