How can I get my Gun Back (VA)

[Outer_Heaven]

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)

[DefensiveCarry.com]

[Guest1]

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.

[RoadRunner71]

Talk to your lawyer, not an internet forum.

[rammerjammer]

We can't really help you. A lawyer can.

[archer51]

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.

[smolck]

I'd like to hear the story of what happened.

[killingjoke]

I'd like to hear the story of what happened.

I second that.

[dukalmighty]

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

[azchevy]

I'd like to hear the story of what happened.

+2 on the story

[AKsrule]

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)

CONSULT A LAWYER NOW !...........

Depending on your State Laws - you may Now be a PROHIBITED PERSON under FEDERAL LAW.
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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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[smolck]

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.

[bbqgrill]

Talk to your lawyer, not an internet forum.

We can't really help you. A lawyer can.

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.

Those really are the answer.

[smolck]

Those really are the answer.

Agreed. But what the heck happened in the first place? I want to know how I can be charged with willful shooting in a public place in an SD situation.

[19florida56]

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?

[Anubis]

Agreed, 19florida56. Abandon any attempt to recover the pistol. Hiring a lawyer, even if you win after months of waging legal war, will be more expensive than buying several replacements.