How can I get my Gun Back (VA)

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; 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 ...

Page 1 of 2 12 LastLast
Results 1 to 15 of 30
Like Tree14Likes

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

  1. #1
    Member Array Outer_Heaven's Avatar
    Join Date
    Nov 2011
    Location
    Virginia
    Posts
    156

    How can I get my Gun Back (VA)

    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. #2
    Guest Array Guest1's Avatar
    Join Date
    Jun 2011
    Location
    home-astan(FINALLY)
    Posts
    1,125
    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.

  3. #3
    VIP Member
    Array RoadRunner71's Avatar
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,384
    Talk to your lawyer, not an internet forum.
    357and40, TN_Mike, ecrist and 5 others like this.
    "Mind own business"
    "Always cut cards"

  4. #4
    VIP Member Array rammerjammer's Avatar
    Join Date
    Oct 2009
    Location
    Omaha, Nebraska
    Posts
    3,513
    We can't really help you. A lawyer can.
    "Was there no end to the conspiracy of irrational prejudice against Red Ryder and his peacemaker?"

    Revolvers, “more elegant weapons for a more civilized age.”

  5. #5
    VIP Member
    Array archer51's Avatar
    Join Date
    Nov 2007
    Location
    VA
    Posts
    21,636
    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.
    Freedom doesn't come free. It is bought and paid for by the lives and blood of our men and women in uniform.

    USAF Retired
    NRA Life Member

  6. #6
    VIP Member Array smolck's Avatar
    Join Date
    Mar 2011
    Location
    Alabama
    Posts
    3,190
    I'd like to hear the story of what happened.

  7. #7
    Member Array killingjoke's Avatar
    Join Date
    Oct 2011
    Location
    san tan valley,az
    Posts
    41
    Quote Originally Posted by smolck View Post
    I'd like to hear the story of what happened.
    I second that.

  8. #8
    VIP Member Array dukalmighty's Avatar
    Join Date
    Feb 2008
    Location
    texas
    Posts
    15,179
    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
    MadMac likes this.
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
    --Mayor Marion Barry, Washington , DC .

  9. #9
    Ex Member Array azchevy's Avatar
    Join Date
    May 2007
    Location
    Oceanfront Property
    Posts
    3,850
    Quote Originally Posted by smolck View Post
    I'd like to hear the story of what happened.
    +2 on the story

  10. #10
    Distinguished Member Array AKsrule's Avatar
    Join Date
    Dec 2004
    Location
    Pennsylvania
    Posts
    1,387
    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)
    CONSULT A LAWYER NOW !...........

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

    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).

    ------------------
    -------
    -SIG , it's What's for Dinner-

    know your rights!
    http://www.handgunlaw.us

    "If I walk in the woods, I feel much more comfortable carrying a gun. What if you meet a bear in the woods that's going to attack you? You shoot it."
    {Bernhard Goetz}

  11. #11
    VIP Member Array smolck's Avatar
    Join Date
    Mar 2011
    Location
    Alabama
    Posts
    3,190
    Quote Originally Posted by AKsrule View Post
    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).

    ------------------
    According to his post, the OP doesn't fall into ANY of these categories. If he did, his permit would have been revoked.
    Hopyard likes this.

  12. #12
    Senior Member Array bbqgrill's Avatar
    Join Date
    Apr 2008
    Location
    In Delaware, East of the Mason Dixon Line.
    Posts
    797
    Quote Originally Posted by RoadRunner71 View Post
    Talk to your lawyer, not an internet forum.
    Quote Originally Posted by rammerjammer View Post
    We can't really help you. A lawyer can.
    Quote Originally Posted by archer51 View Post
    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.
    Rock and Glock likes this.
    "To believe that social reforms can eradicate evil altogether is to forget that evil is a protean creature, forever assuming a new shape when deprived of an old one." - SAT

    Never argue with an idiot - they'll bring you down to their level then beat you with experience.

  13. #13
    VIP Member Array smolck's Avatar
    Join Date
    Mar 2011
    Location
    Alabama
    Posts
    3,190
    Quote Originally Posted by bbqgrill View Post
    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.

  14. #14
    Member Array 19florida56's Avatar
    Join Date
    Sep 2011
    Location
    work has me all over the place
    Posts
    20
    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?

  15. #15
    Distinguished Member Array Anubis's Avatar
    Join Date
    Dec 2004
    Location
    Arapahoe County CO
    Posts
    1,798
    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.
    MadMac likes this.

Page 1 of 2 12 LastLast

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Search tags for this page

can a person with a misdermeanor record buy fire arms in va.
,

can i get my gun back from police

,

how do i get my gun back from the police

,
how do i get my gun rights back in virginia
,
how to get gun back from police
,

how to get gun rights back in virginia

,
how to get my gun back from police
,
how to get my gun back from the police
,
how to get your firearm back from the police
,
how to get your gun back from the police
,
how to get your gun rights back in virginia
,
reckless handling of a firearm in virginia
Click on a term to search for related topics.