Can I get my handgun back after being arrested for possession?

Can I get my handgun back after being arrested for possession?

This is a discussion on Can I get my handgun back after being arrested for possession? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Allow me to explain.... My home is in PA, and I go to school in PA. I was going back to school recently and sometimes ...

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Thread: Can I get my handgun back after being arrested for possession?

  1. #1
    Member Array mioduz's Avatar
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    Can I get my handgun back after being arrested for possession?

    Allow me to explain....
    My home is in PA, and I go to school in PA. I was going back to school recently and sometimes depending on weather, I shoot along the bottom of NY then down back into PA to get to my school. I knew that new york was a very strict place to have a gun, so before I left PA, I unloaded my Handgun (mag and all) and placed the emply handgun in the glove box, and the ammo and mag elsewhere. I was pulled over for speeding (turns out NY has a speed limit of 55...) When the LEO asked for my registration, I warned him (so that he wouldnt freak out) that there was a gun in my glove box, and that it was unloaded. Long story short, they realised that I was not a threat to them, and was not TRYING to do anything wrong. But they had to arrest me at the time, becuase its their butts on the line. I went to court for it, and the judge dropped all the charges from my record. My public defender said that they did an "ACD" so that I have 6 months to find a way to get my handgun back from the police. So I called the barracks, and the officer that arrested me said that It had been sent away and that I can't have it back (the public defender said I could) I talked to a few people I know around here, and they say that I should have gotten it back (but they sure arnt lawyers)

    Wondering if anyone had any ideas. The gun was only a taurus PT145 so i'm not about to pay some high priced lawyer to go battle this out over a $300 gun, but alot of people are saying that I should have gotten it back.

    Any thoughts....


  2. #2
    VIP Member Array JimmyC4's Avatar
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    Sorry to sound unsympathetic, but you screwed up and came out of it smelling like a rose; so, I'd just chalk it up to experience and move on.

    Yes, you got the shaft by losing your gun, but it was NY after all...
    "It's a big gun when I carry it, it is also a big gun when I take it out” – Clint Smith

  3. #3
    Member Array LovesGunsUT's Avatar
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    I have no legal background so this is entirely opinion, but if you won in court you should of course get your property back... otherwise it would be illegal seziure and we are "supposed" to be protected from that.

  4. #4
    Distinguished Member Array lowflyer's Avatar
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    I think I would call the Attorney General's office and see what they might be able to do. You could also report it stolen.
    Whatever doesn't kill you postpones the inevitable.

  5. #5
    Member Array gotammo's Avatar
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    Its probably been destroyed, get a new one I don't think you will get anywhere talking the the AG.

  6. #6
    Senior Member Array LoveLeather's Avatar
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    Here's another great reason not to keep your registration in your glove box...clip it to your visor...it puts cops at ease when you go for it and you don't have to make silly announcements about guns in your car.

  7. #7
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    Call the ATF and report it stolen.
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  8. #8
    Member Array myusername's Avatar
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    If all charges were dropped than any legal property connected with the case should be returned. You may run into the state saying that the gun was not legal in their state and therefore does not need to be returned.

    I would at least talk to an attorney in the area. If you know of a 2A friendly one he may formally request your property be returned and not charge you, or just charge you a hundred bucks or so.

  9. #9
    VIP Member Array PatrioticRick's Avatar
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    Go to where they booked you with your paperwork and ask for it back.
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  10. #10
    Senior Member Array Sig229's Avatar
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    Well, many of you are saying he got what he should.

    I say different, he got a justice system. He came out on top, so the man still has his rights.

    That gun is YOUR property, and since you weren't convicted. You should get it back.

    I know I wouldn't want a gun with my prints on it floating around New York.

    Ask for a copy of the "Chain of custody" for the gun.
    Primary Carry Gun: Sig Sauer 229~R (.40cal w/ Golden Saber JHP's)

  11. #11
    Member Array myusername's Avatar
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    I don't know the law there exactly but the problem would be that he has no pistol permit (for owning, not carrying) in NY. He therefore can not legally have a handgun there, they can not release his gun to him in the state of NY as this would be illegal also. He can not transport his gun out of NY as this is illegal as well. Going from the police dept to the state line.

    When the arrest was made the weapon was not legal for him to possess in the state of NY. As with any other illegal property the state keeps it after an arrest even if the charges are dismissed because it is not legal for him to possess.

  12. #12
    Member Array Optimistic Paranoid's Avatar
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    Quote Originally Posted by myusername View Post
    I don't know the law there exactly but the problem would be that he has no pistol permit (for owning, not carrying) in NY. He therefore can not legally have a handgun there, they can not release his gun to him in the state of NY as this would be illegal also. He can not transport his gun out of NY as this is illegal as well. Going from the police dept to the state line.

    When the arrest was made the weapon was not legal for him to possess in the state of NY. As with any other illegal property the state keeps it after an arrest even if the charges are dismissed because it is not legal for him to possess.
    NY is practically unique in that, in most states, you do not need a permit to buy, or possess, a handgun, only to carry it concealed in public.

    In NY, you need the permit just to BUY it, you can't even HANDLE one in the gun stores unless you can show them a permit (or a badge) to demonstrate that you are entitled to do so.

    The only legal exception for an out-of stater to bring one into NY is if you are shooting in an NRA sanctioned match, can then transport in a locked case in the trunk, must have proof you are registered to compete in the match.

    If it were a very valuable gun, you might get a lawyer to attempt to have it transferred to an FFL, who would legally transfer to an FFL in PA to return to you, but as you say, the gun ain't worth that kind of money, and you'd probably lose anyway. It IS a seized, illegal weapon, whether you were thrown in jail or not.

    Write it off.

    BTW, reporting it "stolen" to ATF might could get you charged with filing a false report, or some-such. Depending on their whim . . .
    Regards
    John


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  13. #13
    Member Array ispcapt's Avatar
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    Quote Originally Posted by mioduz View Post
    My public defender said that they did an "ACD" so that I have 6 months to find a way to get my handgun back from the police.
    Explain "ACD". What do those letters mean and what does the phrase mean in NY?
    Did you have to pay a fine or any money to the courts?

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    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by mioduz View Post
    ... the judge dropped all the charges from my record ... the officer that arrested me said that It [my gun] had been sent away and that I can't have it back ...
    If true, then the state of New York has stolen your property ... in which case: thieves. I wish you luck at finding someone honorable in "the system" to understand what has occurred. Maybe Hillary can help?
    Last edited by ccw9mm; February 20th, 2007 at 11:34 AM.
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  15. #15
    Member Array airbornerangerboogie's Avatar
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    I've always wondered what the police do with

    Quote Originally Posted by gotammo View Post
    Its probably been destroyed, get a new one I don't think you will get anywhere talking the the AG.
    confiscated guns. I can see destroying Saturday night specials, but some it would seem a shame to destroy. Maybe the one that pulled you over has it as a BUG now.
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