Expert: Dan Haynes - 5/23/2011

Question
I arrested about a year ago and was convicted of misdemeanor assault. At the time of my arrest the police confiscated 2 handguns and 2 shotguns. One of the handguns was registered in my name and the other in my wife's name. The shotguns were family heirlooms handed down through generations. I really don't want to loose the shotguns. I got 5 years probation and return to court in 2 years to see is we can change this conviction to a PBJ. My question is can my wife get her weapon back along with the 2 shotguns that were confiscated. I keep getting the run around with the police and cant seem to get a straight answer from anyone. Also how long will they keep the weapons before they destroy them? Thanks

Answer
James,

Thanks for asking. I was recently involved in a similar case. In order to get my weapon back I a court order for the release of the property was needed. This has to come from a judge. Then they told me they could not ship the weapon directly to me and that it would have to go to a local police officer. It could be picked up from the officer. I finally ended up writing a letter to the judicial office and this got the ball rolling.

I think that a similar process would be used in your case.

Best regards,

Dan