How do I get my legal guns back after they were impounded for shooting in the desert?
went shooting with a couple of buddies. apparently their was a no trespassing sign..we shot plates for a little bit until a bunch of cops showed up...they cited us for trespassing, gave us a court date and impounded my guns(that are all legally purchased)..they said I might get them back after my court date.I have never commited a previous crime..this is petty. I spent thousands on these guns. will I get them back?
Answers:
Well you might after your court date...
"they said I might get them back after my court date"
That's your answer -- after your court date, maybe.
It depends on whether you are found guilty, and what the penalties are for whatever you are being charged with.
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EDIT: Good procedural reminder by DaleS (below).
It is very important that you have your lawyer file a seized property claim with the department that took your guns. Otherwise, they look forward to selling them at auction.
Depends on how lax the laws are there..if this is California and the guns they took are not of questionable appearance, they will return them if you fillout the form they give you. Most likely you will get them back if you fill out the forms, but you MUST fill out the forms...they will destroy them if you don't. Make sure to do everything with the book..and next time..go to gun range.btw if you are in California and they took your legal ar-15 or ak..I'd suggest you get a lawyer(that's if it's offlist..check out calguns.com for more info on this).
land posted as no trespassing has to have the land posted every so many feet or yards, chances are the land was not correctly posted.
If its only a trespass, you will probably get them back. If there is any weapons offense involved, you will probably not get them back. Whether you do get them back will depend on how the court resolves your case.
They may make you jump through hoops to get them back, but you will as there is no jurisdiction in the U.S. that can legally sieze property for trespassing. If that is all you were charged with you have nothing to worry about providing you do all the paperwork. I am suprised coragryph didn't tell you this, he alludes to the fact that he is an attorney. But then again, he never said he was a good one. As a matter of fact his legal knowledge seems to be a little fuzzy in the 2nd amendment arena.
I don't know what state you are in.
But it must be an anti gun state.
Maybe they took your guns under the fact that the guns themselves were used in the commission of a crime, (Tresspassing).
I personally think you were jerked around.
If you get caught tresspassing during hunting season, they dont take your gun, they give you a ticket for tresspassing.
You had better go ask some questions, or else your a punk for letting the cops bully you around and take your guns..
I would be pissed.
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