gun question

[sdmom317]

What is the name of your state (only U.S. law)? was in minnesota

my husband was arrested in his tractor and to make a long story short he pleaded to 5th degree assult and unlawful transport of a firearm. we were on our property. We didnot call the cops someone eles did. the gun was in the tractor when he was arrested and was taken by the cops. Problem is that the gun was mine. Bought before we were married and they will not give it back. Been trying to for 6 months. Then out of the blue my husband got a summons for forfeiture of the gun. 11 months after the plea. No one was hurt and the gun was not used during any crime. I sent a certified letter to the da requesting my property back but still no word from them, need advise. has anyone out there actually got their gun back after taken by police? thank you

 

[Victorxyz3]

There a reason why he could not have a gun? And what plea are you talking about. Really, have the affected party post.

 

[sdmom317]

I would be the affected party. We got into an argument he threw an empty pop can and hit me in the arm. I guess i should not have told the police that 2 hours after they showed up at our house. He was in the tractor baling hay the gun was in there (which it always was) when they went to arrest him. He took a plea agreement so that we could get it done and over with. that would be the 5th degree assult and then the gun in the tractor on our property would be the illegal transport of a fire arm. Neither of us have ever had any tickets let alone any contact with police before. We both have our guns rights. Thats why i cant understand why they wont return it to me.

 

[CdwJava]

If this is a domestic violence related assault, then he is likely prohibited from possessing a firearm. As such, if you were to get it back, you would likely have to show that it was not able to be accessed by him at all.

When you called the police department, what did they tell you about getting it back? Did they indicate why they cannot return it to you?

 

[sdmom317]

it was a domestic realted issue, but they did not take his gun rights. he got a 400 dollar fine for both charges and 1 year unsupervised probation which ends in the begining of Jan.
When i called the police they told me they didnt have a release for it from the DA.

I have been trying to speak with someone from the da since july but noone will return a call. Then last week my husband got the summons in the mail to forfeit the rights to the gun.

It is not his gun so how can they forfeit his rights, what about my rights. They never gave us a receipt for the gun, all i have is the court papers that state they have the gun.

 

[Victorxyz3]

Go to court with a writ to order the gun to be returned.

 

[CdwJava]

What proof do you have that the gun is YOURS and not HIS? Do you have a receipt? Is it registered in your name alone?

You may have to hire an attorney to assist you in this matter.

If it was seized as evidence, the police are not likely to release it absent approval from the court or the DA. So, you will need someone to shake something loose from the DA.

And I am very surprised that this is not a DV issue. Perhaps it is and you are simply not aware of it. That would certainly explain the reason the gun is being forfeited.

Consult legal counsel on Monday ... or Tuesday if they are all taking three day Holidays.