How can I get my Personal Weapon Back?

[Zor_Primo]

I am in no way trying to defend what I did. DWI is an inexcusable crime. I am more ashamed of myself and my actions than anyone can ever know. I am a Soldier who has served our country with distinction served 2 tours in Iraq and one very eventful and not easily forgotten one in Afghanistan. I'm not a very social person due to stress and anxiety disorders that developed over the course of these deployments. I don't drink and don't go out much but on the night in question I did decide to go out with some old friends. After about 4 shots of Patron I do not remember anything that happened the rest of the night. I'm thinking it was a reaction of the alcohol and my medications. My next cognizant memory was making a phone call to my mother telling her that I was in jail for DWI. After posting bond I was sent to a mental health facility for 24 hour observation. I was told that I had admitted to the arresting officer that I had suicidal thoughts in the past and that I am undergoing treatment and counseling for PTSD. Again, I'm not making excuses, I know what I did was wrong, I just wanted to state all of the facts. I had my personal firearm in the car. It wasn't in plain site and it is registered to me and i bought it legally from a FFL. I do not have a CCL, but I do know that it is legal to have a firearm in your vehicle as long as one isn't a gang member, committing a crime or has it in plain site. The arresting officer told me that he would return the weapon to me as soon as I post bond and able to pick it up. He was a nice officer, he even called me at the hospital. After about a week and taking care all of my other affairs I tried to contact the officer about getting my weapon back. It is a small town with 6 officers and a "police chief." After leaving numerous messages, I decided to contact the chief. He returns my call and rudely tells me that it's against the law to have a weapon in your car, I replied to him saying that he was incorrect. He then recants his story and says that the arresting officer can hold the weapon "indefinitely" pending any weapons charges that he may want to add to my charge of DWI. I'm not a trouble maker, I'm not suicidal. I do have issues but I a have been in counseling for those issues long before the arrest and since the arrest I have enrolled myself, without being told that I had too, in an Alcohol and Substance Abuse Program because it is the right thing to do. My question to you respected Law Enforcement Officers: Is this right? Can they keep my firearm "indefinitely? And if it's not then what process do I need to go through to retrieve my Property? Any feedback on this will be greatly appreciated. And please no Flaming, I am a lot harder on myself than anybody else can be.

[Cat_Doc]

You've already spoken with the Chief.

Maybe you should consult with an attorney.

Thanks for serving our country and I hope things work out for you.

[Sgt. Slaughter]

Run all this past your defense attorney. He/she is the one you'll use to help you out.

[GoDirectly2Jail]

My question to you respected Law Enforcement Officers: Is this right? Can they keep my firearm "indefinitely? And if it's not then what process do I need to go through to retrieve my Property? Any feedback on this will be greatly appreciated. And please no Flaming, I am a lot harder on myself than anybody else can be.

Laws vary from state to state and indeed, locality to locality. You neglect to list your location, so your questions cannot be answered. As said above, perhaps contacting your attorney regarding the return of your weapon is the best course of action at this point. Surely you have retained one for your arrest, yes?

Good luck.

[Zor_Primo]

Yes, I have an attorney. All of the events happened in Collin County, Tx.

[Sgt. Slaughter]

Yes, I have an attorney. All of the events happened in Collin County, Tx.

Cool. Chat him up.

[Citicop]

Possession of a Firearm while Intoxicated is a Felony in my state.

Just thought that you may want to consider the possibility that it may be in Texas as well.

-Citicop.

[Officer20]

Ohio also has laws against possessing a weapon while intoxicated, which would make your gun evidence if the same holds true in Texas.

The proper way to get back seized items is through court. There is no harm in trying to contact the police department that seized it, but without a court order, there is nothing that would make them return the weapon to you. Discuss with your lawyer to see when the appropriate time to file the motion to have your property returned would be.

By the way, the Chief of Police of that small town is a Chief. So there is no need to bash the womand/man by indicating that think the Chief isn't really a "Chief," with the use of "quotations."

At any rate - good luck in your recovery.

[PapaBear]

Slightly out of context, because this applies to CA: I am not familiar with TX laws on firearms, but in CA you would likely not get your weapon back. The Penal Code restricts the possession of a firearm by those who have or are undergoing treatment, for mentally disabling illnesses. PTSD is among them - as is depression with suicidal thoughts and tendencies.

In order to recoup the weapon, you will have to go through the legal process - in all probability.

Good luck to you.

[Plazoo]

Something else to consider is, where I am, we would also require you to provide us with documentation from a mental health professional stating that you are not suicidal. I'm sure you can imagine the headaches, and law suits that would follow, if an agency returned your weapon to you then, somewhere down the road, you offed yourself.

That said, as mentioned, talk to your lawyer and best of luck to you. Thank you for your service.

[ChesCopPodz]

Possession of a weapon while intoxicated is a crime in most places, actually I can't think of a state where it isn't.

And with all of the problems you're having, perhaps it's best you don't have any weapons until they get worked out.

[kels]

But years ago there was a case in Alaska (I think)
where authorities refused to return a firearm in a case.
The gun was traded to the defense attorney in exchange
for legal services.
The attorney filed a writ of habeas corpus and actually got
the gun returned. It got quite a chuckle in the legal community.

Now, to the matter at hand, you need to speak with your attorney.
Thats what you are paying him/her for.

[Sgt. Slaughter]

Possession of a weapon while intoxicated is a crime in most places, actually I can't think of a state where it isn't.

You can legally be in possession of a weapon while intoxicated in Arizona. We arrest you for the specific crime you'll do when you're drunk and have the gun. There are plenty of those to go around.

[txinvestigator1]

Possession of a Firearm while Intoxicated is a Felony in my state.

Just thought that you may want to consider the possibility that it may be in Texas as well.

-Citicop.

It is not.

However, our laws that allow car carry of a handgun without a Concealed Handgun License have restrictions. If you are committing a crime while carrying the handgun then you have the additional charge of Unlawful Carrying a Weapon.



The PD will likely hold your weapon until the DA makes a decision on charging the OP with UCW.

[txinvestigator1]

Ohio also has laws against possessing a weapon while intoxicated, which would make your gun evidence if the same holds true in Texas.

Texas does not. We prohibit a concealed handgun license holder from carrying on or about his person while intoxicated, but not from mere possession and not for a non-CHL holder.