Legal question

[Glenn]

I know no one can answer this for sure, but there are a lot of extremely well informed people here.

 

I know a man that was arrested on a felony charge. After practically killing him during the arrest the police broke into his house even though he gave them the key, then broke into his hidden safe, even tho he told them where it was and gave them the key. They took all his guns and ammunition even a large inert shell his grandfather brought back from WWI. He eventually was put on probation for 4 years and told he could get his guns back then. My question is would it be possible for someone else to retrieve them now so the guns could be sold? He really needs the money. Getting arrested isn't cheap and his only income is social Security and VA disability.

[Ron Padilla]

I am surprised no one else has looked at this, thought maybe it was or is a prank, but here goes, just read another article not to long ago about a situation just like this and the ruling was yes someone else could obtain the weapons for the purpose of selling them for the individual, can recall if it was a SCOTUS ruling or another court. maybe someone else can chime in.

[Pain103]

 Sounds like you're getting lied to. Legally someone else can get the guns and then sell them as stated above. I'm sure he would have to sign a property release of some sort releasing them to you.

[tennesseetiger]

I am surprised no one else has looked at this, thought maybe it was or is a prank, but here goes, just read another article not to long ago about a situation just like this and the ruling was yes someone else could obtain the weapons for the purpose of selling them for the individual, can recall if it was a SCOTUS ruling or another court. maybe someone else can chime in.

I read the exact same thing recently.

[Glenn]

This is not a prank. I have known this person for 25 years. he needs the money and would like to sell the guns. He's afraid he won't live long enough to ever get them himself.

[Glenn]

 Sounds like you're getting lied to. Legally someone else can get the guns and then sell them as stated above. I'm sure he would have to sign a property release of some sort releasing them to you.

Exactly what am I being lied to about? I just asked a question. There are a lot more details I didn't think were necessary just to ask if someone else could possibly get the guns

[E4 No More]

*

Edited July 18, 2015 by SWJewellTN

[E4 No More]

Exactly what am I being lied to about? I just asked a question. There are a lot more details I didn't think were necessary just to ask if someone else could possibly get the guns

I think he's saying that the story of the circumstances around the seizure is too incredible for him to believe: therefore, you must be being lied to.

[Glenn]

There may be some details I don't know but I have seen the x-rays and surgical incisions. I have seen the damage to the house and the busted safe. I have talked to an eye witness. I have seen photos taken 8 days later that show bruises from head to toe. I have generally given law enforcement the benefit of the doubt, but I can't see any reason to treat a 67 year old disabled veteran that was walking with a walker like this. I am just trying to help someone out by possibly selling a few guns for him.

[tennesseetiger]

Exactly what am I being lied to about? I just asked a question. There are a lot more details I didn't think were necessary just to ask if someone else could possibly get the guns

I think he was assuming someone told you that you couldn't get them. Just an observation...

[Glenn]

I never said or implied that anyone said me or someone  else couldn't get the guns. I had no idea but thought someone here might know or at least have an idea if it was worth pursuing getting the guns.

[xsubsailor]

http://www.cnn.com/2015/05/18/politics/supreme-court-ruling-gun-felons/index.html

 

 

The Supreme Court ruled in favor of a former U.S. Border patrol agent, Tony Henderson, who was convicted of a felony in 2006 and sought to sell his gun collection that included a personal firearm and some antique weapons.

[TNWNGR]

The person in question here will need an attorney to petition the court for the firearms to be released to either said attorney for sale or in exchange for legal services. It is also entirely possible this is all pointless because if this person was placed on probation then some form of conviction was rendered against them. My suspicions are the firearms and such have either been destroyed, sold at auction or traded in exchange for police equipment. I'm also going to say that without the court papers and police reports this things a crap shoot as to what really happened. Glenn's friend need to have an attorney review this stuff.

[teecro]

The person in question here will need an attorney to petition the court for the firearms to be released to either said attorney for sale or in exchange for legal services. It is also entirely possible this is all pointless because if this person was placed on probation then some form of conviction was rendered against them. My suspicions are the firearms and such have either been destroyed, sold at auction or traded in exchange for police equipment. I'm also going to say that without the court papers and police reports this things a crap shoot as to what really happened. Glenn's friend need to have an attorney review this stuff.

 

Absolutely and preferably an attorney who has specialized in firearms law too....

[Oh Shoot]

No idea what's possible, but agree that it will almost certainly require a lawyer to free the guns, if they still exist in limbo.

 

Faced a minor version of this years ago regarding one handgun, without even a conviction related to it of any kind.

 

Long story, but if there were actually a way for me to have pursued getting it back by myself, the process was indeed well hidden by the office of the court.

 

- OS

Edited July 15, 2015 by Oh Shoot

[DaveTN]

What was the courts disposition of the firearms after he was convicted?

What does the DA say about the guns?

I doubt the cops can release the guns in a criminal case without the court or the DA authorizing it. But I don’t know that for sure about this state. That’s and easy one to find out; go to the PD that took them and ask for them back. He may not get an answer he likes, but he should get an answer or an explanation of the procedure.

If the cops or the DA can’t give him a direction he will need to talk to an attorney. There is no way any of us could know if he can get his guns back or if any court rulings apply to him if we don’t know the details of the case. Edited July 15, 2015 by DaveTN

[Glenn]

Thanks for every opinion. I realize this will require an attorney but I am just trying to determine if it would be worth it. His criminal defense attorney doesn't want to persue it so would require another attorney.

Supposedly the judge told him he can get his guns back if he completes his probation, but that Is only hearsay Edited July 16, 2015 by Glenn

[TNWNGR]

Supposedly the judge told him he can get his guns back if he completes his probation, but that Is only hearsay

 

Well many things are possible but in thirty plus year in law enforcement and court related positions this doesn't sound right. It's entirely possible your friend either misunderstood what was said or has become confused through frustration.

[Oh Shoot]

Well many things are possible but in thirty plus year in law enforcement and court related positions this doesn't sound right. It's entirely possible your friend either misunderstood what was said or has become confused through frustration.

 

Possible that he was not convicted of felony, even if charged with one. Possibility that even if convicted for felony, got a diversion where charge is expunged upon completion of probation or whatever.

 

Like DaveTN suggests, we have no idea of the exact circumstances of any particular part of the saga.

 

- OS

[TNWNGR]

Possible that he was not convicted of felony, even if charged with one. Possibility that even if convicted for felony, got a diversion where charge is expunged upon completion of probation or whatever.

 

Like DaveTN suggests, we have no idea of the exact circumstances of any particular part of the saga.

 

- OS

True and had already thought that as well but some misdemeanor convictions will loose any seized guns involved in the equation. A domestic assault arrest is one example and a diversion isn't a guarantee you'll see seized guns again. To many unknowns here and much here is suspect.

[Ropin4gold]

4 years of probation most likely means it was a felony conviction.