Tom Gresham's Gun Talk: .1.8.17 - Part C

Published on January 9, 2017
Duration: 44:23

This segment discusses the legal process for recovering stolen firearms that have been confiscated by police. A criminal defense attorney explains that a court order is typically required, necessitating a motion filed by an attorney detailing the firearms and proof of ownership. This process ensures the police department is legally obligated to return the property, with potential consequences for non-compliance. The importance of documenting firearms with serial numbers is also emphasized as a crucial step for owners.

Quick Summary

To recover firearms confiscated by police after a theft, you typically need a court order. Your attorney will file a motion with the court, listing the firearms with serial numbers and proving your ownership. Presenting this certified order to the police department compels them to release your property.

Chapters

  1. 00:51Caller's Issue: Stolen Guns Not Returned
  2. 01:34Legal Process for Firearm Recovery
  3. 02:33Ensuring Case Closure
  4. 03:38Filing a Motion to Return Property
  5. 04:00Importance of Serial Numbers
  6. 04:25Documenting Your Firearms
  7. 23:06Follow-up on Firearm Recovery
  8. 23:44Antique Firearms & Serial Numbers

Frequently Asked Questions

How can I get my guns back if the police have confiscated them after a theft?

To recover firearms confiscated by police, you typically need a court order. Your attorney will file a motion with the court, listing the firearms with serial numbers and proving your ownership. Presenting this certified order to the police department compels them to release your property.

What information is needed to file a motion to recover my firearms?

When filing a motion to return property, you must provide a comprehensive list of the firearms, including their serial numbers, and present evidence demonstrating your legal ownership of each item.

What happens if the police refuse to return my guns even with a court order?

If police departments defy a court order to release firearms, they can face legal consequences. They may be summoned to the judge's chambers, which is an unfavorable situation for the department.

Why is it important to document my firearms with serial numbers?

Documenting your firearms with serial numbers is crucial for proving ownership, especially if they are stolen or confiscated. This information is essential when filing legal motions to recover your property from law enforcement.

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