[lscoleman56]

My gun was taken by sheriff's office when I was arrested for assault with a gun. The charges were dismissed and they will not release my gun. How do I get it back.

[JudyKayTee]

Depends upon where you are. Was the failure to return the gun part of the dismissal - for example, a condition that you not have a firearm? Or was it not addressed?

I have seen people make a motion for the return of a firearm when the Police would not "simply" return it.

[lscoleman56]

This is Tennessee. All the paper work for me to take to a judge to sign off on has been completed. It is just the arresting officer said there was some "on-going issues" with the case and I could not have it. There was no condition that I not have a firearm. The officer will not return my phone call.

[excon]

Hello I:

I can't tell. You say "take" to a judge, as in, you HAVEN'T yet?? If not, do it. If you DID, and the judge "signed" off on it, then go BACK to the judge and tell him that the cop KNOWS better than he does.. The judge probably won't like that much...

But, FORGET the cop. Don't talk to him. His "on going issues" might be NEW charges he's trying to rig up against you... He's NOT your buddy.

excon

[lscoleman56]

To get your property back you have to take papers to the judge for him to sign off that it is okay for you to get your property. I was to pick up the papers yesterday and received a call from the sheriff's office that they will not release the papers to me to take to the judge. The officer refused to allow them to release them to me.

[excon]

The officer refused to allow them to release them to me.

Hello again, l:

Then prepare your OWN papers and/or get a lawyer to do it. This ISN'T the COPS decision to make, and the judge just signs off on it.. It's the JUDGE'S decision, and the cop DOES what the judge TELLS him to.

excon