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Thread: District Attorney Rejects Charge, Now What.

  1. #1
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    Question District Attorney Rejects Charge, Now What.

    I was charged with Texas PC 46.04 over a year ago. It stemmed from a problem in the military. Anywho, I always knew that what occurred in the military was not a felony and was not recognized by any state or federal law as a felony. So to sum it up when I was arrested with my Springfield XD and a valid WA State CPL. I asserted that I was not a felon. Of course the PD and DA did not believe me so I was bonded out and my property has been in a confiscated status for over a year. Well finally the DA has conceded that fact that I am not a felon and they will never be able to prove in a court that I ever was.

    I have learned today that the DA has rejected the charge of violating TPC 46.04, and guess what? I want my sidearm, magazines and ammunition returned to me. I don't have an attorney I have been representing myself for this year for hearings etc... but now what?

    I have read Texas CCP 18.19

    Art. 18.19. DISPOSITION OF SEIZED WEAPONS. (a) Weapons
    seized in connection with an offense involving the use of a weapon
    or an offense under Penal Code Chapter 46 shall be held by the law
    enforcement agency making the seizure, subject to the following
    provisions, unless: (skip to paragraph (c))

    (c) If there is no prosecution or conviction for an offense
    involving the weapon seized, the magistrate to whom the seizure was
    reported shall, before the 61st day after the date the magistrate
    determines that there will be no prosecution or conviction, notify
    in writing the person found in possession of the weapon that the
    person is entitled to the weapon upon written request to the
    magistrate. The magistrate shall order the weapon returned to the
    person found in possession before the 61st day after the date the
    magistrate receives a request from the person. If the weapon is not
    requested before the 61st day after the date of notification, the
    magistrate shall, before the 121st day after the date of
    notification, order the weapon destroyed or forfeited to the state
    for use by the law enforcement agency holding the weapon or by a
    county forensic laboratory designated by the magistrate. If the
    magistrate does not order the return, destruction, or forfeiture of
    the weapon within the applicable period prescribed by this
    subsection, the law enforcement agency holding the weapon may
    request an order of destruction or forfeiture of the weapon from the
    magistrate.

    Has anyone gone thru this, do some counties do it different?
    As simple as it sounds to me...."not a felon, return his weapon" I anticipate that its easier said than done to receive my firearm back.
    Last edited by OC-Aviator; 04-04-2014 at 11:51 PM.

  2. #2
    Regular Member Maverick9's Avatar
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    Sorry that happened to you. Most will say it will cost less to replace the firearm than to retain a lawyer to get it back. Less stress and hassle. Try to let go of the 'it's the principle of the thing'.

  3. #3
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    Well aside from returning my property, What means more to me is something in writing that says if I make contact with Law Enforcement again with a lawful firearm in my possession the same thing wont happen again.

    I would hate to have to defend myself in public and be re-prosecuted again.

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    Huh, normally a request is acted on by a clerk and motions by a judge. So the statue is strange.

    But it seems like a simple post-trial motion ... serve the DA via mail; provide motion, memorandum of law, and certificate of service.

  5. #5
    Regular Member HPmatt's Avatar
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    What's the DA say to your request to get back your property?
    Depending on what county, I would think you could get the media to run a story on it.
    Might be some candidates for the DA want to publicize the issue too.
    “Men live without other security than what their own strength and their own invention shall furnish them"
    -Thomas Hobbes 1651

  6. #6
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    I went by the DA's office today to find out how to get my pistol back but no real answers, it was close to 4:30pm and no one was available to field my questions. They said come back Monday. I just want to make sure I'm going about this the right way, as I have been a justifiable pain in the neck to them and the PD.

  7. #7
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    Seems simple enough. Write a formal letter to the magistrate in your county and request your property returned pursuant to CCP 18.19. Send it registered mail so you get confirmation of receipt. Wait. 30 days and then follow up.

    Of course you could visit the office earlier than 4:30 in the afternoon. Perhaps you could make an appointment before hand....


    Semper Fidelis

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    Moderator / Administrator Grapeshot's Avatar
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    Bump for status.

    How goes getting the handgun back?
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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