OC-Aviator
Regular Member
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.
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.
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