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so i guess i will never get my gun back

el rompe toto

Regular Member
Joined
Nov 15, 2011
Messages
55
Location
miami fl
And that statute should probably be one to be attacked-along with, along-side of, 790, in the future, no?
Also, does that statute in any way prevent the defendant from acquiring-legally- another, seperate sidearm purchase (so as not to be left un-armed) while that 60-days is underway?[/QUOTE]
I'm hoping I can they did return my cc Id
 

Rich7553

Regular Member
Joined
Jan 15, 2010
Messages
515
Location
SWFL
And that statute should probably be one to be attacked-along with, along-side of, 790, in the future, no?
Also, does that statute in any way prevent the defendant from acquiring-legally- another, seperate sidearm purchase (so as not to be left un-armed) while that 60-days is underway?
I'm hoping I can they did return my cc Id[/QUOTE]

Unless you are specifically under a court order to relinquish all your firearms and/or have had the right of possession removed, then you should be good to go.
 

Jojo712

Founder's Club Member
Joined
Apr 9, 2011
Messages
204
Location
Miami, FL
for those who dont know i was charged with open carry. thanks 2 this web site i got the charges dismissed the only thing that sucks is that i prity much lost my gun 2 the state. according 2 the state it took more then 60 days 4 them 2 give me a court date so i can get a court order 2 get my gun back. so now they will not give me the gun back. guess ill have 2 start saving up 4 a new gun

I've got an order in my hand, signed by the judge, that compels the cops to return your gun. Sometimes justice drags its feet, dude.

Thanks to Sean at Florida Carry for helping with the motion. Florida Carry is as good as it gets.
 

rmodel65

Regular Member
Joined
Apr 27, 2008
Messages
488
Location
, ,
GA just passed a law requiring any guns recovered to be returned(unless used in a crime) and if the PD cant find the owner it has to be sold at auction etc
 

StogieC

Campaign Veteran
Joined
Nov 22, 2009
Messages
745
Location
Florida
GA just passed a law requiring any guns recovered to be returned(unless used in a crime) and if the PD cant find the owner it has to be sold at auction etc

Can you get me the statutory reference or the full text of the statute?
 
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pkwong

Banned
Joined
Nov 17, 2012
Messages
1
Location
South Florida
Getting your property back is a pain, but doable.

I've had the unfortunate circumstance of having my guns taken away due to overzealous PD here in Florida due to a divorce. Needless to say, it wasn't fun having to clear my name, but I ultimately had to fight for my property. For those of you who need to get your property back and restore your second amendment rights, it is important to do the following:

1. Hire a lawyer; not just any lawyer, but one who is familiar with the judges and prosecutors in the jurisdiction where your property is being held.
2. File a Replevin to get your property back. You will be filing it to be served to the person in charge of evidence at the jurisdiction where your property is being held.
3. You'll need to go to court with your attorney to get it back (well, at least I did). Don't just pick a random attorney, look for someone who specializes in recovery of your type of property.
4. If you can supply proof that you are mentally fit and can get a letter to that effect by a professional, it can only help your case.
5. Show up with your attorney and if all goes well, they will immediately issue a court order to have your property returned to you.
6. Pick up your property, check it well and head to your nearest target range (after some maintenance).

The whole ordeal cost me about $1500.00 and 3 months, but I ended up recovering my property (about $6000.00 MSRP [as if there were ever such a thing.. ])

Cheers.

Hoping this helps someone. All is NOT lost. It's doable, just not fun. Then again, when was suing the PD ever fun?
 

MKEgal

Regular Member
Joined
Jan 8, 2010
Messages
4,383
Location
in front of my computer, WI
pkwong said:
It's doable, just not fun. Then again, when was suing the PD ever fun?
:raises hand:
I've had a couple suits against my local PD for various things they've done wrong, and had quite a grin when my attorney informed me he'd filed the paperwork with the court.
And it's nice when the PD immediately changes their actions which relate to what they did wrong, without waiting for the judge to tell them to.
And of course, getting a settlement or damages check is a positive experience.
 
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