Youngstown, OH asked in Civil Rights and Criminal Law for Ohio

Q: Judge had me turn guns in to police department and now won’t return them 2 years later

About 2 years ago during my divorce my ex wife filed a protection order on me and a bs criminal case. I was told in court by the judge during the criminal case to turn in my guns to the police department by end of the day. I did as I was told and turned them in to the police. The charges were a felony and turned over to the county court. Long story short I took a plea deal to M1 menacing and M1 telecommunication harassment (which was bs but my attorney’s incompetence is a different topic). This was 2+ years ago and the guns which were never part of the case or evidence still will not be released to me. I’ve made 2 motions to have my property returned and both times I’ve been denied. i also turned my CCW permit in to the local sheriffs office who will also not give it back without a letter from the court. How can they continue to keep my property? Under what grounds are they holding them? I’m not an attorney but this seems like a violation of civil rights.

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1 Lawyer Answer
Matthew Williams
Matthew Williams
  • Criminal Law Lawyer
  • Cleveland, OH
  • Licensed in Ohio

A: Unless you are on probation (in which case you cannot possess a firearm), I suspect they’re jerking you around on procedure. Have a lawyer draft a replevin motion.

1 user found this answer helpful

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