Omaha, NE asked in Criminal Law for Nebraska

Q: My handgun was found during a raid. It wasnt used in any crimes. prosecutor wont release my gun. How do i get it back.

gun wasnt used for any crimes but the prosecutor wont answer phone calls, emails or requests from evidence techs to release the gun to me.

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1 Lawyer Answer
Julie Fowler
Julie Fowler
  • Omaha, NE
  • Licensed in Nebraska

A: If a handgun was used in the commission of a crime, it will generally be destroyed. If a hand gun is part of evidence, it can be returned by court order after the case has resolved. Like other evidence, it will generally be held until that time.

The Nebraska statutes state: Firearms which have come into the law enforcement agency's possession through a seizure or otherwise and (i) have not been used in the commission of crime, (ii) have not been defaced or altered in any manner that violates any state or federal law, (iii) may have a lawful use and be lawfully possessed, and (iv) are not subject to section 29-440 shall be restored to the owner.

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