Q: If I have my firearm confiscated under a off of "intoxicated while in possession of a firearm" am I able to get it back?
A: You need to retain an attorney immediately to protect your rights and property. An attorney will look at the evidence, scrutinize the encounter with law-enforcement, see if there’s anyway to beat the charge. If not, depending upon your prior history, attorneys can typically help you preserve your freedom and liberty, meaning no jail or prison time, And once your case is concluded you can make a claim to recover your property from the property room through the District Attorney’s Office.
A: Unless the State of Oklahoma has filed and served you with a notice of forfeiture, they have no right to keep the firearm after the case is closed. I agree with Tracy, you should hire an attorney to defend you on the case. The attorney can then file the proper paperwork with the DA's office to have your property released.
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