Maryville, TN asked in Constitutional Law for Tennessee

Q: If guns get confiscated, does the police chief in the area have the final say as to when/if I get them back?

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Firearm Confiscation by who? When Firearms are seized for whatever reason (if any), then you usually have to go to Court to either sue or move for the return of your property. This happens frequently, and you take a copy of the Order to the Evidence Room to obtain your weapons. On occasion one might be fortunate to get the chief law enforcement officer to relinquish them, but that is very rare. In a case where no probable cause for any related criminal charges are warranted, but Firearms and Ammunition are seized, you sue the seizing agency in Federal Court for Civil Rights Violations and Conversion in a Government Tort Liability Act Case.

Paul E. Tennison agrees with this answer

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