Memphis, TN asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Tennessee

Q: My gun was taken by police because they claimed to see it in my bf hand although he never had it what to do now

There was a police call made by someone where we were and It was a false report because of underlying family issues so when the police came they grabbed my boy friend and beat on him they also took my weapon because I say it on the ground just for my safety when they arrived my weapon is in my name and has never been used in any crimes now I don’t know if there going to give it back I’ve been getting the run around and was also given wrong directions by an officer

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

A: First make a written demand to the Chief of Police or the Sheriff to return your weapon. Then you need to file suit for Conversion against the City/County and the Officer that took the firearm with a SOL of 3 years. All this costs money and time, and many firearms are not worth the trouble. There is also the possibility of a Civil Rights Suit which is a GTLA with a 1 year SOL. Your damages are very little here.

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