Q: Do I have the right to request back from the police my deceased brother’s gun collection confiscated 3 years ago?
The police took his gun collection because he had a felon. He was trying to sell his guns to help pay for his legal bills. My brother committed suicide last week and I am the next of kin. I want to sell the guns to pay for his final arrangements. His gun collection was worth 10’s of thousands of dollars.
A: You have the right to ask, but it does not mean that the police will comply. I suggest that you contact the police chief of the District Attorney and explain the situation and see if they can accommodate you. If not, a lawyer may be able to help you.
1 user found this answer helpful
A:
In Texas, a criminal case does not survive the death of a defendant. His criminal defense attorney (if he has one) should provide a death certificate and request that the district attorney dismiss the case.
Generally, when a case is dismissed, a defendant can request a return of property. However, it is important to note that each case presents unique issues. The answer to whether you (as next of kin) are entitled to the weapons would require an attorney to conduct legal research and possibly file legal motions. Contact an attorney for a consultation.
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