Q: Can a investigator legally keep your gun out of the evidence room
My wife got arrested last year the lady over the evidence room was going to give me my gun back and she said the investigator has the kind I contacted the investigator and he said the only way I could get my gun back is if she turns in names how is he legally able to keep that gun out of the evidence room when she has not been convicted of anything yet but the person over the evidence room was going to give me my gun back but it's not there this is an Alabama
A:
The police are allowed to keep the firearm for evidentiary reasons, meaning it is evidence in a crime until that case is concluded. A case is not concluded until the person is found either A) not guilty or B) all appeals have been exhausted. If the person is convicted, I would anticipate that the firearm would be condemned by the State at which point it would be destroyed anyway. Also, if the firearm has been submitted for testing, you will not be able to get the fire arm back until all testing is concluded, at the earliest. If your jurisdiction is working with the federal government, and I believe they are mandated to work with federal agents hen firearms are seized, they will have to test fire the firearm and submit the expended shell and projectile to NIBN for inclusion in the federal firearms database. Lastly, most jurisdictions require an evidence released be signed by the prosecutor or DA's office before they will release property that was taken as evidence to a civilian.
In conclusion, until your wife's case has reached conclusion, you will, in all likelihood, not get your gun back.
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