Q: How long can the police hold a fire arm that was confiscated out my vehicle

I got pulled over and was charged with the DUI a few months ago and I allowed the officer to search my vehicle and I told him where my firearm was they took it and the next day when I was released from the jail they didn't give it back how long are they allowed to keep it before I can have it back

1 Lawyer Answer
James Thomas
James Thomas
  • Traffic Tickets Lawyer
  • Spartanburg, SC
  • Licensed in South Carolina

A: If the firearm is evidence in the case for some reason (it doesn't sound like it, but for example, someone might also be charged with unlawful carry in addition to DUI), then they'll hang on to it for at least as long as the case stays pending in court. But if not, then they should be ready to give it back. In smaller jurisdictions, this can be arranged with a phone call. In bigger jurisdictions, your lawyer might need to get the prosecutor to agree to a release, or they might need to file a motion in court to get it back.

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