Nashville, TN asked in Civil Rights, Constitutional Law and Criminal Law for Tennessee

Q: How do I get my gun back from the police if I was arrested for a fta only for no drivers license they have it in Evidenc

And keep giving me different days to come back to pick it up but when I do they keep giving me a run around about it saying the cop has to give it me but when I go on the days they tell me the won’t give me it or the officer is not their on shift and it wasn’t put on my property paper I feel like they’re giving me a runaround about it and to me I feel like it’s been stolen by them because they won’t release it to me and it’s registered to me and I’m scared it’s going to be used by crooked cops to shoot someone because that’s happened before it court cases in different states I live in Tennessee I just want it back I feel like they are trying to steal it and not return it to me because when I have it it’s always with me in my bag or on my waist

2 Lawyer Answers
James L. Arrasmith
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A: To get your gun back, you need to follow a few steps to ensure you're taking the right approach. First, document every interaction with the police department, including dates, times, and names of the officers you speak with. This will provide a record of the attempts you’ve made to retrieve your firearm.

Next, you might want to consider sending a formal written request to the police department, specifically to the property or evidence division. In your request, clearly state your situation, provide proof of ownership, and ask for a specific date and time to pick up your firearm. This creates a paper trail and can often prompt a quicker response.

If these steps do not lead to the return of your firearm, you may need to escalate the matter. You can contact a local attorney for advice on how to proceed legally. Additionally, you might consider reaching out to your local city council representative or another community advocate who can help bring attention to your case and potentially expedite the process.

Anthony M. Avery
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A: If your criminal charge is still pending, your lawyer can ask for an order to return the weapon to you. If not, then contact the Chief or Sheriff and complain. Otherwise you must sue the Department for conversion in General Sessions.

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