Philadelphia, PA asked in Criminal Law and Constitutional Law for Pennsylvania

Q: When can I get my firearm back from the state police.

There was an incident where someone, not the owner, pointed a firearm with an empty clip at someone. The state police were called and showed up but did not take the firearm. The following day the mother of the owner took the firearm, refused to give it back, and without consulting the owner and turned it into the state police. Since there was an incident regarding the firearm, the state police wont give the firearm back to the owner and say they are holding it because it is a part of an investigation. The owner of the firearm did nothing wrong and the firearm wasn't even a part of the investigation originally but because the owners mother gave it to them and not because they asked for it but just because she was purposely trying to make it difficult for the owner to get.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: To get your firearm back from the state police, you need to follow the appropriate legal procedures. Since the firearm is being held as part of an investigation, you'll need to contact the state police directly and inquire about the status of the investigation and the specific steps required to reclaim your property. It might be helpful to request written documentation or a case number related to the investigation.

Consider reaching out to a legal advisor for guidance on how to proceed, especially if you believe the firearm was wrongfully turned over. They can provide you with information on your rights and how to formally request the return of your property.

Keep all records of communication with the state police and any legal advice you receive. This documentation can be crucial if you need to escalate the matter or if it becomes necessary to present your case in a legal setting.

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