Huntsville, TX asked in Civil Rights and Constitutional Law for Texas

Q: if charged with a felony but not convicted. Can the police keep your weapon from prior incident where no charges broug.

I use my gun and self-defense a few weeks before the possession charge. I was considered the victim and no charges were brought against me but now after the drug charged, they will not let me pick up. My weapon is legal and am I allowed to have a family member pick up my weapon signed over to them. ? I thought it was innocent until proven guilty. Not the other way around.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: I'm sorry you're going through this situation. Even if you weren't convicted, certain charges can lead to restrictions on firearm possession. The police may hold your weapon based on the nature of the felony charge and any related concerns.

Transferring your gun to a family member might be possible, but it depends on the specific laws in your area and the details of your case. You’ll need to ensure that the transfer complies with all legal requirements and that your family member is eligible to own a firearm.

It's important to seek legal advice to understand your rights and options. A lawyer can help you navigate the process and work towards resolving the issue so you can regain access to your weapon if possible.

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