Criminal Law Questions? Ask a Criminal Lawyer.
Hello, how are you today? I am sorry to hear of your troubles. So you are wondering what options you have to get the weapons released to you considering your son, who is a convicted felon, and is not allowed to be around firearms, and also what a potential fee might be of an attorney to help you solve this problem.
Considering the nature of the situation you are in, it would be best to have the weapons released, but not in an area where your son can exercise custody or control of the weapons. Were you to consult an attorney in your area, it is likely that they would advise you to simply retain the weapons at an alternate location such as a relatives house, or another place where they can be placed in a safe or a device similar to a safe where he can not access them. The law states, that he should not be in an area where he can exercise custody or control of the weapons. This is kind of a grey area, because if they are located in a safe that is not accessible by him, meaning he does not have the combination to the safe, then he is unable to exercise that custody or control, but you do not want to get in a situation where he may or may not be charged for violation of that gun law..
If the authorities will not release the weapons to you without your son no longer residing there, then those are options that may allow for the lawful release of the weapons to you, considering the weapons will not be in the home where your son is residing at that point.
Have you attempted to have them released, but they wont while your son is living with you?
Violation of that law is a second degree felony if he is a category 1 offender.
(a) A Category I restricted person is a person who:
(i) has been convicted of any violent felony as defined in Section 76-3-203.5;
(ii) is on probation or parole for any felony;
(iii) is on parole from a secure facility as defined in Section 62A-7-101;
(iv) within the last 10 years has been adjudicated delinquent for an offense which if committed by an adult would have been a violent felony as defined in Section 76-3-203.5; or
(v) is an alien who is illegally or unlawfully in the United States.
I have not but was told by a lady that she was in the same way and they refused her .she said when she signed the release form and
and had the box checked that she had a felon living with her they said that was reason for not giving them back
Right, knowing what you know from her experience, and from what I have told you, you still need to honestly fill out that form, but may need to seek legal help in your area to inquire as to what will suffice for purposes of you keeping the weapons elsewhere while your son lives with you, such as with a relative. They may require an affidavit, under oath, that states you will be keeping them in an alternate location, and disclose that location.
The authorities will not release the weapons to an individual who is residing with a felon, because it would be in violation of the law, therefore, you will have to show them that you are doing something to abate that problem, before they will release them. An affidavit may be sufficient.
plus they want proof of owner ship and most of them was my fathers but I still have the paper they filled out what they took
Right, you can prove that ownership.
with the paper they filled out?
my father has passed away
As far as the amount you may have to pay in a retainer, to answer your last question, that really depends on who you consult about the problem. There is no set amount that you would have to pay legal counsel to deal with a problem like this, but it would not be a very involved process for an attorney, and may require they simply draft the affidavit for you to execute and present, so it is up in the air.
Did you get the guns in his estate or were they given to you by a family member? Did he have a will that gave them to you, or his personal property?
no he gave them to me before he passed
I understand. Did he have any kind of registration, or can you show they belonged to him?
they are very old
They should still be released to you as long as you can somehow prove they belonged to your father, and were passed to you along the way. You may have to use a lawyer for that process as well.
do you know a lawyer in my area?
I surely wish I could refer one, but the terms of this site do not allow for us to give referrals or to take on new clients, I apologize. If you wish to find a reputable criminal attorney that would handle your case, look to the local bar association and they will give you a referral.
Do you have any other questions this evening?
If not, please remember to provide a positive rating by selecting the smiley face and submitting. If you do have other questions please feel free to ask, or if you would like me to elaborate or clarify on the answers that I have provided please ask.
ok thank you these are air looms that I really want back I thank you a bunch
Sure, I hope you are successful, please do not forget to provide the positive rating by clicking the smiley face, and good luck!