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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23577
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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when a couple have an argument and the police confiscate the

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when a couple have an argument and the police confiscate the homeowners firearms. how does the homeowner get the firearms back?
Hello Jacustomer,

My name is XXXXX XXXXX I will be assisting you with this question.

Can you tell me whether criminal charges resulted from the argument and if there is a restraining order in effect? If the former, tell me what the status of the case is. If the latter, tell me whether the order is criminal or civil.

Use the reply tab below to respond so that I can easily find the information.
Customer: replied 3 years ago.

no criminal charges filed and no restraining order

Customer: replied 3 years ago.


no criminal or civil charges filed

Hi Kirk,

Thanks for the quick reply.

If this never resulted in a criminal matter or a civil restraining order then you never lost your gun rights. That means the police have no lawful reason to keep your guns from you.

That said, they don't have to make it easy for you to get them back if they are concerned about a possible risk to your spouse. Is that right? Not really. But police do this time and time again. They will give you a runaround. Stall you over and over. And you may actually have to go after them legally to make them turn over the weapons.

The rights are with you. But they have the guns.
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