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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 24474
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My home was searched by a task force. 30-40 guns were taken,

Customer Question

My home was searched by a task force. 30-40 guns were taken, plus a pair of antique swords from the Civil war and several other non-illegal smaller items. I was immediately taken to jail and released after 24 hours with "no charges filed".
Several of the items taken, (i.e. swords for example), are not illegal for me to have.
They claimed they 'heard' there was some drugs being sold from my residence. I told
them my neighbors were raided 3 times for that, but I have never sold drugs to anyone.
I believe it was hearsay. Then, the man produced what he called a search warrant very
briefly. I have never received a copy of any paperwork, search warrant, charges, nothing
but a carbon copy of an inventory of things taken. The problem is, the swords and several other item are not listed on the inventory.
Can I get any of my stuff back? The total for all the items is probably close to $20,000. With no charges filed, I would think all my things should be returned.
Update: I have a nearly 20yr old, non-violent felony. I read the Missouri law and it states that only non-violent felons
can't own a gun. Am I correct?
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
Missouri court rules that new legal protections allow felon to possess firearm
“Today’s decision by Missouri Circuit Court Judge Robert x. xxxxxxx is an example of just how dangerous ‘strict scrutiny’ amendments like Amendment 5 are – in one strike of his gavel, Judge Dierker has declared that convicted felons are no longer all prohibited from possessing guns in Missouri,” said Adam xxxxxx, senior counsel for Everytown for Gun Safety in a statement released Friday.
According to the St. Louis Dispatch, Circuit Attorney Jennifer xxxxx pledged an appeal of Robinson’s case.
Expert:  Zoey_ JD replied 1 year ago.
Hello,
My name is ***** ***** I am an experienced criminal lawyer.
You have your state gun rights. If this was a state task force, you'd be entitled to your gun back, if one was taken, along with the rest of your property. However, any felony conviction, old or new, violent or non-violent will cost you your Federal gun rights. So if a Federal task force came in and searched your premises, you could be arrested for the possession of a weapon as a felony offender, regardless of what Missouri law says.
If no charges were filed and the weapons are not in and of themselves illegal, you should be able to recover them. If the police give you the runaround, as unfortunately, they are known to do, then you'd have to hire a lawyer and get a court order compelling the police to return your weapons.
It's most unfortunate that they left some of your property off of the inventory sheet. In my experience, that generally means they will claim not to have those items, and while you can take them to court, as I indicated above, you'd have a devil of a time proving that the items exist and were taken by the police.