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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110442
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My son was questioned by police and they siezed his 22 rifle

Resolved Question:

My son was questioned by police and they siezed his 22 rifle that was sitting on the seat of the car. After questioning he was released, but they have refused to give his gun back to him. The gun is new and probably fired 20 times. Is it legal for them to refuse to give it back? It has been over a week now and he has asked several times. They say, need a reciept, need a bill of sale...all have been provided and they still have not returned it. What options do we have?
Submitted: 6 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 6 years ago.
They have a right to hold the weapon until he proves ownership of the weapon. They will not release it to him without the proof of ownership. When officers stop suspects with weapons, depending on the reason for the stop they have a right to seize weapons and hold them for proof of ownership. At this point your only real recourse is to provide that proof of ownership.

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Customer: replied 6 years ago.
He has provided the sales receipt...what more is there?
Expert:  Law Educator, Esq. replied 6 years ago.
The sales receipt should be sufficient. If they still will not release it then his recourse is to file a petition in the court for release of the property. He can also file a complaint with the Department's internal affairs division.
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