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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118252
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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On our way home from a road trip, we were pulled over for speeding.

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On our way home from a road trip, we were pulled over for speeding. the officer was going to let us off with a warning until he found out that the driver (my friend) was a felon. My friend made it aware to the officer that there was a gun in the car and that I had a permit. The officer asked me to show him where the gun was and asked to see my permit and I did both. With our consent, the officers searched the car and found the ammunition in my bag with eight bullets missing; however, the gun was loaded with all eight (nothing in the chamber) and since I just purchased it 3 weeks ago, it has never been fired. I placed the gun in the glove compartment. my friend is now in a jail cell for gun possession charges in Oklahoma for a gun that isn't his. the car that we were in is a rental from hertz; however, because I'm under the age of 25 the car is in his name. We were on our way back to Memphis, tn but was pulled over in Eufaula, ok and the mcintosh county jail is where he is located. He will be off parole in October. He doesn't deserve to be in jail especially when we were being honest and weren't really doing anything. I need help?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I am sorry to hear this has happened. The problem here is the officer has charged your friend with constructive possession since your friend is not supposed to be anywhere he has access to a firearm as a convicted felon. Had the gun been on your person under your direct control, then the officer would have been on less solid ground for charging him with felon in possession of a firearm. The federal law and state law states a felon cannot be in actual or constructive possession of a firearm.

The good news is that if the gun was your gun and you testify that it was your gun and you had the permit, the DA is likely going to dismiss the charges. However, as far as probable cause for the arrest, the officer did have the minimal probable cause for constructive possession of a firearm by a felon because the gun was in the glove box and not on your person.

The only thing you can do is wait for the judge to set bond in the case, since this charge generally dos not have a set bond. You can call a local bail bond company and sometimes they have access to an attorney who can contact a duty judge to set bond, but at this point I am afraid that legally that is all you can do.

Legally, the terms of this site state we are forbidden from undertaking representation of anyone from this site or making personal referrals to any attorneys or bond companies. However, right now getting a local bond company to try to get bond set will be your only chance to try to get him out before he goes to court tomorrow for his arraignment and bond hearing.

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Law Educator, Esq. and 3 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.

The officers confiscated my gun and ammunition. I have no idea as to why they did so and if I could even get my firearm back. He has been released and received a conscfiscation report with both his and my name on it.

Thank you for your response.

He confiscated your gun and ammunition because this is evidence of your friend being in possession of a firearm as a felon. You will not get your gun back I am afraid until the DA decides on the charges against your friend.