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My son committed suicide 3 months ago. The sheriff is

My son committed suicide...

My son committed suicide 3 months ago. The sheriff is refusing to return the gun which I own to me. What are my rights?

Lawyer's Assistant: In what state did this occur?

Montana McCone County - Sheriff Harris

Lawyer's Assistant: Have you talked to a lawyer yet?

Got an appointment for next Tuesday.

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Answered in 1 minute by:
9/19/2017
Nisha Jones
Category: Criminal Law
Satisfied Customers: 3,480
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship.

I'm so sorry for your loss. Please allow me a few minutes to prepare some information for you, thank you!

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Customer reply replied 10 months ago
Thank you. It has been very difficult. Not being able to resolve the issue of the gun has increased my stress substantially.

If the Sheriff's office is refusing to return the gun to you, you'll need an order issued by a judge mandating them to do so.

Usually this would be prepared and filed by an attorney. The motion would be prepared outlining what's occurred, and cataloging police impound of the gun.

An order would then be attached for the judge to sign, mandating the gun be released back into your custody.

I understand that retaining an attorney may be an unexpected/ unwanted cost at this time. You can seek out the assistance of an attorney on a pro bono basis.

If you contact the clerk's office at your local courthouse they should have a list of local attorneys who are experienced attorneys, that have voluntarily provided their names to the court to help with pro bono cases like yours.

I hope that helps! Again, I'm so sorry for your loss.

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

Nisha Jones
Category: Criminal Law
Satisfied Customers: 3,480
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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