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My 18 year old son got pulled over for speeding and he had…

Customer Question
My 18 year old...

My 18 year old son got pulled over for speeding and he had some animals in the back of his truck. He had his hunting license on him, but he didn't realize that coyotes were not part of that license. So he got a speeding ticket and a ticket for hunting without a license and has to go to court. They also took the gun. Can they do that if the gun was not my sons? We live in North Dakota.

Lawyer's Assistant: What state is this in? And how old is the truck?

North Dakota and the truck is a 2001 F150

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

I was going to stop in town and talk to the lawyer here but she wasnt in today.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am basically wanting to know what my rights are and if they are allowed to take the gun

Submitted: 7 months ago.Category: Criminal Law
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Answered in 5 minutes by:
11/14/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,891
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago

Yes, they can take the gun and if they need it of evidence that he was hunting without a license, they can hang onto it for the duration of the case. However, you and not your son are the owner of the gun. If you can show proof that the firearm is yours and not his, and if the prosecutor doesn't need it for trial, and if you can convince the prosecutor that you never gave your son permission to use your gun to hunt coyotes and break the law, you should be able to get your gun back without having to wait for your 18 year-old's case to be resolved.

Call the prosecutor's office and ask for the prosecutor handling the case against your son. Show up with identification and your proof of ownership. If it's not necessary that the gun be kept for evidence, you're entitled to it.

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Customer reply replied 7 months ago
Ok, thank you
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago

I'm not sure if you read my answer or if our posts just overlapped. Let me know here if you have any questions about my reply.

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Customer reply replied 7 months ago
It’s not mine either. It is my father in laws gun and he lives in MN. Not sure if he has the paperwork because it was his fathers gun.
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago

It would be released only to your father-in-law if you can't establish ownership.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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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.

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