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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 27749
Experience:  Active member of the NYS bar since 1989
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How do I petition the courts to have my fire arms that were

Customer Question

how do I petition the courts to have my fire arms that were confiscated returned to a family member
JA: No, you can ask a one off question to try things out.
Customer: what
JA: Since laws vary from place to place, what state is this in?
Customer: PA
JA: Has anything been filed or reported?
Customer: NO
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 2 months ago.
Category: Legal
Expert:  Zoey, JD replied 2 months ago.

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.

Expert:  Zoey, JD replied 2 months ago.

You would file a motion for the return and transfer of confiscated property. Under Pennylvania law. You should do this with a lawyer, as the issues here are more complicated than what they first appear. Here's recent caselaw on the issue explaining the various problems involved.

Customer: replied 2 months ago.
I was legal to own and possess firearms at the time they were confiscated. all related charges have been expunged from my record except m3 mutual combat but because domestic violence was attached I am unable to possess them at this time. my lawyer from the case did not make me aware of this or I would not have accepted the plea
Expert:  Zoey, JD replied 2 months ago.

I understand that. Under the Violence Against Women's Act and the Lautenberg Amendment, if you are convicted of a misdemeanor crime of domestic violence, your Federal gun rights are lost to you for the rest of your life unless, until, the law changes.

Regardless, the motion to return and transfer the property is the remedy your state provides for you to get your firearms to someone else.

Customer: replied 2 months ago.
that's what I want to do
Customer: replied 2 months ago.
how do I make that motion?
Expert:  Zoey, JD replied 2 months ago.

You hire a lawyer and he petitions the sentencing judge. It's done on papers. The prosecutor would get a chance to respond and object and the judge would rule as to whether you're entitled to transfer your weapons still, since without gun rights, you are not allowed to do so under Federal or state law, except under narrow circumstances not, apparently, defined in your state. See the case I linked you to.

Customer: replied 2 months ago.
if your answer is to hire a lawyer, my rating will not be a good one
Expert:  Zoey, JD replied 2 months ago.

You hire a lawyer and he petitions the sentencing judge. It's done on papers. The prosecutor would get a chance to respond and object and the judge would rule as to whether you're entitled to transfer your weapons still, since without gun rights, you are not allowed to do so under Federal or state law, except under narrow circumstances not, apparently, defined in your state. See the case I linked you to.

You would have to be able to show why you are entitled to transfer the firearm(s) and that the family members are outside of your household and all able to own and possess them.