I was arrested for a DUI they searched my vehicle and retreived a legal hand gun, locked in glove box in a strapped holster

but they never sid anything about it. the handgun is gone, they asked me nothing about it or even asked how it belonged to. but i was not charged with any kind of firearm possession, are they running checks on it? and how do i go about retreiving it cause it is legal. i have a sales slip from the person i bought it from.it was stowed away with the mandatory flrorida statues, locked in glove box, in a strapped holster. i have no warrants and have no recent criminal background. i have been approved by Forida for my concealed weapons permit but didnt have it with me

Orlando, FL -

Attorney Answers (4)

David P. Gilbert

David P. Gilbert

Criminal Defense Attorney - Clearwater, FL
Answered

You should be able to get it back by filing a motion for return of property with the court. There are many requirements to get this motion properly filed. I would suggest contacting a local criminal defense attorney to file this motion on your behalf.

Avvo.com answers provided solely for informational purposes. Answers are not legal advice and should not be relied... more
David Richard Damore

David Richard Damore

Criminal Defense Attorney - Daytona Beach, FL
Answered

Your attorney on the DUI case should have no problem getting it returned.
We are very experienced in DUI defense. Would be happy to consult with you if you do not have an attorney.

Timothy F. Sullivan

Timothy F. Sullivan

Criminal Defense Attorney - Saint Petersburg, FL
Answered

I agree with above poster. Generally they will not return ammo.

Eric J Trabin

Eric J Trabin

Criminal Defense Attorney - Winter Park, FL
Answered

If you have a permit for carrying a concealed weapon then you shouldn't be liable for any crime, however, the police won't return the gun without the court ordering them to do it. The police, especially here in Orlando, love to hold on to guns. You need an attorney to handle your DUI case, but they can also file a motion to return your property. Normally attorneys would wait to the end of the case but there is no reason why they can't file the motion before the case is over since there is no evidentiary value in the gun.

Please feel free to write or call me if you have any questions or would like to schedule a consultation.

This is not to be considered legal advice nor does an attorney-client relationship exist.

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