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How long can a police dept hold my gun that has a permit.I was involved in an accident in florida on southbeach

Miami, FL |

when the cops came to the scene they did not question the other car involved but they question only me and my friend they ask if I had any weapons in the car and i said yes because my gun has a permit to carry, they search my glovedept & saw my gun & my friend gun because my friend gun was report stolen they also took my gun away and arrested my friend .They police that took my gun advise me that they were going to send the guns to the forensic lab for testing to make sure it was not link to any other crimes & i should have my gun in 6weeks , that is a lie its been months and i still did not get it back When i spoke to the superivor @ the police dept they said it could take longer .I feel i was target cause i was a black men driving a expensive car (BENTLY)

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Attorney answers 3


No, they had no legal basis to take the gun. No, they have no legal basis to keep the gun.

You need to get with an attorney here in Miami, or specifically here in Miami Beach, that can put pressure on the situation or eventually take more formal action.

Michael C. Grieco
Miami Beach, FL

This response does not establish an attorney-client relationship and is simply solicited guidance.


They should not have taken your gun. You have a permit to have the gun and could prove lawful ownership. There was absolutely no reason for them to suspect it was involved in a crime, especially since it was not reported stolen. You should look into a formal request for return of seized property as soon as possible.

Responses should not be relied upon for legal decision making. One should contact a lawyer and establish an attorney-client privilege to rely on legal advice. Any communication here is NOT considered attorney-client privilege and is not confidential.


if the firearm is not evidence, has not been forfeited by court order and/or is being held for safekeeping, tou may file a motion for return of proberty.

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