gun held for ''safe keeping'' not being returned

a friend of mine was driving on a state road on isleta pueblo to work. he was driving on a suspended license and was pulled over. he was arrested for driving on a suspended license and his gun which was in the car was held for safe keeping he was told he could get it back the next day. 3 months later he still has not been able to get it back, and the officer is making up new reasons why each time. she should not be able to keep his gun, right? what should he know to be able to get it back?