Legal Question in Civil Rights Law in Iowa

When I got taken for a psych evaluation (a major misunderstanding because I was released almost immediately), police allowed my ex wife and step daughter to go in my home and take my legally owned gun. We've been separated for 5 yrs, but technically never divorced, but I've been in my house for less than 4 yrs and I am the only person on the lease and only person that's ever lived there. After I was released, I asked for my gun back and they refused. I called police and after hearing nothing for 2 hours, I called back again and they said the officer in charge of my case was done for the day and I was not allowed to get my gun and I would have to call back the next day. I then found out my ex wife took my gun to the police after she had it for 4 hours. Now (the next day) the police are calling my gun "evidence" (even though they were going to let my ex wife keep it until she chose to not want it in her home) and are refusing to give me my gun back. I was just approved to buy the gun a week ago and have absolutely nothing on my record aside from minor traffic violations. How is this legal?


Asked on 7/16/16, 9:04 am

1 Answer from Attorneys
Robert Luedeman solo practitioner

It sounds like there is either a domestic situation or some other reason why the police seem reluctant to give you back your firearm, if indeed you are entitled to possess it at this time.

I would suggest that you attempt to define the issue and then contact your attorney. On the other hand, with the way things are today they're being cautious. I think we both understand that.

Without knowing more of the facts that are involved and whatever documents you may have been given I couldn't say whether this is "legal" or not. You haven't said what was the precipitating reason you were taken for a psych eval in the first place. Those things don't happen without a reason, good bad or otherwise.

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Answered on 7/16/16, 12:48 pm


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