Legal Question in Criminal Law in Tennessee

return of a firearm

I was arrested last year for possesion with intent as well as unlawful possesion of a weapon. I have been indicted on the possesion with intent charge and scheduled to appear in court in August. but the weapons charge was dismissed. Am I entitled to the return of my weapon?

Asked on 6/28/02, 2:57 pm

1 Answer from Attorneys

Jeffrey Blackshear Smith, Hirsch, Blackshear & Harris

Re: return of a firearm

Whether or not the court agrees to the return of the firearm depends on the circumstances of the case. You are not automatically entitled to have your weapon returned to you just because your case was dismissed. At first impression, I can see two reasons why you may not be entitled to the firearm right now. The possession with intent case is still pending and the firearm is still potential evidence in that case. Also, a firearm charge is often dismissed on the condition that the defendant forfeit the weapon. If you feel that these reasons do not apply to you and there are no other legitimate grounds to keep your weapon then I suggest asking your attorney to file the appropriate motion with the court for return of the weapon.

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Answered on 6/28/02, 4:08 pm

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