Legal Question in Civil Rights Law in Virginia

Hi my names Thomas, Im going to try and make this as short as possible. Im a law biding citizen I own and carry handguns I have a consealed handgun permit. About two months ago i was going fishing I pulled into the parking lot. There is a sign on the peir that say no guns allowed and I had my handgun holstered. There a police officer talking to someone about 30ft in front of me so I didnt want to get out standing to remove my gun an holster from my belt. Sitting in my vehicle I couldnt remove the gun and holster in one so I pulled the gun out layed it on the seat undid my belt an removed the holster. I picked the gun up an went to put it back in the holster and it dischared the bullet went though my hand out the window into the bay. I couldnt beleive what had happend since I didnt have my finger on the trigger. I got out my vehicle and walked over to the officer and asked for help he call an anbulance and they took me to the hospital. The police officer who came to the hospital started asking me questions at that time I didnt know what caused the gun to discharge. So I told him I dont know how it happend then he asked if I was on any drugs or drinking I said no. Then I figured he was going to try an charge me with somthing so I stopped talking then he asked me to take a breathalizer while he was taking pictures of me I told him no and asked him not to take pictures So he left and two days later im released. I figured out what had happend by looking at my holster they left in my car. The inside had a tear going down the right side of the holster from the bullet so I got my glock 19 thats the same size as the sig I shot myself with put it in the holster at the angle of the tear an the plastic piece of the strap went inside the trigger gaurd causing it to discharge. Well its been months now I tried to get my gun out of property and evidence for a while the officer wont sign the release papers. I called him to see whats the hold up and he said because I refused the breathalizer he wanted to see if narcotics and alcohol were involved. I told him I dont do drugs an I wasnt drinking at the time of my accident I was not charged with anything he told me he would get back with me on this issue but he ignores my calls and voice mails I have been trying to get my property back for some time now and I wanted to get some advice from you I am a member of the NRA I have not contacted them on this issue yet if you could please steer me in the rite direction to get this matter resolved thank you.


Asked on 10/31/12, 9:14 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

You could hire an attorney to contact the local Office of Commonwealth's

attorney to request the return of your property or you could attempt

to do it yourself.

However, if the the prosecutors refuse to accommodate this request, you could

then consider filing in the local general district court what's called a Warrant in Detinue for the return of your personal property against whoever the authorities are who are wrongfully withholding it from your possession. (The foregoing assumes that there are no criminal charges pending arising out of the incident you've described nor are any such likely to be filed.)

Read more
Answered on 10/31/12, 9:04 pm


Related Questions & Answers

More Civil Rights Law questions and answers in Virginia