Can a family member keep a murder weapon after the felon is convicted?

Question

I am writing a novel. If someone’s mother is convicted of murder, can her daughter keep the murder weapon? The protagonist in my story uses her convicted mother’s rifle to protect herself.

Answer 1

Many times the actual murder weapon is not returned to the proper owner depending on the outcome of the judicial decisions.  The daughter could obviously purchase another similar murder weapon and keep it under the proper laws and ordinances of the government she lives in.

Answer 2

NO, but it is a story...You could say that it was a rifle that belonged to a grandfather and the daughter requested it back due to sentimental value.

Answer 3

No, they will not get the gun back.

Answer 4

I am not sure, but this sounds interesting

Answer 5

yeah sure..that's what i would want is to have a weapon in my house that my mother used to murder someone..so what it belonged to grandpa.. mommy had it last and now i want it back.. it means so much to me..guess by now you can tell this is sarcasm? and by the way if your really writing a book then you would be getting your information from the police not the yahoo`s on yahoo...

Answer 6

It would all just depend on the situation. In most cases, no. The weapon would be confiscated. But if you were able to change the situation around in the story, im sure you could get it to fit in on why she got to keep the gun. Good Luck!

Answer 7

Doubt it. I'm sure the police would take the gun and keep it as evidence. Now if the murder weapon was never found, then you might have something.

Answer 8

Yes you can after the conviction the weapon can be released to someone if they request it. However alot fo people are turned away from obtaining it because of appeals ect. But It has been done

Answer 9

Not if the police are aware of it being the murder weapon, then it would be evidence.

Answer 10

I would say no. Something like that is kept in evidence. There could be a retrial, or reexamination of evidence and that weapon would be needed. As far as I know it remains in evidence but for how long I dont know.

But its quite possible that a request could be placed to obtain the weapon after a certain periodof time

Answer 11

No. It is supposed to be kept for evidence, appeals, etc; then destroyed. How about if it's stolen from the police dept.,and used again in another murder?

Answer 12

Throw gasoline to fire, that is great!

Answer 13

Im assuming not, They need to keep the evidence!

Answer 14

Probably not. I'm not sure what happens to evidence after the case is closed, but it all depends. I'd say that the weapon would probably be seized after that and not given to the murderers daughter.

Answer 15

Only if the weapon isn't found by the authorities... and that can be a pain when it comes to securing a conviction. As far as I know, all murder weapons are confiscated and eventually destroyed.

Answer 16

Nope.