Firearm seized from my apartment.?

Question

I got my firearm seized from my apartment during a parole sweep. My older brother is on parole. It was my fault because I just came back from hunting and forgot to put my gun in my safe. Long story short, cops said that my gun cannot be returned to me because it was involved in a crime. (Crime meaning my brother violated parole. He was charged with possesion of a firearm) I just want to know if that is true, or is their a way I can get my gun back?

Answer 1

If it is your apartment and an area that you exclusively controlled, they had no right.

Answer 2

You are going to have to get a lawyer once these jerks get their hands on your gun they will try to keep it.But as long as you get a lawyer you can get it back.

Answer 3

I do not know the ins and outs of the law regarding parole in your area.  However, parole searches are usually limited to the defendants room and common areas such as: bathroom, kitchen and living room.  If the firearm was in your room, then I don't believe that the parole officer would be capable of seizing it.

Answer 4

if your firearm was out in public view where it was accessible to anyone or if it was in your room and the door was not locked... parole has the right to enter your room because that means it was accessible to your brother who is on parole.  a felon is not allowed to be in possession of a firearm whether it be physical possession or not.  if it was in the general area, he has possession.  you can get your gun back... you didn't commit the crime.  you will have to go to the department and pick up a form to fill out with DOJ to request your guns back once your brother goes to court and that process is over.  if the gun belongs to you you have the right to it after all is said and done.  there is a fee for DOJ to process your request but it is only like 20 bucks or so.  i cant remember.  whoever took your gun should have given you a property receipt or left one at your apartment when they took it.  but yes..... you will be able to get your gun back... it just might be a lengthy process.