Gun held by Police Dept...Won't return!

[chippper27]

Hello Everyone...

First time to post so I hope I don't offend anyone by a repetitive topic! Alot of info to go through in order not to repeat, know what I mean?! *wink* Anyhow, Long story short:
1. I was arrested for a Class B Misdemeanor(theft over $50- under $500),
2. charged with possession of narcotic(persoanl prescription that was later dropped),
3. I had my firearm on me with proper CHL license(no charges pertaining the firearm),
4. My medication was released with no issues BUT my firearm is STILL sitting in the property room at the Police Deptartment( the officer on duty says they need a court order from the presiding judge to release it to me),
5. My probation officer says that he has NEVER heard of that concerning a predicament like mine)
6. I am on probation for 2 years due to the theft(unemployed with NO $ at time of the act...desparate times),
7. The court papers I signed in the court for my plea bargain indicated that I CAN still carry under my CHL license(it was not revoked & as I stated earlier, I was not charged with anything regarding my firearm!)

PLEASE HELP ME!!!!

Clifford(cliff_lopez@yahoo.com)

P.S.- My lawyer says that the Judge is just holding onto the official request to release my firearm. Pretty much just sitting on his desk "collecting dust"! What can I do?! What should I do?!

 

[proforguns]

i think the judge HAS to release the gun check back thru gun talk episodes about a month ago I think thats what he said

 

[txinvestigator]

Briefly DPS, under the law, SHALL suspend your CHL if you are charged with a Class B misdemeanor. Upon being charged with the B did DPS suspend your license?

Upon conviction, DPS SHALL revoke a licenseif you become ineligible under the law. Conviction of a Class B makes you ineligible for 5 years from the date of conviction. I don't think the government code gives the trial court any option or say in the matter. 411.186 and 411.187 of the Texas Government code.

When was your conviction?

You need a lawyer. Look in the Code of Criminal Procedure for disposition of property rules.

 

[proforguns]

If they revoke his license does that mean he can no longer own a gun or just no longer concealed carry?

 

[Code3GT]

Should be just a CHL suspension, not the ability to own.

The judicial system can be a real pain in the rear. Fight it the best you can, and good luck!

 

[txinvestigator]

Texas does not regulate ownership. It regulates possession, carry, etc. I guess the question of the return of his gun really has nothing to do with his CHL status.......However, since he was convicted he is ineligible to be issued a CHL for 5 years. That means, under the Government Code, DPS SHALL revoke his CHL.

Return of property is a matter I just am not well versed in.

 

[TexasRedneck]

I'm sorry.....but I'm having a VERY hard time with this....you were "broke" so you stole - yet had a gun w/you that you COULD have sold for $$$.

Sorry...... View attachment 3497

 

[Charlie]

Kinda' thinking like TexasRedneck! What can you do? Don't steal other people's property! What should you do? Serve your time/probation, etc. and don't break the law again.

 

[jake75]

The judge might have in mind that if he gave your gun back and the next time your "broke" you might use it in the next theft. Like Code3GT said, good luck.

 

[TexasRedneck]

Guess he didn't like our responses...

 

[DirtyD]

Actually he cannot get his CHL back for 7 years, 5 years for the inital class B offense, and an additional 2 for the DPS penalty.....

 

[Pawdog]

I personally have ZERO tolerance for thieves. There is no excuse for stealing, and as someone else here said, he could have sold or pawned the handgun instead of committing crimes, and then tries to justify his theft by claiming he had "no other choice." I hope they keep the pistol and revoke his CHL for life!!!

 

[San Antone RR]

I believe the agun Control Act of 1968 prevents him from even possessing a firearm while on probation. TXI, is that correct?

 

[txinvestigator]

Actually he cannot get his CHL back for 7 years, 5 years for the inital class B offense, and an additional 2 for the DPS penalty.....

That is correct. The conviction makes him ineligible for 5 years, once he is eligible, there is a legislative revocation penalty of 2 years.

 

[TheDan]

You should contact the TSRA. Keep in mind you totally did this to yourself, and you're going to have to take some lumps...

 

[TexasRedneck]

Guys....stop feedin' the T R O L L . . . . . .

 

[357reload]

Old rule. don't do the crime if not willing to do the time. Fellow sounds lucky, Hope he never sees his CHL or gun.

 

[Bithabus]

I believe the agun Control Act of 1968 prevents him from even possessing a firearm while on probation. TXI, is that correct?

Probation from a misd. theft conviction shouldn't. But this poster is a troll.

 

[San Antone RR]

Holy Old Threads, Batman!!!

 

[MR Redneck]

CHL Fail>>>>>>>>>>>>

This thread makes me sick. Not only is it an insult to Texas Gun Owners, it is an insult to the State as well.
Everyone on here know's how I feel about being taxed for your 2nd amendment right to keep and bare arms, and this subject makes the tax stink worse!
The state of Texas issued a CHL because you paid their Tax. The background check that I often hear and read about is " Suppose to make sure your an elitist" who wouldn't commit a crime against others!
The simple fact that you Stole from someone while being armed is a insult to me as a Texan! I dont know what Liberal ass POS court didn't convict your ass of armed robbery, but you damned sure deserve it!
I have been broke and hard up several times in my life, never once did the thought of stealing cross my mind! I would have taken my gun to the pawn shop instead!
You should not be allowed to get that gun back! You should not have a right to carry a gun either!
You should be sitting in prison for armed robbery!