Legal Question in Criminal Law in New York

Release of Seized Property

I traveled to new york city by car and brought a handgun with me in a locked case. I stayed in manhattan for a few days and the handgun never left the case, let alone the apt. I did not realize that possessing a firearm in NYC was a crime, which I should have checked on prior to going to new york. I went to the airport to fly home and declared to the ticket-counter agent that I had an unloaded firearm in a locked case in my checked bag, just as the TSA tells you to. The lady called someone to help me and two NYPD officers approached me asking me if I had a permit to carry the gun or if I could prove ownership. neither of which i had. they arrested me for criminal possesion of a weapon in the fourth degree and took me to jail. I went before the judge the next day and she lowered the charge to disorderly conduct. I paid a fine of $95 and went on my way. The officers said that my gun would be held for ballistics testing and I might be able to get it back after. Is it possible to get it back and how do I go about doing that?


Asked on 1/13/05, 8:19 pm

1 Answer from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: Release of Seized Property

Every jurisdiction does it differently. Once you cases over you can go to the station where the gun is being held in evidence and ask for it back. Sometimes you need a court order. They arent going to send it to you by mail. They are gonna make it as difficult as possible. If it were me, Id just forfeit it and move on. It has some special value to you you will probably need a lawyer to guide you through the maze. Is it worth it to you?

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Answered on 1/13/05, 8:52 pm


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