Legal Question in Criminal Law in Pennsylvania
Getting back evidence taken during my arrest
Background: 2.5 years ago I was arrested in PA for DUI and and Simple Assault (3rd degree misdemenor). During the arrest two deer hunting guns were taken and are still being held by the arrestting police department. They tell me I have to go to court to get them since I brandished one of them during the altercation with the other party.
The judge at my trial, who sentanced me to a ''flat-48'' in the local men's correctional facility and also revoked my driving license for 1 year, said nothing about being on probation or not being able to possess guns. Neither did the District Attourney's office or my lawyer.
Question: If I go to court to get the guns back, is there a chance the ruling judge can revoke my right to won and possess firearms?
1 Answer from Attorneys
Re: Getting back evidence taken during my arrest
No. DUI and simple assault are not within the list of crimes that would prevent you from owning firearms.
I'm assuming there were no other charges from your question.
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