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Old 12-25-2012, 6:50 PM
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RickD427 RickD427 is offline
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Andy,

There are far too many variables in your question to give a good answer.

If your weapon is in L.E. custody, you really should seek the advice of a qualified attorney. Here are a couple of points to keep in mind:

Is your AR-15 an RAW or OLL? That makes quite a difference as to the charges your friend may be facing, also for your culpability in supplying the weapon.

What was your friend charged with? INS doesn't deport all criminally charged persons.

What agency is involved? Some L.E. agencies have adopted polices intended to frustrate the owner of a weapon from recovering it (like requiring proof of original purchase). The DOJ Law Enforcement Gun Release letter is required for the agency to release the weapon to you, but your obtaining of the letter does not require them to release the weapon. If the weapon has evidentiary value to the case, you should plan on it staying in custody until the case is resolved. That includes the trial and appeal period. Most trials last between 1/2 day to 3 days, but plan on a number of delays getting to the trial.

Once evidence is admitted, the court controls it. The judge may order the weapon destroyed if he/she deems that it was used for a criminal purpose. This is another reason for you to have an attorney. They can best represent your interests in the weapon.
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