I need advice please

[AyrtonSenna12]

I was pulled over for DUI i had a black long rifle in my back seat locked up. My ticket just says DUI and Misdemeanor.... they took the gun as evidence can someone tell me if i will charged with a felony gun charge i am extremely worried i will lose my firearm privileges. I know i am stupid but i picked up the gun the day before and forgot to take it out of my car any info would be greatly appreciated. there was no ammo in the car

[trob]

i wouldnt worry about it. if you were going to be charged with a felony, you'd most likely know about it.

im curious why they would confiscate your gun for "evidence" though...

[bodger]

Evidence of what? Unless you're prohibited....and charged with something related to the rifle, what's the gun evidence of?

[John M]

They probably took it for safe keeping.

[AyrtonSenna12]

No i am not prohibited, from owning firearms do you think i will be able to get the gun back? i know how hard it is to get them back once seized but it was a nice gun

[bodger]

No i am not prohibited, from owning firearms do you think i will be able to get the gun back? i know how hard it is to get them back once seized but it was a nice gun

Did they give you a receipt for the gun?

[Tacobandit]

If you were cited and released they had no right to take it in the first place. A DUI has nothing to do with a rifle in your vehicle and if they had any evidence then you woukd have been charged right there. Go to the station and get it released back to you

[AyrtonSenna12]

they just took it all into evidence my scope, my mount, everything..... i was forthcoming and did not hide anything

[yzErnie]

They probably took it for safe keeping.

This ^^^^^^, especially if they towed your car or left it at the scene.

[AyrtonSenna12]

yes i got a recipt for my firearms and everything else they took

[AyrtonSenna12]

they left the car at the scene because i was very cooperative, and asked they not tow it as a favor

[9mmepiphany]

Sounds like you just answered your own question. It wasn't taken as evidence, it was taken for Safe Keeping as they left the car at the scene. That is why you have a receipt...so you could go get it back

[CBR_rider]

If you were cited and released they had no right to take it in the first place. A DUI has nothing to do with a rifle in your vehicle and if they had any evidence then you woukd have been charged right there. Go to the station and get it released back to you

Um, not necessarily true. It could be taken for safe keeping because no government agency is going to give an impaired person (thus, the DUI) a firearm.

OP, were you booked for the DUI? Sounds most likely based on your posts that it was booked for safe keeping. Get all the paperwork you were given together, call the agency who booked it, and ask for their release procedure. Then, get on getting that thing back.

[AyrtonSenna12]

the receipt says property booked to same as possessor

[CBR_rider]

Unless you are willing to scan all your info and post it here (which I wouldn't do myself..), tomorrow after 0800 you need to call whatever agency booked it and get this all sorted out from the horses mouth.