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Old May 16, 2012, 12:55 PM   #1
TheNilvarg
Junior Member
 
Join Date: May 16, 2012
Posts: 1
Police holding seized firearm for 180 days?

I live in Georgia.

Back in November, my personal carry revolver - my one and only firearm - was stolen and was used to commit a crime. The police seized it from the perpetrator when he was arrested, and they told me that it would be placed in evidence and that I'd be able to claim it when the trial is over.

The trial was on May 3rd, and a week later, I called the local police department and spoke to an extremely nice lady working in evidence lockup. She took down my information for a background check to make sure that I could own the gun I need to claim.

I'm a law-abiding citizen, so of course I passed the background check, but she called yesterday to tell me that the gun /ammo/holster that were seized would have to be held for 180 days after the background check. That basically means that in total, I will have been deprived of my right to bear arms and to defend myself for an entire year.

Is this Unconstitutional and legal? If not, is there anything I can do about it that won't cost me thousands of dollars in legal fees? At the very worst, I'm losing my Second Amendment rights, and at the very least, the gun is collecting rust in the evidence locker (I seriously doubt they'll keep it oiled, and I didn't have a chance to re-oil it before it was stolen).

Any advice is appreciated. Thanks.
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