[Spats McGee]

Welcome to The Firing Line, TheNilvarg!

First, my usual caveat: I'm a lawyer, but I'm not your lawyer, and I'm not licensed in the Georgia state courts. What I'm about to type is not legal advice. If you want legal advice, go see a real Georgia lawyer.

With that said, you really do need to go see a Georgia lawyer to get the answers you want. I do have a question, though: Did the nice lady in evidence give you any reason for wanting to hold onto your pistol? Or is it just "the way they do things?" There may be some perfectly legitimate reason for keeping the pistol or there may not be. For example, the trial is over, but the police/DA/etc may need to hold onto the pistol in case there's an appeal. Or it may just be an unwritten policy, which is somewhat more problematic. The answer to that question may help resolve the constitutional question.

If you really want your pistol back, I'd suggest making those requests in writing, and keeping copies for your own file. If it turns out that the PD is doing something unconstitutional, your lawyer will be glad that you did.