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Old February 10, 2013, 12:37 AM   #1
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Join Date: February 9, 2013
Posts: 1
Do I lose my firearm after "discharging in certain municipalities" TX

I was charged and will most likely plead guilty for the misdemeanor of "discharging firearm in certain munincipalities 42.12(b) MA PC" in Texas. My sidearm was obviously confiscated for trial process but do or will I ever have it returned after the whole process?
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Old February 10, 2013, 12:48 AM   #2
Willie Sutton
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Join Date: January 26, 2012
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Ask a Texas lawyer... you get what you pay for.

What you'll get here is free advice from people who guess. That's worth lost less than what you'll pay for it.... and may cost you dearly.


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Old February 10, 2013, 08:03 AM   #3
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Join Date: February 18, 2009
Location: NC
Posts: 254
I would at least check with a lawyer first, even if you plan to plead guilty. Does this charge carry any chance of jail time? If so, definitely get a lawyer. It sounds like it is a not too serious offense but getting the gun back is tricky. Texas law may require it to be destroyed or the court may have the option of detroying it OR returning it. Even if there is no possiblity of jail time and/or the court has the option of returning it, a good lawyer can go in and work out a deal with the DA for you. Even if you decide not to hire one, they can explain all the options beforehand.
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Old February 10, 2013, 08:24 AM   #4
Join Date: January 22, 2013
Location: Northern VA
Posts: 18
Where I'm from you would likely not get it back. The judges here will typically forfeit the gun to the PD to be destroyed. Let this be an expensive lesson learned.
"The More People I meet the More I Like My Dog"
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Old February 10, 2013, 08:39 AM   #5
Spats McGee
Join Date: July 28, 2010
Location: Arkansas
Posts: 6,915
Welcome to The Firing Line, Ranger Nation!

These fine folks who posted before I did nailed it. There are some things that you need, and some things that you do not need:

Whether you get your firearm back may or may not depend on the disposition of your criminal case. You need to talk to an attorney, licensed in your jurisdiction, and versed in both state and federal firearms law. You need to talk to that attorney about both the criminal case and getting your firearms back.

You do not need advice from a bunch of strangers from different jurisdictions, over the internet, who may or may not have any clue about the law applicable to your case. What you do not need to do is post a bunch of details about the case on the internet. Things that you tell your lawyer are privileged. Things that you post on the internet are not.

I'm going to close this, before folks start asking questions and you are tempted to post details that really ought to be kept between you and your lawyer.
I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some.
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