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To: Valpal1

Sensible advice. Thanks.


45 posted on 07/19/2014 4:55:47 PM PDT by Red in Blue PA (When Injustice becomes Law, Resistance Becomes Duty.-Thomas Jefferson)
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To: Red in Blue PA

Just in case I wasn’t clear, you need to find your state’s statute that obligates the state to return the gun to you, which will require signing-off from FR and doing a little research in your state’s criminal code; and then set the matter for a hearing, while filing a petition, probably using the criminal cause number.
The persecutor may call you and ask you to come get it, just to get the matter off his docket, unless the gun is needed for the dirtbag’s appeal.

But from what I’ve seen here, you should either hire a lawyer or kiss it goodbye.
Do it or get off the pot, in other words.


53 posted on 07/19/2014 5:03:54 PM PDT by tumblindice (America's founding fathers: all armed conservatives)
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To: Red in Blue PA

Seems like you might need these links.

This provides a good sample form and instructions for filing a motion to return in Philadelphia under rule 588.
http://www.courts.phila.gov/pdf/forms/criminal/01-206-Return-of-Property.pdf

This is Rule 588.
http://www.pacode.com/secure/data/234/chapter5/s588.html

And this is from the Victim’s Right Statute.
http://law.lclark.edu/live/files/4976-pennsylvania
(g) Return of property. The appropriate law enforcement agency shall return to the victim property
seized as evidence if the prosecutor’s office determines that the evidence is no longer needed for
prosecution.
(fn 1: 18 P.S. § 11.201)

It’s possible that they will try to hang on to the gun until forced to return it.


84 posted on 07/19/2014 9:26:52 PM PDT by Valpal1 (If the police can t solve a problem with violence, they ll find a way to fix it with brute force)
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