The State Took My Guns. Now I Want Them Back.

Imagine this: the state demands you surrender your firearms, but you haven’t even had your day in court. It’s a tough spot to be in, and it happens more often than you might think. If you’re facing a 50B civil domestic violence restraining order or a 50C criminal violence restraining order, the law requires you to turn over your guns before any court proceeding resolves your case. But what happens if you’re found not guilty? How do you get your firearms back? Spoiler alert: it’s not a walk in the park. Let’s break it down.

Under these two legal mechanisms—50B and 50C—the state doesn’t wait for a conviction. If you’ve been charged in a domestic or criminal violence case, you’ll need to hand over your firearms right away. It’s a preemptive move by the courts, and it applies whether you’re guilty or not. The good news? If you’re cleared of the charges, there’s a path to reclaiming what’s yours. The bad news? It’s a complicated one.

The Process to Get Your Guns Back

So, you’ve been found not guilty—congratulations! Now, how do you retrieve your firearms? Buckle up, because it’s a multi-step ordeal:

1. File a Petition: Your first move is to head to the clerk of court and file a petition to have your firearms returned. This kicks off the process, but it’s just the beginning.
2. Serving the Papers: Once your petition is filed, the clerk will serve two key parties: the alleged victim in your case and your county sheriff’s department. They both get a say in what happens next.
3. Background Check: The sheriff’s department takes over from there, running a thorough background check on you. They’re looking for any reason—past or present—that might disqualify you from owning firearms.
4. The Victim’s Testimony: The alleged victim will have a chance to testify. Their input could sway the outcome, so this step carries weight.
5. The Judge’s Call: Finally, a judge steps in. They’ll review everything—the sheriff’s background check, the victim’s testimony, and any other evidence provided. Based on this, they’ll decide if you’re eligible to get your guns back. Here’s the kicker: even if you’ve been found not guilty, the judge can still say no. That’s right—it’s their discretion, and their ruling is final.

Why You Need Help

This process isn’t just long—it’s tricky. One misstep and you could be left empty-handed, even if the law says you’re entitled to your firearms. That’s why, if you find yourself in this situation, hiring an attorney isn’t just a good idea—it’s essential. A skilled criminal lawyer can navigate the paperwork, advocate for you in court, and help tip the scales in your favor. Don’t go it alone—get legal help and fight for what’s yours. Contact us today!