My father's shotgun is in evidence...can we get it back?

Question

My father's shotgun was in my brother's vehicle at the time of brother's murder. It was not used in the commission of his murder.

HOWEVER it is being claimed by the assailant that this shotgun was used to 'shoot at his house'....the investigative report attached to the autopsy report does show that this may in fact be true; though my brother is stated by witnesses to try to take said shotgun away from the 'shooter of house'.

The police have stated it is 'evidence'.

Can we receive this property back or should we claim restitution to the State (as part of Victim Restitution)?

This shotgun wasn't used in my brother's murder.
And yes, this DOES have sentimental value due to it being my father's very first shotgun; he purchased in 1940.

And to those who believe that we somehow are more worried about the shotgun than our brothers death are mistaken. We DO have paperwork to fill out, a valid question here folks. You don't like it, don't bother answering.

Answer 1

You can, but only after the perpetrator has run out of appeals and has pulled his time, or if all charges are dismissed. Case closed, so to speak.

I had a family member murdered, a shotgun in the house was evidence even though it was not used to kill the person, it was used as evidence in the trial. When the convicted killer has exhausted all appeals and is put to death is when the SBI said we could get the shot gun back.

Answer 2

You can request it back but no chance of it being given until after the trial at best, but most likely, never is the best answer. If the shooter is convicted, the he has the right to Appeal, which means they will still need the gun in evidence.


As far as claiming it as part of a Victim's restitution, you can try, but don't count on it being included.

Have to agree with the above poster..if it was my brother murdered, I would not want it back (or even a monetary consideration, as it would seem tainted...but that may be just me).

Answer 3

Claim restitution to the state. You may never get it back, even though you know it was not used in the murder. It will be years before you could get it back, if they will give it back at all.

Answer 4

Tell the DA's office you would like the gun back @ the end of the trial. If you don't tell them you would like it back they will probably destroy it. Just so you know the gun will not come back in the original condition. Usually the officer that recovered the weapon will inscribe the weapon (I usually put my badge # and date) so if & when it matter goes to trial the officer can positively ID the weapon. Good luck with your whole situation,hope everythig turns out OK.

Answer 5

The shotgun can not be returned until the investigation is completely over. Just make sure they know who it belongs to and eventually it will be returned.

Answer 6

Do you really want a physical reminder of your brother's murder in your home?

If the answer is no, I'd say forget about it. Let the prosecutors do what's necessary to convict the assailant.

In the meantime, do the best you can to heal yourself and make the best life possible for you and your family. Let that be the memorial to your brother.

Answer 7

sorry once the police enter it into evidence there's noway to get it back . but you could try filing a suit against the police dept. and have a judge make them give it back as long as it's not been used in a crime

Answer 8

You should be able to get it back once the case has wen to trial and a verdict is reached if you don't, claim restitution to the State.

Answer 9

your brother's been murdered and that's what you're worried about? can't you just get a new shotgun? does it have that much sentimental value for you?

Answer 10

you can request it but depending on the case it might take awhile