Motion for the Return of a Firearm in Florida

Being charged with a firearm offense is an unpleasant experience. There are multiple factors that come into play regarding whether you’re convicted, and a knowledgeable criminal defense attorney is one of them. Unfortunately, there are circumstances that make it necessary for the court to take away your guns. If you were convicted of an offense that caused law enforcement to remove your guns, there might be a chance you can get it back. In Florida, you can make a motion to gain back what should be rightfully yours.

When Do I Need a Motion For Return of a Firearm?

If you were charged with a gun crime and law enforcement took your firearms away, there’s a good chance you’ll be able to make a motion for the return of your firearm. It’s important to make a motion for your firearms to be returned as soon as possible. If you don’t act swiftly, there’s a good chance that law enforcement will destroy them.

Unfortunately, just because you file a motion for the return of your firearm doesn’t mean it will be granted. There’s a specific process that must be followed. Whether your firearm is returned or not depends largely on the circumstances surrounding your case. According to Florida Statute Section 933.14(3), “No pistol or firearm taken by any officer with a search warrant or without a search warrant upon a view by the officer of a breach of the peace shall be returned except pursuant to an order of a trial court judge.”

Requirements to Motion for the Return of a Firearm

Certain criteria must be met to file for the return of a firearm. First, you must be able to prove that the firearm that was taken is legally yours. Other criteria include:

  • The firearm must not be being held as evidence
  • The firearm must not have been involved in violent criminal activity
  • You must not be lawfully disqualified from owning a firearm

Some circumstances that would disqualify a person from owning a firearm include:

  • Being convicted of a misdemeanor or felony
  • Being convicted of domestic violence
  • Being recently committed to a mental institution
  • Being considered mentally defective

A knowledgeable criminal defense attorney will know the best way to present your case before the court. You should take your time finding a defense attorney that wants to get to know you and the circumstances surrounding your case.

How Do I Petition for Return of a Firearm in Florida?

If your firearm was not taken using a search warrant, there is a procedure you must follow to attempt to get it back. The first step of the procedure is to file for a return within the first 60 days. It’s important to note that the petition for return must be written. Once received, any motion for the return of a firearm will be sent to the clerk’s office.

In cases where the firearm was taken without a warrant, there is a good chance your petition will need to be seen in court. The court will determine whether you meet the required criteria and, therefore, if your firearm will be returned. Hiring a criminal defense attorney is the most effective way to ensure that you get your firearm back.

Top Firearm Defense Attorneys in Orlando

If your firearms have been taken away from you, it’s imperative to act quickly. Hiring a defense attorney is a good first step to getting your firearms back. In Orlando, The Umansky Law Firm is an excellent source for criminal defense. The attorneys at our firm understand the law and will fight tirelessly to help you win back what is rightfully yours. We have more than 100 years of experience representing individuals from all across Central Florida and would be proud to represent you too.

The attorneys at The Umansky Law Firm are highly rated on Avvo.com, among Florida’s Legal Elite, and Super Lawyers in the state of Florida. To schedule a free consultation, call 407-228-3838 or contact us online today. Don’t let your life be defined by a single mistake. You deserve better.