gun laws?

[kayln]

What is the name of your state? south carolina

ok.. may of last year my husband was arrested for criminal-
domestic violence of high and aggrivated nature...after the
officers arrested him and placed him in a police car another
officer came in and asked if there were any guns in the home.
i told him yes, in a locked gun cabinet in my bedroom. i could
not lie because the other officer had already been back there
and surley seen them. the officer then said he was going to
remove them for the safety of the household and they could
be gotten back by going down to the sherrifs dept. now - at
the time i was to upset over the fight to think clearly.. so i got
the key and gave them all 5 shot guns and rifles my husband
and sons use when deer hunting. i have a copy of the police
report that states the guns were removed for the safety of
the house hold. now my husband never used the guns or even
threatened me with them --- they were in a locked cabinet with
the key kept 3 rooms away hidden for safety of the children. i
called the sherrifs dept the other day and asked to come get
the guns to put at my parents house in a gun vault for when
my boys are of legal age to have them---they love hunting...
the man i spoke with stated they were being held as evidence
( of what ? they were in a locked cabinet- my husband busted
my nose with his hand--no gun was involved) he also stated
i could only get the guns back once my husbands case was
resolved--as in non conviction. so once hes convicted they get
the guns for free---and we paid 400-500 dollars for each one!
i also told the man my husband no longer lives with us and has
agreed to have the guns be put in the vault at my dads for the
two sons we have. so he says i have to bring in proof showing
the guns are registered in my name... well hello theyre in my
husbands name...i dont deer hunt...now his case should be
going to trial sometime soon it has been a year this month since
the arrest...how can i get the guns back from the police? they
are marrital propery!! so i should have rights to them too. please
help....i'm a push over and don't know what else to say or do!

 

[GKris]

If they were removed in a protective manner, then you should be able to get weapons back if you can provide proof of ownership. Realizing that leagally they belong to you both as marital property, the police dont care about that stuff. Their only concern is your safety. If convicted, your husband will probably be banned from owning weapons in the future so they will be destroyed. I am not sure if hiring an attorney would do any good since its a matter of policy rather than law. Its meant to protect women from nuts who like to beat them up. Either speaking to the DA, the officer/detective who is charge of your case, or maybe even the little guy who runs the property room may give other options.

 

[kayln]

guns

thanks! the guy i spoke to is the one with the key to the
evidence room at the sherrifs department. how can i show
proof of ownership if there in my husbands name? also the
charge he has against him - c.d.v. high and agrivated nature
is still a misdemenor if i read right on s.c. code of laws- isn't
just felony charges banned from gun ownership? im getting
the run around by the police here... i understand it was for
safety of me and my children....but it is still our property we
paid for and belive me i have 4 children and will more than
likely not be able to afford to buy guns like that again for
my 2 boys...brownings are really expensive...so is that charge
one that stipulates you cant own firearms?

 

[GKris]

The local judge can stipulate any terms of his sentance he wishes. First offense will probably be probation and it can be part of the probation to not own weapons. Talk to the DA