Bad situation leaves my buddy disarmed. Advice needed.

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bigbayou87

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My friends house was just raided by law enforcement. They were after his brother who lived at his house. Apparently the little turd was selling drugs. After arresting the brother they seized all of my friends firearms. None of which belonged to the younger drug head brother. I doubt theres much hope for this, but are there any options available to legally to re-obtain his weapons?
 
bigbayou, I hope that you don't think I was just being a smart-aleck with my response, but that really is the best thing that your buddy can do. Just from your short post, I can make an educated guess as to what he's facing, and here are some things that immediately sprang to mind:

1) If LE raided the house, they probably had a warrant.
2) If LE had a warrant, they probably had several undercover or CI buys on the property or even in the house (or apartment) prior to the raid.
3) Just off the top of my head, here are a few of the charges that your friend may be facing, by their Arkansas names. I'm sure that your jurisdiction has similar charges.
a) Possession of a Controlled Substance
b) PCS with Intent to Deliver
c) Delivery of a CS
d) Simultaneous Possession of Drugs and Firearms
e) Maintaining a Drug Premises​

That's just from what I know. Local LE and the prosecuting attorney may have even more than that on their minds.
 
Thanks for the info Spats. The thought of you being a smart-aleck honestly never crossed my mind.
 
he needs a lawyer BAD
he needs a lawyer that is both good for criminal AND guns

one angle he should do RIGHT NOW, is write a formal letter to the DA and to the PD, delivered via registered mail stating that he
1. DID NOT KNOW of his brothers criminal activity
2. asking for HIS guns back, stating that they are his, his brother was a 'guest' of his home and did not have access or permission.

and lastly, I hope, really really HOPE that he can prove HE owned the guns.

Oh, and BTW, the may to will have him testify on the states behalf, tell him NOT to be expected to be treated nicely, his brother got caught, in HIS house, also, they raided, that means there should be a warrant, he REALLY REALLY needs a copy.
 
Shadow 7D said:
. . . .one angle he should do RIGHT NOW, is write a formal letter to the DA and to the PD, delivered via registered mail stating that he
1. DID NOT KNOW of his brothers criminal activity
2. asking for HIS guns back, stating that they are his, his brother was a 'guest' of his home and did not have access or permission. . . .
Click to expand...
With all due respect, Shadow 7D, no. If there's been a warrant executed and items seized, and charges are coming down the pike, a formal statement to the DA and the PD may well be the last thing his buddy should do. That has "Law of Unintended Consquences" written all over it.
 
Attorneys are like guns.

You may not ever need one, but when you do need one you need one really really bad.

He needs to lawyer up.

Just my .02,
LeonCarr
 
Ditto advise on a lawyer WELL VERSED in these matters.

IIRC, If they feel your buddy had knowlege of the illegal activity and allowed it to go on, they can seize the house too.

They have seized a lot of cars that way. The person was giving the dope peddler a ride when LEO decided to move on the peddler. The car is taken because the person could not prove they didn't know the passenger was holding.
 
I agree with the previous advise that your "buddy" needs a lawyer. There is very little we can do. The only other advise I would suggest is that gun(s) owner should collect copies of any records (#4473 forms, sales receipts, registration forms, etc.) that would show that the guns belonged to him and not the brother.
 
Yes, he needs a lawyer.

One of the most important things to remember is that communications between a lawyer and client are confidential. Stuff posted on the Internet is not. It's a bad idea to discuss real life, personal, serious legal matters with a bunch of strangers in public.

So before stuff starts coming out that should remain private, and since the OP has his answer, this one is closed.
 
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