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Benefit from the Experience of Attorneys Bill and Valerie Sherman Former Assistant Attorney General, Assistant County Attorneys and Magistrate Judge

If The Officer Took My Gun When I Was Arrested, Can I Get It Back?

Question: I got stopped for a DUI in North Georgia. I had a licensed gun in my car. Can I get my firearm back? Will I lose the ability to own a rifle of handgun? Also, will I get my ammo back, which I just bought?

Answer: Since we are DUI attorneys in Georgia we get this question not infrequently. First off, your right to own a gun is enshrined in the U.S. Constitution, in the Second Amendment. Because of this Constitutional right to "bear arms" there are many rifle and handgun manufacturers, including: Smith & Wesson, Colt, Heckler & Koch, Browning, CZ, Bond Derringer, Beretta, Bushmaster, Ruger, Mossberg, and Remington. Each company has its own line of weapons and each has various features that hunters, gun enthusiasts and rifle owners are seeking.

There are also many ammunition makers, including Remington Ammo, Federal Ammo, Fiocchi Ammo, Hornady Ammo, Magtech Ammo, MBI Ammo, PMC Ammo, Tula Ammo, Sellier & Bellot Ammo, and Winchester Ammo. Hunters, rifle and handgun owners look for various features when it comes to purchasing ammo, including, of course, price.

Generally speaking, and without knowing the specifics of your situation or anything about your past record, you are entitled to receive your gun, rifle or handgun back and, perhaps most importantly, you will not lose your right to own a gun.