Domestic Violence - Firearms taken away but no charges are laid

**WarHawk** · 20-10-2015, 15:49

Hi everyone,

I did a search for this on the forum, but couldn't find anything, so I hope someone can assist me.

Me and my wife are separated, on the day when she had to pack her bags and go an argument ensued between me and her mother (her mother wanted me to open my gun safe and I refused), my mother-in-law attacked me and I used minimal force to defend myself from her attacks (I still walked away with a lip full of blood, but she had no marks on her).

My wife and mother-in-law after the incident ran outside my residence and phoned the police and told them I am assaulting them.

Police showed up and spoke with both of us, my witnesses told police I acted in self defense and my mother-in-law and myself did not lay any assault charges.

While the police were busy talking with me to ask me what had happened, my wife came running into the house and said that during an argument the night before I held a gun to her head and told her I am going to shoot her if she doesn't give me her cellphone.

Police wanted to see my firearms and took them away... its been 3 weeks now...

I recorded our fights due to my wife's violent nature during arguments (she is Bi-Polar and not on any meds) and my neighbor also came into the house directly after my wife ran outside again that night and he also saw I didn't have any firearms in my hands. (I did have a torn shirt and a bloody mouth from her attack when she wanted to rip my jaw off)

I went to the police station, I handed in my statement and the statement of an eye witness, but after 3 weeks now, they still didn't get my wife's statement.
I checked with them as well and no charge was put in against me for anything (no criminal record whatsoever), BUT the police are refusing to give me my firearms back.

Lawyers that I spoke to said that the police have no right to keep my firearms since no charges have been put in, but I cant find anybody that is willing to assist me to get my guns back and a few told me they don't want an Oscar case on their hands.

What can I do??
Will I get my guns back??
Can I still apply for new licenses??
I'm staying in the East Rand, is there someone I can go see that can help me??

**SSP** · 20-10-2015, 15:53

These lawyers that you spoke to - did you consult them on a formal basis?

Is there a protection order in place? - I gather not.

I would consult an attorney, formally and not on the internet forthwith.

**AshleyR** · 20-10-2015, 16:00

Try someone on the list at http://www.gunsite.co.za/forums/show...rm-Gun-Lawyers

**WarHawk** · 20-10-2015, 16:03

I phoned them and wanted to make an appointment, but they just said they cant help me further, because gun laws are not their specialty and 2 of them said they don't want an Oscar case on their hands.

There is no protection order in place.

I got the number of a lawyer that is based in the east rand that might be able to assist, but the guy is in court the whole day and its a struggle to talk with him, so I don't know what to do anymore... I want my babies back... :(