Weapons, Guns, Firearms Illegal seizure of firearm

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luckydogonfire

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I will try to make things short. I was invited to go hunting with my neighbor and his brother last weekend. My neighbor, whom I've only known about a year had admired one of my hunting rifles and asked if he could use it on the hunt. At the end of the day when we got back to my truck, a game warden with the Texas Parks and Wildlife Dept was waiting for us. He checked out all our drivers licenses and hunting licenses which were all valid. He was about to let us go on our way when the dispatcher informed him that my neighbor was a convicted felon and should not be in posession of a firearm, the one I let him use. He was arrested, and we were able to go without him, no weapon was confiscated at this time. The next morning, the game warden came to my house and asked to see the rifle that I loaned to my neighbor so he could get the serial number off of it. I went into the house and brought the rifle out to him. He then said he was confiscating it for evidence and gave me a seizure slip and took the rifle. I asked if I would get the rifle back and he said it was up to the courts. My problem is I would think that he should have taken the rifle the same time the neighbor was arrested, as I always clean my rifles after coming out of the field and his prints were no longer on it. Also, it was dark and the game warden did not even look or ask to see the rifle the neighbor had in his posession, so he cannot be sure that it is even the same rifle. He threatened to charge me with giving a weapon to a felon, even though the same agency he worked for gave the guy a valid hunting license, which led me to believe he could legally hunt with a firearm. I feel my rifle was confiscated illegally and do not know of any 2nd amendment friendly lawyers in the Austin, Texas area to help. Any suggestions would be greatly appreciated.
 
I'm not sure how you think your rifle was confiscated illegally. If anything, you may have a problem -- you did provide a firearm to a convicted felon. Gun laws are in effect so that firearms do not end up in the hands of someone whom the law thinks should not have them.

It's not up to you to decide when the best time the authorities should take the rifle in order to obtain the best possible chance for a conviction. Additionally, you voluntarily surrendered the weapon. If you didn't then they would have needed a warrant although you might have found some pressure yourself and thus you made a decision. Is this a case of involuntarily being forced to turn over the weapon? I'm not sure. Regardless, I would think that this was not a good judgment and it will likely not be looked upon kindly in any court of law.
 
State Provisions

I would check the state legislation concerning the ability of convicted felons to use firearms ot hunt with. Many states actually allow some convivted felons to use firearms to hunt with.
The fact that he was issued a hunting permit gives you an expectation of legal standing.

The next question I would ask is, did you know that he was a convivted felon at the time you loaned him the weapon?
 
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