Thursday, December 5, 2013

Legal form for return of firearms seized as 'evidence'

Bell County Attorney refuses service of motion to obtain Grisham's firearms from evidence...
One from the stacks, TX Code of Crim. Procedure, Chapt. 18, Sect. 18.19
This is the form promulgated by Texas law that M/Sgt. C.J. Grisham is turning in to get his pistol and rifle returned to him. - The Legendary
Notice the application must be made before the 61st day following the date of the judgment of conviction

This is Sgt. Grisham's account of what happened when he tried to deliver his motion to the County Attorney's office:

"They sent down Darrell Guess - another nobody - because Nichols was supposedly in court. He wouldn't talk to me except to say he'll only talk to my attorney. I told him I don't want to talk just submit this formal request according to Texas law. And I don't need an attorney to submit it. He started walking away and asked to at least take the copy of the law I printed out for him. He refused. I responded I didn't expect them to start obeying the law now since they haven't cared about it to date. Guess is the same statist thug that worked so hard trying to hide the dashcam footage from the public. They answer to no citizen I guess (no pun intended). I filed the demand with the county clerk to at least ensure it was in the court record and available for public scrutiny."

In accordance with Texas Code of Criminal Procedure, Chapter 18, Section 18.19, I hereby demand the immediate return of my lawfully carried firearms and other accessories that were confiscated from my person on March 16, 2013.

On November 19, 2013, I was convicted of violating Texas Penal Code, Chapter 38, Section 38.15 INTERFERENCE WITH PUBLIC DUTIES, a non-violent Class B misdemeanor. On November 20, 2013, I was sentenced to pay a fine as a result of that verdict.

Section 18.19 of the CCP states that I am “entitled to the weapon seized upon request to the court in which the person was convicted or placed on deferred adjudication.” I hereby make that request and put the court on notice that I am in compliance with the Section 18.19(d)(1-5) to wit:
  1. This request is being made BEFORE the “61st day after the date of the judgment of conviction
  2. I have NOT been convicted under Chapter 46, Penal Code
  3. The weapons are NOT “prohibited weapons” under Chapter 46, Penal Code
  4. The offense did NOT occur “in or on the premises of a playground, school, video arcade facility, or youth center, as those terms are defined by Section 481.134, Health and Safety Code”.
  5. The court has NOT determined “based on the prior criminal history of the defendant or based on the circumstances surrounding the commission of the offense that possession of the seized weapon would pose a threat to the community or one or more individuals”.
I may be contacted directly at 254-383-8238 to arrange for transfer of my firearms, ammunition, and other items still in possession of the Bell County Prosecutors Office.


__________________________________ ___________________
Christopher J. Grisham DATE


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