I was indicted by a Grand Jury several years ago for a Class A Felony. The judge ordered me to turn in my two firearms within 48 hours which I completed.

After proving that the allegations were false, my attorney soon obtained a dismissal of all charges. I received the runaround for a while and finally got official word back from the Sergeant in charge of Firearms in HPD/Records.

He informed me that although I have my dismissal paperwork, the judge never actually ordered HPD to return my firearms to me. He told me I would need to petition the Courts to have HPD ordered to return them in order for me to get them back.

My criminal defense attorney suggested against the Sergeant’s requirements. Cost, me blasted on the news again and the fact that he’s never been required to do that for others he represented were his reasons.

Any suggestions?

I'm guessing the judge would have to give an order releasing your firearms.  HPD can't override a judges order even with a dismissal. 

What did the court clerk say when you asked them about the problem?

If the judge will not give the order and If you are still represented by your attorney and are an NRA member have your attorney contact them:

"NRA-ILA can provide general advice regarding laws and regulations affecting gun owners, however; our attorneys are prohibited by the ethical restraints of their bar license(s) from providing specific legal advice.  Our attorneys are also prohibited from discussing legal issues with individuals already represented by counsel, but may assist counsel with research and advice.  You may contact the Office of Legislative Counsel at (703) 267-1161 or via email at ILAlegal@nrahq.org, however; if you have a question about your case and are represented by counsel, please refrain from contacting us directly and instead refer your counsel to this office."

I was indicted by a Grand Jury several years ago for a Class A Felony. The judge ordered me to turn in my two firearms within 48 hours which I completed.

After proving that the allegations were false, my attorney soon obtained a dismissal of all charges. I received the runaround for a while and finally got official word back from the Sergeant in charge of Firearms in HPD/Records.

He informed me that although I have my dismissal paperwork, the judge never actually ordered HPD to return my firearms to me. He told me I would need to petition the Courts to have HPD ordered to return them in order for me to get them back.

My criminal defense attorney suggested against the Sergeant’s requirements. Cost, me blasted on the news again and the fact that he’s never been required to do that for others he represented were his reasons.

Any suggestions?

I don't know which court you were tried in, but that's where to start.  See the clerk, and go from there.  Hopefully you won't have to have a lawyer appear for you.

If you turned the firearms in voluntarily "several years ago," I would suggest you not waste any more time before petitioning the court for their return.  The longer they sit, the more they are at risk of being "lost" or misplaced.

I've read all HPD needs is a certified copy of the acquittal.  If the court failed to mention HPD returning your firearms in the acquittal order, that's likely because you and your attorney didn't mention it to the judge during his ruling.

If the acquittal order needs to be amended, start with the clerk of the court.  They might be able to do that by having you file a form and they can present it to a judge.  You'll then go back and pick up the new order.

The clerks are very helpful for the most part.  Explain what you think the problem is and what HPD told you.  Ask the clerk what you need to do.

The prosecutor issues orders to HPD on when they can dispose of evidence related to a case. Your firearms aren't evidence but you could try speaking to the prosecutors about getting this cleared up as well if the other avenues mentioned don't work.