A pharmacist in OK is accused of murder. In lieu of payment to his lawyer, he gave his lawyer his guns. It’s a fairly common practice for folks with large collections of weapons who maybe going to trial to place weapons in their lawyer’s custody to avoid confiscation of them. The lawyer can, then, lawfully sell them or retain them until the trial is over, unless the weapons were involved in the crime, of course. So, this doesn’t seem that unusual.
But the judge asked, as part of the bail, that the defendant relinquish all weapons. When asked where they were, he said he gave them to his lawyer. The judge wanted a list and the lawyer said no because that information could be used against his client. And, I’m sure, the prosecutor would happily point out to a jury how many weapons this gun nut owned, as though that were a bad thing. The judge was not amused and threatened to put the guy back in jail for not answering. Judge was reminded of that whole fifth amendment and finally said uncle. But says, in the future, she will not allow lawyers to accept weapons as payment. Really? Seems to me the contract between two people isn’t her concern.
More here.
Dave Hoffman implies the alleged crime gun was among them. I’m pretty sure that gun is in police custody somewhere.
Via reader JKB, who posits:
My wonder is, if you can’t let your attorney take possession of your weapons and if you turn them over to the local police they are likely to not be returned regardless of the outcome of the proceedings, what is permitted and how do you prevent the court ordered surrender from prejudicing your defense?