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It is my understanding, that the rifle was taken away from the accused, and that it was part of the evidence used during trial by the prosecution.

However, now that the trial is over and the man is found not guilty, is he getting it back? By rights he should be, but is that process -- return of all items taken away upon conclusion of the trial -- automatic, or does he need to file forms (or even sue) to get his property back?

Do these rules vary widely between States (and Federal courts), or is it (almost) the same everywhere?

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  • @VladimirF, we even know, where he got the money to buy it. Can you answer the question, though?
    – Mikhail T.
    Nov 23, 2021 at 19:57
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    there are still charges pending against the actual owner (Dominick Black).
    – thelawnet
    Nov 23, 2021 at 20:23
  • Well, it was bought by his friend in a straw purchase, that is a reason his friend is now prosecuted, but as you wish... If you want to argue that it is still Rittenhouses's gun and not the buyers's gun, there is little point debating that. I deleted my initial objection. It is for the lawyers to determine who is the actual lawful owner. Nov 23, 2021 at 20:24
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    Does this answer your question? When gun used to kill in self defense and the gun is taken as evidence, can you get it back?
    – user35069
    Nov 23, 2021 at 21:01
  • @RockApe, that question is similar -- indeed, I suspect the asker really had Kyle in mind. But it is vague -- and so the answers are all "it depends"... Depends on the circumstances, that we know about Kyle in particular.
    – Mikhail T.
    Nov 24, 2021 at 2:38

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