Gun advocate C.J. Grisham tells county: 'Give me my guns back!' - MyFoxAustin.com | KTBC Fox 7 | News, Weather, Sports

Gun advocate C.J. Grisham tells county: 'Give me my guns back!'

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Fort Hood Master Sgt. C.J. Grisham was arrested in March by Temple Police while hiking with his son.

Police were called after someone saw him openly carrying a rifle which is legal under state law.

In November, Bell County found him guilty of interfering with the duties of an officer, fined him $2,000 and sent him on his way.

Two weeks ago, he started trying to get his guns back. He says he started looking at the police department -- no guns there -- they told him to try County Attorney Jim Nichols' office.

"So I went to the county prosecutor's office with an actual formal request in my hand based off of the law. The county prosecutors wouldn't talk to me. They said they're not gonna talk to me without my attorney and I said 'I'm not gonna pay an attorney to come here and give you a piece of paper I've got in my hands' and they just walked away from me," Grisham said.

Grisham says then he filed the request with the county clerk's office and called the county again this past Monday. He says this time they told him they didn't know where the guns were.

"Give me my guns back. Right now. You have no reason to hold them. This wasn't a gun case, you said so yourself it wasn't a gun case...so give me my guns back," Grisham said.

We called county attorney Jim Nichols for comment. Nichols told us in a statement.

"During the course of the trial, several photos, diagrams, recordings and weapons were entered into evidence. As in all cases, physical evidence is marked and preserved by the court reporter in the case. All evidence is stored pending a final disposition of the case," Nichols said.

"Well then why is the court reporter telling us that they don't have it? I mean, it seems like everybody that we speak to from Temple P.D. to the Sheriff's department to the court, the county clerk...nobody seems to have these guns," Grisham said.

Grisham says his attorneys are appealing the verdict -- but they haven't filed yet. He says even so, it shouldn't matter.

"It doesn't matter. Because the appeals court isn't gonna hear evidence. In an appeal, he's not gonna be taken in there showing guns off to the appellate judge because we're arguing matters of law not matters of evidence," Grisham said.

Grisham says his AR-15 and pistol are worth $1200 and $900 respectively.

"In all, they've got over $2000 worth of my property so maybe I should just not pay the fine and consider the debt even," Grisham joked.

Nichols also said "The county attorney's office has not filed for forfeiture, nor does it intend to seek forfeiture of any of the items entered into evidence in this case. However, since thirty days have not elapsed since the jury rendered its verdict and sentence, the judgment is not yet final. Until the judgment becomes final, either by operation of law or through the appellate process, the items in question remain in evidence."

Grisham says he's already made a couple of payments toward his 2 grand.

But when we told him what the county said about the 30 days, Grisham says he's not paying a penny more until he gets his guns back. And he says he'll be asking for them on day 31.

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