Bain to get his Gun Back?!

What does everyone think about this?

I heard on the news that Davin Bain has applied to get all his personal belongings from the trial back, including among other things, the gun that was suspect as dave's murder weapon.

thoughts?

legally he is innocent.. so he should get it back no problem.. or should he?
if they cannot proove innocence, yet they couldnt proove him guilty, then can they say he will be safe wth a gun again...???