Megan Thee Stallion’s lawyer disputed Tory Lanez’s recent appellate claim that the gun allegedly used to shoot the Houston rapper in 2020 is missing, according to legal affairs reporter Meghann Cuniff.

Lanez, real name Daystar Peterson, argued that the supposed lack of gun evidence hinders the Canadian’s ability to claim innocence. The petition, filed by his attorneys Crystal Morgan and Michael Hayden of Unite the People, contends that the absence of critical evidence, such as the firearm and bullet fragments, violates Lanez’s First and Fourteenth Amendment rights.

On Monday (Oct. 28), Alex Spiro confirmed that the firearm and its magazine are still in Los Angeles Police Department’s custody, refuting the filing that argues “failure to produce and preserve evidence” justifies vacating the singer’s 10-year prison sentence. 

The DNA analysis from the trial revealed that Lanez could neither be included nor excluded as a DNA contributor on the gun, though he was excluded from the magazine’s DNA. His defense argued during the trial that Lanez’s DNA should have been identifiable if he had fired the gun five times. Still, prosecutors focused on a larger body of evidence, referring to it as a “bucket of evidence” rather than relying on DNA results alone, Cuniff reported.

Lanez was convicted in December 2022 for shooting Megan Thee Stallion in the feet after an argument in 2020. His sentence of 10 years stems from multiple felony convictions, and he remains incarcerated as his appeal progresses. The court expects a response from the California Attorney General’s Office regarding his latest appeal by Nov. 20.