Confiscation

This is a discussion on Confiscation within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I have a serious question. What happens if your EDC is confiscated by an LEO who doesn't know the law. Do you get it back ...

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Thread: Confiscation

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    Senior Member Array wjh2657's Avatar
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    Confiscation

    I have a serious question. What happens if your EDC is confiscated by an LEO who doesn't know the law. Do you get it back or does it stay with the law enforcement agency? How do you get it back if it can be returned? I have heard rumors of court orders being required and judges demanding that a real and current reason for carrying be given (being stalked, having been threatened, etc) Forget 2d A rights, we are not talking right to bear arms, we're talking the legal trail for evidence. I need LEO and Attorney types to answer this, not armchair commandos.
    Retired Marine, Retired School Teacher, Independent voter, Goldwater Conservative.

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    If you are not guilty of the crime the officer seized your weapon(most likely a carry related issue) you can get it back , either the PD handing it over or thru the court system if need be.
    While a few PD's may drag their feet , I think this is more the exception than the rule (unless you provoked the situation or antagonized the officer ).
    "In matters of style, swim with the current; in matters of principle, stand like a rock." Thomas Jefferson


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    The laws are different in every state, I'm gonna assume you're talking about TN. A good source of information and reference material is OCDO, go to the TN section of the site. Generally the mods and state researchers know the laws and procedures for their particular states, not just open carry but all gun laws. Here is a link to the TN section of the site.


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    Senior Member Array FlyboyLDB's Avatar
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    As long as you have a Tennessee HCP, then what is the issue? The judge is not above the law. The LEO is not above the law. If you are not committing a crime and they confiscate the firearm AND you have a TN HCP, there is no legal reason you would not get the gun back. And there would be no reason why the LEO would not receive a reprimand - from his superiors or if for some reason it made it that far - from the judge. With a HCP, TN is an open or concealed (your coice) state. If you have a LEO and/or a judge that refuses to adhere to the law - then you would have to hire an attorney. I could see a LEO doing this, but for a judge to uphold it without cause or merit would be purely a short sighted judge. Just do not commit a crime while carrying - like carrying it into a court house.

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    Member Array doobie's Avatar
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    I'm guessing it is a state by state laws...but if you don't get it back file a lost weapons report with the BATFE.
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    Best way to get a law enforcement agency's attention. SUE the crap out of them. Ask for substantial damages. Believe me, they'll be ready to settle before the inks dry. You won't just get your gun back, but damages besides. Don't worry about going to court, it'll never get that far.
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    Senior Member Array wjh2657's Avatar
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    Hey guys, again I am not looking for right or wrong. I'm looking for what the law says, that has nothing to do with right or wrong. I'm going over to the TN Law link.
    Retired Marine, Retired School Teacher, Independent voter, Goldwater Conservative.

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    Can you give some specifics on the event? It really depends on what transpired.
    I would rather stand against the cannons of the wicked than against the prayers of the righteous.


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    Quote Originally Posted by wjh2657 View Post
    Hey guys, again I am not looking for right or wrong. I'm looking for what the law says, that has nothing to do with right or wrong. I'm going over to the TN Law link.
    What you do is you go hire yourself a lawyer, who will know the proper forms to fill out in your jurisdiction to get your gun back.

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    What you do is you go hire yourself a lawyer, who will know the proper forms to fill out in your jurisdiction to get your gun back.
    That might be the quickest way to do it. If its legit, it may not even take that. Sometimes just a laywer talking to the right person is enough to do it.
    I would rather stand against the cannons of the wicked than against the prayers of the righteous.


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    Senior Member Array wjh2657's Avatar
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    Quote Originally Posted by HotGuns View Post
    Can you give some specifics on the event? It really depends on what transpired.
    Nothing transpired, I just want to be aware before any events do transpire. I am looking at a scenario where nothing has been done wrong. An LEO finds out (either through your HCP or by seeing your weapon, TN does have OCC by the way) and takes the weapon from you. You go down to local SD/PD and show your license and now find your gun is in the evidence locker. Now what? Is it worth hiring a lawyer or is the HG gone by-by anyways? A lawyer is going to cost me what the gun is worth or more, in any case. I know the gun is gone if you use it in SD, as it enters permanent oblivion as evidence.
    Retired Marine, Retired School Teacher, Independent voter, Goldwater Conservative.

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    My PD requires that before a firearm can be returned to a citizen, we have to check his criminal history to make sure that he is not prohibited from possessing a firearm and also the citizen must also provide some type of physical proof that that person owned the gun, such as the box it came in, your receipt or 4473 for the gun, etc.

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    A new law just took effect in Ohio on 9/9/08 which gun rights organizations in other states might want to push in their states.

    If a LEO confiscates a gun, he is required to maintain it in the same condition it was in at the time of the confiscation.

    If the owner is forced to go to court in order to get the gun returned, court costs and attorney's fees will be awarded to the gun owner.

    Lawriter - ORC - 2923.163 Surrender of firearm to law enforcement officer.

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    Senior Member Array wjh2657's Avatar
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    Quote Originally Posted by yourbestdefense View Post
    My PD requires that before a firearm can be returned to a citizen, we have to check his criminal history to make sure that he is not prohibited from possessing a firearm and also the citizen must also provide some type of physical proof that that person owned the gun, such as the box it came in, your receipt or 4473 for the gun, etc.
    Thank you. This is the type of answer I am looking for. Procedures are what will determine whether I get the gun back and I am looking for the procedures, like this answer.
    Retired Marine, Retired School Teacher, Independent voter, Goldwater Conservative.

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    I am looking at a scenario where nothing has been done wrong
    If nothing wrong was done, what justification would and LEO have for taking your gun? That would be illegal seizure.

    Illegal seizure is against the law.
    If the LEO ran the numbers on the gun and it came up stolen, then he would take both you and the gun. Otherwise, if a crime has not been committed, he cannot take your gun, or any other property that you have a legal claim too.

    I'm thinking you are worrying too much. Are the LEO's so sorry there that you think this is possible?
    I would rather stand against the cannons of the wicked than against the prayers of the righteous.


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