can LEO consficate your weapon

can LEO consficate your weapon

This is a discussion on can LEO consficate your weapon within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Here in Fla it is legal to open carry on your home, where you reside. There are aspects to this but heres my question. I ...

Page 1 of 2 1 2 LastLast
Results 1 to 15 of 29
Like Tree56Likes

Thread: can LEO consficate your weapon

  1. #1
    New Member Array redsox's Avatar
    Join Date
    Jan 2014

    can LEO consficate your weapon

    Here in Fla it is legal to open carry on your home, where you reside. There are aspects to this but heres my question. I had 2 Saint Johns county cops come to my home- no wants or warrants- I would not exit my house, it is legal to use your property as a range in Fla ( provided certain niceties are met) My question is - can LEO take my pistol, with no wants or any legal paperwork, while shooting on my own property? Theyve visited me twice - they park on the street and come up the drive with hands on guns. Ive called States attys , Govenor , next will be a lawyer. Any experience out there? I dont make it a habit of giving my gun to cops while on my own land-Also- no one threatens them and they have no legal reason to be there

  2. #2
    VIP Member
    Array PEF's Avatar
    Join Date
    Aug 2011
    Georgia, w/summers in Pottsylvania

    *That's mongrelized Norwegian for "Sounds like a sticky wicket, you best rely on a Florida attorney and not take legal advice from this board."
    -PEF, Refugee from the Island of Misfit Toys

  3. #3
    Ex Member Array NickBurkhardt's Avatar
    Join Date
    Jun 2013
    Sounds like this guy

  4. Remove Advertisements

  5. #4
    VIP Member Array Welder516's Avatar
    Join Date
    Mar 2013
    Deep legal issues should be between your attorney and you . Not here IMO nothing can be gained by asking questions like this in an open forum for all to see .
    Christian Family Man

  6. #5
    VIP Member Array ccw9mm's Avatar
    Join Date
    Jul 2006

    If nothing else, it sounds a good situation for having your video recording system up and running. Gets clear evidence of your shooting, your being on property, others coming, the claims that get made, etc.

    Ditto on the attorney route. Far better to rely on that, than on random quips from folks you don't know.
    Aceoky likes this.
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
    Explain: How does disarming victims reduce the number of victims?
    Reason over Force: Why the Gun is Civilization (Marko Kloos).

  7. #6
    Senior Moderator
    Array gasmitty's Avatar
    Join Date
    Jun 2007
    Gilbert, AZ
    You'll get opinions here, but none are them are worth any more than what you've paid for them.

    Delve into your state, county and town statutes about your activity - do your homework. Perhaps visit the PD or at least call and ask the Chief if anyone has complained, and if so, how the situation can be set right, assuming you're not in actual violation of any statutes or ordinances. My opinion? Refusing to come out of your house and at least talk to the gendarmes looks like you have something to hide.
    AZCDL Life Member
    NRA Patron Member
    NROI Chief Range Officer

  8. #7
    VIP Member
    Array 1MoreGoodGuy's Avatar
    Join Date
    Oct 2012
    Moving - PM me if you want to know where
    Hire a qualified attorney.
    NRA Life Member
    GOA Life Member

    Moving to a new location

  9. #8
    Senior Member Array 1911_Kimber's Avatar
    Join Date
    Feb 2012
    Get attorney advice.. That being said.. LEO can only confiscate based on legality, broken law.. As little as disturbing the peace.
    "The world is filled with violence. Because criminals carry guns, we decent law-abiding citizens should also have guns. Otherwise they will win and the decent people will lose."

    -James Earl Jones

  10. #9
    Distinguished Member Array cn262's Avatar
    Join Date
    Aug 2012
    SE Wisconsin
    My uncle is a retired detective, and years ago gave me his "Top 5 tips for honest people." While not legal advice, it always seemed to be good common sense.

    1. Always be respectful of a LEO but never be intimidated.
    2. When told to do something always politely clarify whether it is an order (where you should comply) or a request.
    3. Never invite a police officer into your house if asked - they're just fishing.
    4. Never leave your house if asked (only when ordered) because you lose some rights.
    5. Assume that there are no innocent questions, so never volunteer information when responding.

    His last bit of advice was that if ever in doubt call an attorney, and do that sooner rather than later.

  11. #10
    Senior Member Array 19Kvet's Avatar
    Join Date
    Oct 2013
    Can LEO confiscate your weapon? YES absolutely, you see they have the physical traits required to do so, therefore they CAN do it. Whether or not they MAY is a legal matter best discussed with a lawyer familiar with your local gun laws.
    David Armstrong likes this.

  12. #11
    VIP Member Array patri0t's Avatar
    Join Date
    Mar 2013
    Retired to the Heartland
    I tossed a couple yokal LEOs off my porch once for:
    1. Waking me up from a much, much needed nap (long shift).
    2. Complaining about how a car was parked (across the street with a flat tire)... son's clunker & not my problem.

    I was hot, chewed 'em out terrible, called them incompetent, and told 'em there were two ways to leave...their call (no bluff). They left and never returned.
    Later, I felt kinda bad about abusing them so badly. Not at all like myself, just seriously sleep deprived.
    I had told the kid twice to do something with his MV. I still wonder why they didn't impound the thing... wished they did.

    Don't think they knew I was a trooper, but I was well within the law... and NOT in FL.
    Your post doesn't give enough info for a qualified lawyer to comment on. Most reputable law firms give free consultations, if you are considering legal action.
    Aceoky and Ianthin like this.
    Retired Deputy- State Trooper (38 long years) 8 yrs RTO - MS Degree- Criminology
    Gun Control measures are Unconstitutional Infringements. Period.
    "...He that hath no sword, let him sell his garment, and buy one"- Luke 22:36

  13. #12
    VIP Member Array Chaplain Scott's Avatar
    Join Date
    Mar 2009
    Did they give it back? If "Yes" then it was not "confiscated."

    Case law allows officers to temporarily take control of/secure your weapon if they detain you (meaning you are not free to leave/walk away), for the duration of the encounter (this is for Officer safety).

    They are allowed to "detain" you only if they suspect that a crime has been, is being, or about to be committed. (a law has been potentially broken).

    As others have said, talk to a good local attorney.
    Ianthin, USM1976, Aceoky and 2 others like this.
    Scott, US Army 1974-2004

    Freedom is never more than one generation away from extinction. It must be fought for, protected, and handed on or one day we will spend our sunset years telling our children what it was once like in the United States where men were free.
    - Ronald Reagan

  14. #13
    Distinguished Member
    Array manolito's Avatar
    Join Date
    Feb 2013
    Milford California
    I understand what you are saying and how you feel. Being Dead right is not any good for you and doesn't hurt the enforcement that kills you. Yes they can take your guns. Ask Randy Weaver they killed his son and wife and his children and he won 1,386,000.00 in settlements. The sniper who killed the son went on to be promoted and was in charge at WACO.

    My guess is you need to ask for your weapons back not defend your right to the death in your home. Does this sound like a coward? Not in my book I will pick the time and place to make a stand and the odds in town in a house made to keep rain out not bullets is not the place. Your wife there is not the time. Keep safe and drive a new truck paid for by the mistakes of the police force. Some very good attorneys will work for a piece of the action.
    NONAME762 and Ianthin like this.

  15. #14
    VIP Member Array RightsEroding's Avatar
    Join Date
    Oct 2012
    Your post is missing about 98% of information needed to even render a NON-legal opinion.

    Lawyers do not get you out of trouble; they keep you out of trouble.
    Aceoky likes this.
    "When those who are governed do too little, those who govern can, and will, do too much." Ronald Reagan

    Do what you can; then do what you must

  16. #15
    Distinguished Member Array SCXDm9's Avatar
    Join Date
    Jun 2012
    Columbia, SC
    Why did they come to see you?
    Things gun forums have taught me:
    -Some people shoot guns others "run" them.
    -I don't dislike Glocks but often dislike Glock owners.
    -Open carry is to a handgun as bluetooth is to a cell phone!
    -Simple math can deliver posts per day... some gun forum members need to get out more!!!

Page 1 of 2 1 2 LastLast

Sponsored Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts