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 ...

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Thread: can LEO consficate your weapon

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    New Member Array redsox's Avatar
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    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


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    Uff-da.*

    *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, a Framer with a Steelie...
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    2. Never let the muzzle cover anything you are not willing to destroy.
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    Senior Member Array NickBurkhardt's Avatar
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    Sounds like this guy


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    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 .
    Member of the NRA
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    VIP Member Array ccw9mm's Avatar
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    redsox:

    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?
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    NRA, SAF, GOA, OFF, ACLDN.

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    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.
    Smitty
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    Hire a qualified attorney.
    Regards,
    1MoreGoodGuy
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    Behave Like Someone Who is Determined to be FREE!

  8. #8
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    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."

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    Senior Member Array cn262's Avatar
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    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.

  10. #10
    Senior Member Array 19Kvet's Avatar
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    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.

  11. #11
    Senior Member Array patri0t's Avatar
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    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 State Trooper (40 long years) 8 years State Range Instructor - BS Degree- Justice, MS Degree- Criminology
    All forms of Gun Control are Unconstitutional / Illegal and beyond the scope of the US. Supreme Court.
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  12. #12
    Distinguished Member Array Chaplain Scott's Avatar
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    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.
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    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.

  14. #14
    Distinguished Member Array RightsEroding's Avatar
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    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.
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  15. #15
    Distinguished Member Array SCXDm9's Avatar
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    Why did they come to see you?
    Things gun forums have taught me:
    -Some people shoot guns other "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!!!

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