wjh2657

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.

__________________
" A man has got to know his limitations!"
Inspector Harry Callihan, SFPD

yourbestdefense

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.

rtroha

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.

wjh2657

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.

__________________
" A man has got to know his limitations!"
Inspector Harry Callihan, SFPD

HotGuns

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?

__________________
AR. CHL Instr.

To achieve world government, it is necessary to remove from the minds of men, their individualism, loyalty to family traditions, national patriotism, and religious dogmas.'
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wjh2657

Not just possible, probable. Illegal seizure is determined later in court, don't argue with the LEO about it or you will be in violation of a whole bunch of laws. It can be seized and will go into the evidence chain if seized. right or wrong, good cop/bad cop is not question here. If weapon enters evidence chain (goes to police station) and it simply a misunderstanding of your HCP , how do you( or can you) get the gun back?

__________________
" A man has got to know his limitations!"
Inspector Harry Callihan, SFPD

HotGuns

What I am saying is, that a cop cant just seize your weapon. You either have to be under arrest or he has to think it is illegal for you to have for some reason and if he thinks that then you will be under arrest.

If I took your gun and had no valid reason to do so, I can guarantee you that I wouldn't do it but again once the Sheriff found out.

Entering anything in an evidence locker requires a report. If you have done nothing wrong, no report will be filed. If for some reason, the cop took your weapon illegally because he wasn't familiar with the law, first ask the Chief LEO to look into it. If you aren't satisfied with that, then call a lawyer and have him talk. IF it is a simple misunderstanding, that should be enough.

Notice that I said "should". There are knot heads all around and you may have one. If that is the case, and it goes to court, then, you can stack up the offenses on them and make a few dollars from their ignorance.

__________________
AR. CHL Instr.

To achieve world government, it is necessary to remove from the minds of men, their individualism, loyalty to family traditions, national patriotism, and religious dogmas.'
Dr. G. Brock Chisolm

T Bone

Let's say the weapon was taken and charges were filed. Subsequently, charges were dropped. Therefore, there is no crime, hence no reason for the weapon to remain in PD custody. I know of a case where this happened. A phone call made to the PD property officer (who handles evidence) was made. The fact the charges were dropped, therefore property should be returned was stated. The officer had to verify charges had been dropped, and checked with his superiors, and my acquaintance was told he could come and retrieve his property.

Without a conviction, and the case having been disposed of, there was no legal basis for the weapon to be retained by the PD.

__________________
Regards, T Bone.


"Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety". Benjamin Franklin

wjh2657

I think we can end the thread . HotGuns and TBone have given me the answer I believe I was looking for. No actual charges (which there wouldn't be in this case) means gun has not entered evidence chain and can be returned. ( With a diplomatic enquiry to the proper authority LEO) Thank you. Question was did the weapon disappear into the quagmire of custody. Question answered , and by somebody who does have the LEO experience to know. Thanks to all with good input, I feel a lot more comfortable now.

Question actually arose over how much were we willing to risk for an expensive Carry Weapon when it might be confiscated. I know that a weapon actually used for SD is probably gone forever, but by then it would have earned its keep and I think the loss of the weapon would be the least of my worries.

Again thanks for good answers.

__________________
" A man has got to know his limitations!"
Inspector Harry Callihan, SFPD

jarhead79

For the record, this is definitely a state by state issue. These aren't verbatim quotes, just paraphrasing....

For example, Idaho - Police cannot confiscate a firearm from a citizen unless said firearm is suspected to have been used in the commission of a felony.

Texas - Police can confiscate your weapon for a number of reasons. One being, not notifying immediately of your armed status during a traffic stop or other confrontation.

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