msgt/ret

This is a case that happened back in 1985 to my roommate when we were both in the Air Force. She had loaned her personal weapon to another squadron member to practice for annual qualification. Later on that same member used the weapon to commit suicide while living in the barracks. As part of the investigation the weapon was confiscated. After the investigation and proving the weapon was hers it was returned by AFOSI. Not sure if it would be that easy in civilian life but that is the way it was handled by the Air Force back then.

SIGguy229

Ummm.....if it is confiscated from the person who is claiming it--why? If a prohibited person, wouldn't they be arrrested? Why does the citizen have to provide proof of ownership? Who keeps a copy of the 4473 of a gun that was an heirloom, transfer between father & son, or between friends? How about returning the property back to the owner if it was improperly seized?

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Patriotic dissent is a luxury of those protected by better men than they

Sacrifice: Congress thinks having to stay late to vote is sacrifice. Ask the Sailor, Soldier, Airman, or Marine meeting his child for the first time what sacrifice means

martyr is a fancy name for crappy fighter

HotGuns

Not really. It depends on where you are at.

We have had two go though our CHL classes that were required to defend themselves. One a had a permit, the other did not.Both were ruled justifiable. Neither one went to court, once the Prosecutor made his determination.

Both of them received their guns back in a matter of days. If you have to shoot and it is ruled justifiable, there is no reason for the police to keep it for anymore time than necessary.

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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

Ram Rod

I got pulled over for a traffic stop in the city of Springdale some years ago......1995 I think. I was then carrying with me in pickup, as any "journey" I took toward the city was 30+ miles, and theoretically speaking, it was specifically worded in law that persons on a 'journey' were allowed that right. I do not want to get into the interpretations and all that here. I had a Colt Trooper Mark IV under the driver's seat, and two speed-loaders in the glove box at the time. Needless to say, the LEO initiating the stop stated that I wouldn't be charged with a weapons violation since I was within the "five step rule" (which I had never heard of but it was explained to me then). The pistol was then confiscated, I was schooled by the officer that my state (Arkansas) had just passed a concealed handgun licensing program and laws, and that I should look into this method in the future. I was also told that I could pick up my confiscated pistol after five days from that city's police department office. This was my one and only pistol I had, and my traveling companion! You know I counted the days! There were no questions asked when I went to pick it up, and the speed-loaders and ammo were still intact---handed to me in a large ziploc bag. I don't think anyone fired it while it was out of my sight, and I imagine they just held it while running all sorts of checks and whatever else they can think of doing to relieve a person of ownership given the right circumstances. It was another five years before I got my CHL in Arkansas. That's my story.

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RamRod-----sans remords

Hillbilly1964

This is not true. Once the matter is adjudicated as self defense, the weapon will / must be returned. You cannot be deprived of lawfully owned personal property without due process. A weapon is only retained as evidence if a conviction of a crime involving the weapon is rendered, and is sold or destroyed after all appeals are exhausted.

mulle46

Not in a domestic violence situation. Weapons get seized all the time here as a result of temporary restraining orders where no arrests are ever made(Civil orders for search and seizure). If the final restraining order is granted against you, then you can't get your weapons back. Just my experience. YMMV.

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You gain strength, courage, and confidence by every experience in which you really stop to look fear in the face. You are able to say to yourself, "I have lived through this horror. I can take the next thing that comes along." . . . You must do the thing you think you cannot do. Eleanor Roosevelt

HotGuns

That is because you live in the Peoples Republic of New Jersey. That sort of foolishness only flys in the Northeast. A restraining order here is just that. We dont get stupid and take guns just because someones wife got upset with them. In the extremely few cases where a threat was demonstatred then and only then are guns taken.

That may be standard procedure in California, but it sure isn't here.

Anyone here that seizes property without justification wont do it for long. FWIW, I seized all sorts of stuff and so far I have a 100% record in court. Every single thing I have ever seized was done so within legal parameters. I know exactly what will fly and what wont and if I have any doubt, guess what, I don't seize anything.

and BTW, I don't drink coffee.

__________________
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

mulle46

Hotguns, I didn't say I agree with the law here in all situations involving domestic violence, as I do think a fair amount of restraining orders are sought more as a sword than as a shield against future occurrences. Just curious, what is a demonstrated threat though? The aggressor saying that they will kill the spouse/boyfriend/girlfriend? Putting a weapon to their head?

__________________
You gain strength, courage, and confidence by every experience in which you really stop to look fear in the face. You are able to say to yourself, "I have lived through this horror. I can take the next thing that comes along." . . . You must do the thing you think you cannot do. Eleanor Roosevelt

Rusty Bouquett

I did specify that "...damned few of them will do it....". I think that takes it out of the "standard procedure" catagory.

cwblanco

The 5th and 14th Amendments of the U.S. Constitution as applied to the States prohibits the government from taking property from you without due process of law. If all else fails you do have an action under 42 U.S.C. § 1983 (civil rights action) for violation of constitutional rights (i.e. taking property from you while acting under color of law without due process of law).

Such a suit would follow only after you have exhausted your ordinary remedies of demanding the weapon back, and your demand being denied up through the ranks of municipal command.

What is great about this statute is that you get attorneys' fees. As a lawyer, that is what I like best, especially if the facts are cut and clear.