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Concealed Carry Issues & Discussions Discussion regarding concealed carry licensing, issues, methods of concealment, etc.

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Old September 17th, 2008, 02:59 AM   #31
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Originally Posted by wjh2657 View Post
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.


What about old guns that are grandfathered in? Like perhaps a pistol that your father passed on that you have no real proof of ownership of having....

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Originally Posted by rtroha View Post
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.
Anyone remember a person on here posting about his gun getting taken away...he got it back in fine shape, but the PD would not give him the ammo that it had been loaded with it. I didn't get a response to my inquiry, but it was someone along the lines of insisting that that is common theft.
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Old September 17th, 2008, 03:16 AM   #32
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Any time property is taken you should get a property reciept for it. Unless it is not your property. If property is taken ask for a reciept. Always check with the property/evidence section before going to get any property, to see what ID or information they need.

Unless the law states (and most do) that seized firearms used in a crime that the owner was convicted of become the property of the state and can be destroyed or used by the department.

The requirement of the state law must be met (evidence in criminal conduct) It must belong to the suspect, (a stolen firearms would be returned to the rightful owner) or you must have a court order requiring the forfeit ie Restraining order /DV issue

We have given firearms back to persons that were convicted of misdemeanors such as concealed carry violations. We had a guy carry concealed unlawfully and the firearm belonged to his wife and was passed down from her family. She got the firearm back after the conviction. He just paid a fine. I had another guy that as part of the plea bargain he got his firearm back.

There is not any one rule that applies. Check with your state attorneys office for your state law.
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Old September 17th, 2008, 03:53 PM   #33
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Originally Posted by jarhead79 View Post
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.
In Texas, if you are stopped you must immediately notify the officer that you have a CHL and are armed. They can disarm you for their own safety at their discretion. However, if they do not arrest you, they must return your firearm to you when the traffic stop is over.
FWIW, I have been stopped twice while carrying. In neither case did the officer disarm me, they simply asked where I was carrying. I also did not get a ticket in either case. One stop was for going 72 in a 65 zone, and the other for going about 80 in a 60 zone. In the latter case, I was stopped by an Austin police officer. Georgetown police had just called to tell me that they were listing my daughter as missing, as they had found her broken cell phone in a park and could not locate her. I was rushing back to Georgetown when I was stopped. The Austin police officer was very professional, courteous, and understanding, and I'm sure it was probably a bit more stressful than a typical stop, as I was actually shaking a bit as I talked to him. He let me explain the situation to him and then quickly let me go on my way. Fortunately, my daughter was okay. Her cell phone apparently fell out of her purse at the park and she hadn't noticed.
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