wjh2657

I have a serious question. What happens if your EDC is confiscated by an LEO who doesn't know the law. Do you get it back or does it stay with the law enforcement agency? How do you get it back if it can be returned? I have heard rumors of court orders being required and judges demanding that a real and current reason for carrying be given (being stalked, having been threatened, etc) Forget 2d A rights, we are not talking right to bear arms, we're talking the legal trail for evidence. I need LEO and Attorney types to answer this, not armchair commandos.

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

rocky

If you are not guilty of the crime the officer seized your weapon(most likely a carry related issue) you can get it back , either the PD handing it over or thru the court system if need be.
While a few PD's may drag their feet , I think this is more the exception than the rule (unless you provoked the situation or antagonized the officer ).

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spooter66

The laws are different in every state, I'm gonna assume you're talking about TN. A good source of information and reference material is OCDO, go to the TN section of the site. Generally the mods and state researchers know the laws and procedures for their particular states, not just open carry but all gun laws. Here is a link to the TN section of the site.


Tennessee - Stories From The States

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FlyboyLDB

As long as you have a Tennessee HCP, then what is the issue? The judge is not above the law. The LEO is not above the law. If you are not committing a crime and they confiscate the firearm AND you have a TN HCP, there is no legal reason you would not get the gun back. And there would be no reason why the LEO would not receive a reprimand - from his superiors or if for some reason it made it that far - from the judge. With a HCP, TN is an open or concealed (your coice) state. If you have a LEO and/or a judge that refuses to adhere to the law - then you would have to hire an attorney. I could see a LEO doing this, but for a judge to uphold it without cause or merit would be purely a short sighted judge. Just do not commit a crime while carrying - like carrying it into a court house.

doobie

I'm guessing it is a state by state laws...but if you don't get it back file a lost weapons report with the BATFE.

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automatic slim

Best way to get a law enforcement agency's attention. SUE the crap out of them. Ask for substantial damages. Believe me, they'll be ready to settle before the inks dry. You won't just get your gun back, but damages besides. Don't worry about going to court, it'll never get that far.

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wjh2657

Hey guys, again I am not looking for right or wrong. I'm looking for what the law says, that has nothing to do with right or wrong. I'm going over to the TN Law link.

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

HotGuns

Can you give some specifics on the event? It really depends on what transpired.

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bae

What you do is you go hire yourself a lawyer, who will know the proper forms to fill out in your jurisdiction to get your gun back.

HotGuns

That might be the quickest way to do it. If its legit, it may not even take that. Sometimes just a laywer talking to the right person is enough to do it.

__________________
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