Legalities of guns confiscated by LEO

Why three hours to get it home?

Here's a question I've always wondered: what happens when a restraining order gets filed and the police can't find the weapons of the restrained? Here in CA they've got a record of handgun ownership, but that doesn't necessarily mean they're getting handed over... I imagine there are plenty of people who stash their weapons away off their property where they're harder to find. What are the penalties for that? Jail time?

We have a city here in RI that has repeatedly confiscated guns over the years. More often than not the city has been sued. One case a federal judge ordered the chief to return the guns within 24 hours or HE would end up in jail.

We also had cop in nearby MA called Captain Good. He did a public access show. Total a-hole egomaniac. He took a gun from a buyback and was catch and either force to resign or fired. Makes you wonder how many times this happens.

I've often wondered about buybacks. The guns are well recorded but any accessories are fair game I'm sure. I'm much happier now that buybacks are illegal in RI.

In CA, guns are typically given up by the defendant regardless of charges filed or not. The DA says they'll drop charges if they give up the gun/s, and generally, everyone gives up the gun/s even though they didn't have to, they just want the problem to go away. On top of that, you have to file with the DOJ BoF division to get your property back, giving even more money to the state.

Yep, it's theft, we know it and they know it, but until someone changes the system there, they're stuck with it.

Have a great gun carryin' Kenpo day

Clyde

My son got his guns confiscated on a bogus/made up acusation by his ex who was still staying with him. After the DA dropped the phony charges, the judge said he could pick up his guns at the cops evidence locker. Took about 10 tries to make an appointment and they would never call back. Finally I got hold of the evidence clerk who I knew and he arranged it as a favor to me I think.
But he got 'em...dusty and full of labels, but OK.

Here in Abq there was a bit of a scandal involving the evidence room and some folks treatment of the property stored inside.

If you do not get an attorney on it pretty quick you may never see your firearms again. Even if you do, you might end up like one gentleman I met who finally retrieved his Colt Gold Cup slide and frame, the rest of the parts had been exchanged for some decidedly non-Colt items...

A few bad apples is all it takes sometimes.

I would respectfully request that each and every poster before me on this thread read the book "The Great New Orleans Gun Grab". First, it is informational, as to how totally crooked a police force can be. Second, it will tell you how few and nebulous your real rights are, if in a Katrina/New Orleans type of situation. The "law" doesn't mean a damn thing, if the "lawmen" don't want to respect it. Your property, including guns especially, may be up for grabs by the biggest grabber available - be it NOPD, New Mexico State Police (implicated), New York State Police (implicated), or whomever is the "big dog" on site. A sad, but true happening, that is still undergoing legal action to recover the basically destroyed guns that were confiscated - at least those that haven't joined the police "private collections". Assuming that the narrative that is in the book is true (and I believe it to be so), it paints a really dark picture of our "rights", when under extreme circumstances.
sailortoo

Hmmmm. Many people I know own at least one gun that is on permanent loan with a friend for just such an occasion.

guntalk: With due respect (you are miles ahead of me on gun/legal knowledge - I do listen to your program), your "friend" can have your stash gun confiscated, you can have your gun confiscated, all depending on the breakdown of law and law enforcement. Some guns were confiscated while being innocently transported by boat across Lake Pontchartrain. We need more, and more stringent, legal control of law enforcement agencies, as some state statutes, and a sort-of-law by the US Congress, have been recently passed. I did note, that the very last comment in the book "The Great New Orleans Gun Grab" is by the New Orleans Police Commissioner, stating (paraphrased) that the new law preventing the police from confiscating legally owned guns meant nothing to him, that the police force would go ahead and confiscate anyway. And this is called "head of law enforcement"? We do have a problem!
sailortoo

Sailortoo,

I don't disagree with anything you said.

I did note, that the very last comment in the book "The Great New Orleans Gun Grab" is by the New Orleans Police Commissioner, stating (paraphrased) that the new law preventing the police from confiscating legally owned guns meant nothing to him, that the police force would go ahead and confiscate anyway.

Click to expand...

It does mean something: it gives the gun owners the moral (and probably legal) high-ground to shoot them, if it comes to that. Hopefully that will work as a deterrence instead of actually having to be acted out.

However, one lone gun-owner is no match for the police. The police are no match for an organized "neighborhood watch" program. Who knows how it would play out during chaos (but the gun owners have to protect each other or they are toast)

That lawyer that was interviewed in N.O., wearing shorts and no shirt, who said if they tried to take his guns there would be gunfire (and he meant it!); I can't remember his name. They didn't bother him, did they? That's because the N.O. police are just cowardly bullies.

Oh, for heaven's sake!

1. Talk of shooting police officers is WAY over the line.

2. You would end up dead.

3. The *smart* plan is to live to fight it in court.

4. The man in the shorts and no shirt was arrested.

5. See point number 1.

I'm not your mother, but this is not the way to behave in public (talking about shooting police officers).

And once the New Orleans issue was brought up, the thread got way, way off topic.

El Tejon's advice was about the last of the useful info. Guntalk offered some excellent advice.

Enuf.