Happened in TX, I'm sad to say

[Smoke]

Link to news network: http://www.myfoxdfw.com/myfox/pages/News/Detail?contentId=3572773&version=1&locale=EN-US&layoutCode=VSTY&pageId=3.2.1

Seems a critter (nod to Lawdog) was stealing a bunch of jewelry from an apartment complex. Neighbors seen man fleeing and try to stop. One neighbor fires a "warning shot" into the air. Critter stop and is detained. Cops arrive. Critter carted off.

Now, with out getting into the argument about 'warning shots", it seems that the polcie are saying "defense of property with a handgun is not allowed" (a view that is grey in TX penal code). The lawyer interviewed said he "could not find fault with the actions of the neighbor, considering the outcome."

Now since the heighbor who fired the gun was not ticketed, and the lawyer, could not find fault, why did the cops confiscate his firearm?

Anyone?

Smoke

 

[Outlaws]

Now since the heighbor who fired the gun was not ticketed, and the lawyer, could not find fault, why did the cops confiscate his firearm?

Hold up, did they actually confiscate it, or is he waiting to get it back? Please provide a link either way.

 

[General Geoff]

Hell if I know. If there was no charge filed, then they can't legally hold his firearm.

It's my understanding that you CAN defend property with lethal force in Texas, as long as the altercation occurs on your property.

 

[Sindawe]

Now since the heighbor who fired the gun was not ticketed, and the lawyer, could not find fault, why did the cops confiscate his firearm?

First guess (municipal code and laws aside)...

One neighbor fires a "warning shot" into the air.

Reckless discharge of a firearm. Firing into the air is a NO-NO. No telling WHERE the round will come to earth and who might be in the way. If one just HAS to fire off a warning shot, direct into the ground at least.

 

[Crunker1337]

They're probably coming up with a reason for their actions right now. Though firing a warning shot into the air is dangerous (though it doesn't say where he fired the shot), it doesn't necessarily warrant confiscation.

 

[Optical Serenity]

You don't necessarily have to file a charge to confiscate property. Every state has different laws, but, there are certainly many stipulations to it.

 

[Wynterbourne]

Speaking from personal experience, Texas LEO do not have to charge you with a crime to confiscate your weapon. Further, said weapon does not have to have been utilized in any fashion if they feel it should be confiscated for "reasons of safety." It took me 3 months to get one of mine back from the Fort Worth Police Department with no charges filed.

 

[Crunker1337]

But what about the Fourteenth? No one shall be deprived of property without due process?

Smells unConstitutional to me.

 

[wjustinen]

New Jersey?

Smells unConstitutional to me

You sound surprised that officials might do something unconstitutional. That surprises me given the NJ treatment of 2A.

 

[Crunker1337]

LOL true, but laws seem to generally respect the Constitution besides 2A... guess that's not the case.

 

[Double Naught Spy]

The gun was likely confiscated pending the investigation. YES, they can confiscate a gun without charges being filed. It does happen as in self defense shootings where the shooting appears legit, but the gun is still taken for ballistic testing to verify or substantiate that the bullet in the suspect was fired or likely fired from the good guy who shot in self defense and against whom no charges are being filed at the time of confiscation.

Of course Crunker, it would be better your way. The guy could be arrested for various charges such as reckless endangerment for firing into the air and his gun confiscated to boot. All self defense shooters would have to be arrested so that their guns could be confiscated for ballistic tests. Wouldn't that be sweet?

 

[Frog48]

Speaking from personal experience, Texas LEO do not have to charge you with a crime to confiscate your weapon. Further, said weapon does not have to have been utilized in any fashion if they feel it should be confiscated for "reasons of safety." It took me 3 months to get one of mine back from the Fort Worth Police Department with no charges filed.

Been there, done that with the San Antonio Police Department, with no luck. Many years ago when I was still living with my parents, the police came out to the house because of my little brother, and for whatever reason they asked if there were guns in the house, and mom told them that I have a shotgun. I dont know why they felt the need to take it, since it wasnt my brother's. I was out of town for the weekend, so there wasnt anything I could do, and my mom claims that they didnt give her a receipt. My mom wasnt smart enough to ask the officer for a business card or badge number either (she's pretty naive).

Well, I never got it back. I tried to track down where it would have been taken, and filed complaints with the department, to no avail. They claim they have no record of it. I finally gave up, because it just wasnt worth the time involved for a $150 Mossberg.

I have a gut feeling that it ended up going home with the officer. For all we know, he might pull this stunt regularly, unnecessarily confiscating guns for personal gain, just because he can get away with it. Either that, or he's just ideologically opposed to private ownership of firearms.

 

[damien]

Speaking from personal experience, Texas LEO do not have to charge you with a crime to confiscate your weapon. Further, said weapon does not have to have been utilized in any fashion if they feel it should be confiscated for "reasons of safety." It took me 3 months to get one of mine back from the Fort Worth Police Department with no charges filed.

I know that this does not pertain to people of limited means, but this is a good reason not to have one gun or two guns but several guns. Personally, I have many guns. Take away the 442 and there is a PM40 to replace it. Take away the PM40 and there is a Colt Mustang to replace it. Take away the Colt Mustang...

 

[gunsmith]

I'll tellya why

why did the cops confiscate his firearm?

Because he was shooting in the air.
Was the air attacking someone?

My warning shot is C.O.M just like the 2nd warning shot, the 3rd one is in the noggin.
It has been reported critters stay warned after these 3 warning shots.