This has never happened to me, but I would like to know what information you are entitled to if an LEO confiscates your CCW weapon, especially when one does so unreasonably. Examples could include a police officer who does not appreciate CCW and finds you are legally carrying a weapon during a routine traffic stop, or perhaps one who confiscates your weapon when he asks for your CCW and does not realize that your state has reciprocity with his, etc, etc. I would like to be prepared just in case this were to ever happen to me or anyone I know.
What information should you get from an LEO if they are confiscating your weapon?
- Thread starter JLStorm
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glockman19
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Time, Date, Name and Badge number. Ask for a reciept. I'd also make a police report at the station unless you were arrested which is likely to happen if the gun is confiscated.
gunsmith
member
I had one confiscated
in 1999 when I was fairly new to this whole thing.
the guy whose house I was renting a room in started taking speed, got paranoid and the cops used some lame CA law that said they can confiscate for a cooling off period of three days.
A year later I learned it was for DV only which was not the case.
I should have sued them.
I got the gun back in three days and moved out.
in 1999 when I was fairly new to this whole thing.
the guy whose house I was renting a room in started taking speed, got paranoid and the cops used some lame CA law that said they can confiscate for a cooling off period of three days.
A year later I learned it was for DV only which was not the case.
I should have sued them.
I got the gun back in three days and moved out.
in Wichita, KS the badge numbers don't mean anything. They are issued a badge and the number is written down next to their name, but it isn't how they ID policeman. Well, that's what a policeman told me once. he then gave me his BUSINESS CARD that said Wichita PD, his name, phone number and ext....as well as his sargeants extension. He also said that "A name is usually a better idea than a badge number" makes sense, they can always look up officer "Joe Smith" who patrols beat 31.
Neo-Luddite
Member
Unless you are being arrested--and even if you are depending on the circumstances--you should get a signed receipt w/ a brief description of the weapon (model/serial). It could be written on a matchbook if no form is around. I'd be polite when asking but it is well within the officer's best interests to provide you with one.
You may never see the weapon again or be compensated for it, but the judge will be the one to decide that if push comes to shove.
I had a BB gun confiscated when I was in college thanks to a roomate's goofing around. He got arrested, and I got a receipt. The judge said the offending Daisy was forfeit to the state.
The officer had been nice about it---he let me pop the scope off the thing before handing it over and writing out the receipt--it was worth double the cost of the 30.00 air rifle.
You may never see the weapon again or be compensated for it, but the judge will be the one to decide that if push comes to shove.
I had a BB gun confiscated when I was in college thanks to a roomate's goofing around. He got arrested, and I got a receipt. The judge said the offending Daisy was forfeit to the state.
The officer had been nice about it---he let me pop the scope off the thing before handing it over and writing out the receipt--it was worth double the cost of the 30.00 air rifle.Nio
Member
With very rare exceptions, LEOs cannot confiscate *legal* property in your posession unless you are under arrest. There is some case law on that, but I'm too lazy to look it up. Maybe one of the lawyer types has a handy reference.
Nio
Nio
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748
member
Get some legal NFA guns, if the cops take them with out good reason, say just be cause they thought they could or they wanted to be a bully they could get a nasty visit from the ATF. I have heard plenty of storys of cops just taking crap form people for no real reason.
You could register a pistol to be a short barrel rifle, you don't have to keep the "stock" or second grip on it all the time.
You could register a pistol to be a short barrel rifle, you don't have to keep the "stock" or second grip on it all the time.
Molon Labe
Member
If you believe your gun was unjustly confiscated by LE, go to the station the following day and file a theft report. I am serious.
SMMAssociates
Member
Very many years ago I was in a situation where my sidearm (in-uniform, rent-a-cop) was about to be confiscated due to some goofyness at the PD.
VERY long story; we'd been commanded to change uniform colors and I wasn't able to for that particular night.
I knew one of the Officers, and asked for a receipt.
The two of them thought about it and returned my gun....
By today's standards, it would have been a non-problem, but back then they realized that their names on the receipt would be very dangerous to their careers and wallets if I had a problem getting it back.
Short answer is to get a receipt with the name, address, and phone number of the PD, as well as the name and badge number of the Officer(s). File an Armed Robbery report if you don't get it. Odds are that some "higher" Department will have somebody who doesn't like them....
DO NOT do that, if you even think you deserved the confiscation, without consulting a lawyer. But DO get the receipt, if possible.
Regards,
VERY long story; we'd been commanded to change uniform colors and I wasn't able to for that particular night.
I knew one of the Officers, and asked for a receipt.
The two of them thought about it and returned my gun....
By today's standards, it would have been a non-problem, but back then they realized that their names on the receipt would be very dangerous to their careers and wallets if I had a problem getting it back.
Short answer is to get a receipt with the name, address, and phone number of the PD, as well as the name and badge number of the Officer(s). File an Armed Robbery report if you don't get it. Odds are that some "higher" Department will have somebody who doesn't like them....
DO NOT do that, if you even think you deserved the confiscation, without consulting a lawyer. But DO get the receipt, if possible.
Regards,
nvshooter
member
I agree with Molon Labe. Unless you are committing a crime or are not legally permitted to possess a gun, then to have a cop take one off you is theft.
Powderman
Member
First of all, a police officer who values their livelihood had better not even THINK about confiscating a legally owned firearm unless:
a. A crime has been committed involving the firearm, or:
b. As a result of an Order of Protection, stating specifically that firearms are to be removed by police.
In each case, a receipt (property form) MUST accompany the firearm.
I can't tell you about other States, but here in WA State, the firearm MUST be returned to the legal owner (if they are legally entitled to retain it) at the conclusion of Court proceedings or adjudication.
In this State, confiscation from a legal CCW holder had better NOT happen. If so, contact the Department IMMEDIATELY, as well as the State Attorney General's Office.
a. A crime has been committed involving the firearm, or:
b. As a result of an Order of Protection, stating specifically that firearms are to be removed by police.
In each case, a receipt (property form) MUST accompany the firearm.
I can't tell you about other States, but here in WA State, the firearm MUST be returned to the legal owner (if they are legally entitled to retain it) at the conclusion of Court proceedings or adjudication.
In this State, confiscation from a legal CCW holder had better NOT happen. If so, contact the Department IMMEDIATELY, as well as the State Attorney General's Office.
target1911
Member
The FIRST thing I would do if a LOE wanted to take my weapon is ask for thier superior Officer to come to the scene. I have been told by LEO that in the State of Texas, if you ask for thier Sarg. to be present, it is the Law that they must get one there before any thing else can be done....other than put cuffs on you....
I have only confiscated 4 guns as an LEO in 8years. I know of no officer who has confiscated a weapon for no reason. If they did they would be in so much trouble they would probably be pulled off the road or fired. The 4 i took 2 had CCWs but were DUI. One was drunk didnt have a CCW and was threatning to kill everyone in a parking lot one night. He had it in his waistband and i found it while patting him down. 4th was a man who was a passenger with a guy who was driving suspended and was a known meth user. The passenger stated he had a gun and instead of waiting for instructions he grabs it and before he could come up with iwe drew down on him. The driver like i said was a known drug user driving suspended so we didnt know his intentions.He was released as was the driver One week later the same passenger was arrested with several grams of meth his gun was taken at that time and he was arrested. All were given receipts. Two forms have to be filled out when this is done. Multiple copies of both forms and receipts are given to the Sheriff and investigators. Description of firearm along with serial numbers model,make,caliber,location found,ammo along with how many rounds taken are also documented. Owner or possesor's info including address ,DOB, all info on the car they were driving owner of that vehicle. The owner then signs off on the receipt. Also all copies of charges,arrest reports, citations are also attached to these reports and given to Sheriff and same copies to investigators. Then a property sheet is also filled out logged with time , who its handed over too,time they receive it They sign off and it's put into a property locker. Also your immediate supervisor signs off on everything to make sure everything is done correctly.All info regarding the confiscation is on the receipt. Officers name,the number to the SO. The number to investigations,time date,location of stop,etc.
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