Seizure for Safekeeping?

[dfens42]

"What guns? I lost them all in a tragic boating accident."

 

[Squaregrouper]

This answers my question, "How/When do you get them back?". I suspect it will be even harder if you have anything at all questionable on your record. Anyone that voluntarily does this is a fool. (not calling you a fool, I am sure you learned your lesson)

They make it very hard to get them back, as most people will give up and chalk it up as a loss.

They never said that my toys were going to evidence control. They led me to believe this would be done and over in under an hour. Had they mentioned what was going to happen afterwards, I wouldn't have allowed them to "hold" them.
Remember the fact that I was merely being questioned, never charged, nor handcuffed. Never again.

 

[fred2207]

They never said that my toys were going to evidence control. They led me to believe this would be done and over in under an hour. Had they mentioned what was going to happen afterwards, I wouldn't have allowed them to "hold" them.

Always remember; "the police can lie to you during any investigation and they are not breaking the law----however, if you lie to the police during an investigation, you can be charged with a crime"...

 

[Brooklyn]

Always remember; "the police can lie to you during any investigation and they are not breaking the law----however, if you lie to the police during an investigation, you can be charged with a crime"...

Invoke right to council. then they have to stop lying or at least talking to you..

 

[myright]

Did they inquire about knives, forks, shovels, and baseball bats, and seize them, too?

Or hammers or fists?. They both kill more than guns.

 

[Threeband]

"I didn't lie. I thought he asked if there were any nuns in the house."

"Now that I think about it, it does seem like an odd question..."

 

[shaddydan]

An attorney came to my club and said a trust would keep the police off my guns. If somehow I became prohibited, the guns go to the trustee. If it's a minor, they go to someone else until the minor can lawfully own them. IANAL

 

[adit]

An attorney came to my club and said a trust would keep the police off my guns. If somehow I became prohibited, the guns go to the trustee. If it's a minor, they go to someone else until the minor can lawfully own them. IANAL

Kind of like the LA Clippers.....

 

[daNattyFatty]

Circa 2005 this happened to me.
I had caught my (obviously ex) girlfriend cheating on me and said/yelled some less than kind things to her and went home. An hour later BPD showed up to "talk to me". They asked if they could take my firearms to their vehicle "for safekeeping" while they sorted things out- she obviously told them I had guns. When they left, my firearms left with them.
Once they take firearms in to safekeeping, it is VERY hard to get them back. It took me almost 2 years to get mine back and that was after psych evaluations, producing documentation to prove I owned them, etc. My doctor even wrote a letter that I was not under any psychiatric care or on any medications- she was careful in her wording to not to cross the "liability line".
The kicker is that I was never charged with anything, let alone convicted of anything.

After that incident, I vowed that on duty law enforcement will never enter my home again without a warrant.

Just curious, how did the conversation go? How did they bring the topic up? How did they ask? Was the tone threatening? Etc

Also, and this is not an attempt to monday morning quarterback, but did you decline at any time? If so, were you talked into it with veiled threats of charges or a 2am no knock? Again, just curious and only want to know to satisfy said curiosity.

 

[Publius]

This article is about duping clueless people. "Police suggests" is nonsense to dupe clueless readers. That's like saying a train horn suggests you move off the tracks. Then there are the people duped by the 'safekeeping', when in reality it's a Kafkaesque process to get the firearms back, and meanwhile police traces the gun, runs a ballistic test, perhaps even collects fingerprints and traces those too. In other words, it's like collecting evidence without telling people so.

 

[Doctor_M]

 

[CypherPunk]

I have two thoughts on this...

First, why do so many prohibited persons (half of all seizures, according to the article) possess firearms with impunity?

Second, the ability to transfer and have a handgun permit holder or designated collector take immediate possession would seem like a good reason to argue the removal of the 7-day waiting period.

 

[teratos]

My doctor even wrote a letter that I was not under any psychiatric care or on any medications- she was careful in her wording to not to cross the "liability line".

They will make it tough. What they will want is a note from a doctor saying that you pose no danger. If it isn't worded that way, they won't accept it. I can't do that. I never give an absolute.

An example is clearing patients for surgery. A couple of surgeons I know want the note worded "clear for surgery". I can't do that either. When I see a person for a pre-operative evaluation, I stratify risk. The best I can do is say someone is low risk. Wording matters.

 

[jmike1487]

"What guns? I lost them all in a tragic boating accident."

Haha!!

 

[tony b]

yes sign me up......duh. Where do they come up with these ideas. Please use some common sense when dealing with your rights.
I agree it would be a difficult conversation with the police. My fear is after their suggestion they would call you unstable for not taking their advise and get a warrant and take them anyways.
we will have to see the course this runs

 

[Apd09]

And what is the proper way to decline to answer? I would never lie to a LEO doing his job, but personally would prefer not to tell the truth.

A proper and lawful way is to decline to answer any question without an attorney present. You are NEVER under any obligation at ANY time to EVER answer questions without representation. Your 5th amendment rights are yours at all times and are not just magically granted to you when placed under arrest.

This is info for all conversations with law enforcement, remember the Miranda Warning would state "anything you say may be used against you in a court of law" it does not say "anything you say may be used to exonerate you or prove your innocence in a court of law."

IANAL, just someone who believes in my rights like many others and tries to always comply with the law and those tasked with enforcing it as long as I do not put myself in a bad position.


Sent from a galaxy far, far, away....

 

[jrumann59]

I mean couldn't they just ask to take the wife for safekeeping, I will ask for her back when I am ready.

 

[tony b]

that is a great idea

 

[HiballHiside]

Just curious, how did the conversation go? How did they bring the topic up? How did they ask? Was the tone threatening? Etc

Also, and this is not an attempt to monday morning quarterback, but did you decline at any time? If so, were you talked into it with veiled threats of charges or a 2am no knock? Again, just curious and only want to know to satisfy said curiosity.

Very good question...

 

[Vince55]

If the victim or family member admits to a gun in the home, police can then suggest they take it for safekeeping, a voluntary and temporary seizure backed by state law, police said.

Gotta love this crap. Legalized gun confiscation. They even make it all sound so nice and protective and voluntary too.