Can a policeman "confiscate" your gun if you don't have a receipt?

[40caloldtimer]

Nope.

They can take it and run the serial to check stolen, but the only way they can take it and keep is if it is evidence in a crime. IE, you are in handcuffs.

No need for a receipt of anything. Not a bad idea, but definitely not a legal necessity.

I keep the bill of sale in the glovebox for my truck glock every other gun was bought by me and yes a LEO checks it against the NCIC to make sure it was not involved in a crime or stolen or you just shot your babies momma with it

 

[FishingBack]

I don't keep receipts. If a cop ever tries to illegally confiscate my weapon I'll go down yelling "MOLON LABE!"




(joke, for the slow ones)

 

[Kraut]

Nope.

They can take it and run the serial to check stolen, but the only way they can take it and keep is if it is evidence in a crime. IE, you are in handcuffs.

No need for a receipt of anything. Not a bad idea, but definitely not a legal necessity.

Lots get "taken for safekeeping" when there have been domestic issues in the household, or someone has gone off in the ambulance with suicidal ideations. They only go into property, they don't "disappear" like some suggest happens in New Orleans, but depending on the circumstances they were taken under the owner may have to wait up to 60 days to get the firearm back as policy is written. Not commenting on whether such practices are proper, just that there are circumstances other than arrest when law enforcement might take your weapon(s).

I had one supervisor that demanded any gun that was in a vehicle someone was arrested out of was to be taken and entered into property for them to reclaim later (traffic or DWI arrest, court attachment, whatever the offense and no matter there was no criminal involvement of the gun). His reasoning was that anyone might break into the vehicle after we had secured it and steal the gun and use it in a robbery or to kill someone, and that would be bad since the police had been "in contact" with it and left it in the car. The argument that anyone could steal it any other time the owner left it in the car made no difference to him, nor the fact that we didn't take knives from cars, nor did pointing out that the vehicle inventory sheet we have people sign off on has a box to check for "firearm", so they could willingly agree to have it left in the vehicle. I got tired of arguing with him over it and began going a little further in assisting people with getting someone to come pick up their vehicle, weapon included, rather than leaving the vehicle parked/secured. The time I spend waiting for someone to get there is usually no more than the time it takes to package and enter the gun into property, so no net loss for me.

 

[Manimal]

As with anything, legal or not, it's up to officer discretion.

You can have anything you own taken from you by Law Enforcement Agencies, justified or not, based on their discretion, and you may or may not get them back, no matter the legal or vigilant route you take to recover said items.

I can have my car impounded b/c someone suspects my papers, or tags, or VIN, or whatever, of being fraudulent...and I'm screwed until someone above them lets me come get it, or until I prove ownership/disprove fraudulent charges in court. They may lose their job, or get a bitching, but they can still do it.

Yes, they CAN take your guns from you, for whatever reasons they want, and there's nothing that you can do about it in the moment. If you're lucky, in the case of firearms, you might get it back.

Like Red Jacket said...sometimes you don't get them back...sometimes some detective or ranked officer just feels like taking your illegally confiscated gun and making it his personal gun...and if they know the right people there's just nothing you can do about it.

 

[crazy white boy]

Guns

Had my Glock 40 taken a while back by a local sheriffs deputy I complied and later the charges were dropped went to recover my pistol and when I got it back instead of my 15 round mag I now had the honor of owning a 10 round mag for a Glock 40 called the Sheriff and of course reported this and no one seems to know how this happened it just so happened the clip that I now own even has initials on the side of it but it is all still a mystery. Not worth going to war over a 30 dollar mag but does make your blood boil to know that thieves wear badges as well and get away with it.

 

[madmax4x4]

Had my Glock 40 taken a while back by a local sheriffs deputy I complied and later the charges were dropped went to recover my pistol and when I got it back instead of my 15 round mag I now had the honor of owning a 10 round mag for a Glock 40 called the Sheriff and of course reported this and no one seems to know how this happened it just so happened the clip that I now own even has initials on the side of it but it is all still a mystery. Not worth going to war over a 30 dollar mag but does make your blood boil to know that thieves wear badges as well and get away with it.

That's so the cop can shoot someone with your prints on the shells

 

[dantheman]

Had my Glock 40 taken a while back by a local sheriffs deputy I complied and later the charges were dropped went to recover my pistol and when I got it back instead of my 15 round mag I now had the honor of owning a 10 round mag for a Glock 40 called the Sheriff and of course reported this and no one seems to know how this happened it just so happened the clip that I now own even has initials on the side of it but it is all still a mystery. Not worth going to war over a 30 dollar mag but does make your blood boil to know that thieves wear badges as well and get away with it.

That was a cop bashing post if I ever saw one . You're in trouble now .

 

[Troy47]

I got pulled over for speeding by a state trooper, told him i had a gun in the console , he showed little concern and did'nt remove it from my car.

 

[sraacke]

Something else to worry about...
My Dad told me stories of how he and/or his fellow police buddies used to remove firing pins from guns they confiscated and filed them down before returning them to the owners. Certainly the guns belonged to some bad people but rendering them inoperative is a little more than I would take the time to do. Apparently it wasn't a one time thing.
Lesson here, after the LEOs dig your pistol out of the evidence locker take it to a range and test fire the thing.

 

[Nolacopusmc]

Something else to worry about...
My Dad told me stories of how he and/or his fellow police buddies used to remove firing pins from guns they confiscated and filed them down before returning them to the owners. Certainly the guns belonged to some bad people but rendering them inoperative is a little more than I would take the time to do. Apparently it wasn't a one time thing.
Lesson here, after the LEOs dig your pistol out of the evidence locker take it to a range and test fire the thing.

I mean really? JFC, that was what, like 60 years ago. Come on dude.

Wile your at it, check you anus to make sure there is not a toilet plunger handle in it. i hear the cops till do that too.

Phone book, rubber hose...wait, that does happen.

 

[madmax4x4]

I mean really? JFC, that was what, like 60 years ago. Come on dude.

Wile your at it, check you anus to make sure there is not a toilet plunger handle in it. i hear the cops till do that too.

Phone book, rubber hose...wait, that does happen.

 

[sraacke]

I mean really? JFC, that was what, like 60 years ago. Come on dude.

Wile your at it, check you anus to make sure there is not a toilet plunger handle in it. i hear the cops till do that too.

Phone book, rubber hose...wait, that does happen.

I'm just passing on one of the many war stories my Dad told me after he retired. It wasn't that long ago either. He retired in the mid '90's so not more than 30 years ago they were doing it.

 

[Snookie]

I got pulled over for speeding by a state trooper, told him i had a gun in the console , he showed little concern and did'nt remove it from my car.

Just Curiois Sir:

Why would you tell the PO PO you had a gun in the console???

 

[BUSTER48]

Spanky,
Why don't you tell us what you really think. I love it when people say what's really on their minds.

 

[BUSTER48]

Just Curiois Sir:

Why would you tell the PO PO you had a gun in the console???

If you have a CCP you are obligated under the law to inform any LEO who has detained you.

 

[sraacke]

If you have a CCP you are obligated under the law to inform any LEO who has detained you.

Only if you are concealing a gun on your person. If it's in the console you don't have to say a thing.

 

[crazy white boy]

Gun

That's so the cop can shoot someone with your prints on the shells

The guy in the evidence room told me they had to keep the ammo I told him to make sure he got them for himself they had 15 Eagle Talons in the clip. I get home and remove the clip and go to reload the gun and find that I now have a 10 round mag with initials on it. I called the Sheriff the next morning and told him what had happened and they checked the evidence tag that said that my gun was checked in with 10 rounds of ammo. I have never owned a 10 round mag so the little snot nosed bastard that was playing tough guy now has a 15 round magazine and 15 Eagle Talons compliments of me. Not my fault they do not make enough money they have to resort to stealing.

 

[Summit_Ace]

I think they might be able to keep your guns in Shreveport. According to the mayor there when you get pulled over your rights are suspended. Also Shreveport police apparently have powers that even the president does not have. According to the mayor.

 

[Summit_Ace]

Only if you are concealing a gun on your person. If it's in the console you don't have to say a thing.

I always tell them. The last thing in the world I need is to have a trigger happy rookie shoot me in front of my wife and kid cause he saw my gun. Tell them you are armed and always keep your hands where they can see them. Better safe then sorry.

 

[Doug.38PR]

Only if you are concealing a gun on your person. If it's in the console you don't have to say a thing.

maybe LA law is written a little different, but in texas if you have a CHL you have to inform them if it is "on or about your person."