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

[ScottW]

I'm a law enforcement officer and I've seen a deputy on video at a roadblock chastise a driver for having a handgun in the vehicle when Mississippi law clearly states that the vehicle is an extension of your home and the weapon can be anywhere in the vehicle. This was a poorly trained law enforcement officer chastising a citizen when the officer did not have knowledge of what he was talking about. I've arrested police officers, taken a handgun & badges from a Trooper, and even removed a Sheriff from office. Since I have worked public corruption for 20 years, nothing surprises me. All people are prone to make a mistake, and law enforcement officers are great people, some just are not aware of how some of the laws apply. I look at it like this, the 2nd Amendment gave citizens the right to keep and bear arms and that right shall nor be infringed. Any questions?

 

[bearfutedninja]

the only time i tell them is if they ask if i have any weapons. other than that they dont need to know

 

[Sin-ster]

I always hand them my CHL with my driver's license when approached in an official capacity. IIRC, as part of my training class (I am a Florida resident with Florida license and CHL), we were instructed that we were obligated to do so in those circumstances.

The first time, I was in Florida, cruising around in my old car that I had just gotten back from the shop. As it sits in storage most of the time, the registration tags had not been put on and I was stopped. It was not the best part of town and apparently, there had been a shooting in the past hour fairly nearby. Flashy car, younger guy driving alone and the expired tag brought three officers to the scene and they were very... thorough. Long story short, they got me out of the car, located the weapon and made it safe, and when they let me go, they closed it up in the trunk and drove away. When I got home, it took me a few minutes to find the round that had been in the chamber-- stupid thing rolled into the spare tire well.

The second time was about a year ago in Slidell. I came off of the Interstate and pulled into Taco Bell, unbuckling my seat belt to get out my wallet. As I pulled off with only two blocks to reach my final destination, I didn't put the belt back on. A State Trooper spotted me leaving the parking lot and stopped me just a few feet from my girlfriend's driveway. He asked me to exit the car, but let me sit on my bumper (no pat down, didn't so much as look for the gun) while he wrote up the ticket. Couldn't have been nicer about it, and no hassle at all.

The two situations are very different, of course-- bad tags vs. seatbelt violation, city cops vs. Statie, bad area with recent shooting vs. Gause Blvd. and a Taco Bell stop. Just the same, I had nothing to hide and it really wasn't that big of a deal to anyone involved in either situation, although the Florida boys played it a bit safer.

 

[noob]

I was pulled over a week ago, told him I had a gun on me. Gave him my DL and CWP. He asked if I had "papers" for it. I said, "reciepts?". He didn't reply. The took the gun off me, and took it back to his vehicle. Brought it back 30 minutes later, made me get out my car, open my trunk, and then step away while he threw it in there. I was mad about what happened afterwards, but I kinda don't want to say due to not needing all my buisness out on the internet.

 

[charlie12]

I'm a law enforcement officer and I've seen a deputy on video at a roadblock chastise a driver for having a handgun in the vehicle when Mississippi law clearly states that the vehicle is an extension of your home and the weapon can be anywhere in the vehicle. This was a poorly trained law enforcement officer chastising a citizen when the officer did not have knowledge of what he was talking about. I've arrested police officers, taken a handgun & badges from a Trooper, and even removed a Sheriff from office. Since I have worked public corruption for 20 years, nothing surprises me. All people are prone to make a mistake, and law enforcement officers are great people, some just are not aware of how some of the laws apply. I look at it like this, the 2nd Amendment gave citizens the right to keep and bear arms and that right shall nor be infringed. Any questions?

St. Helena?

 

[charlie12]

I was watching the Lawman show on A&E when the Col. from Jefferson Parish SO took the gun from the 20 yr. old guy and told him he was too young.

I guess in the Colonel's almost 40 yrs. in LE he never read LRS 14:95.8. And it did it for the whole world to see.

 

[posse comatosis]

ScottW said:

Any questions?

How could any reasonable person question that?

 

[flamatrix99]

Wow!

Yeah Geardo is our resident nutcase... Entertaining posts to say the least.

 

[LouisianaRebel]

Got pulled over by state trooper in st.Helena. Had my gun between the seat and console. Forgot to tell him but he saw it and didn't say anything. But he did take my plate.
He did like my sticker though:

 

[tmlowe]

Long story short, they got me out of the car, located the weapon and made it safe, and when they let me go, they closed it up in the trunk and drove away.

Good thing he made it safe, we all know how those guns like to shoot themselves at cops

 

[Sin-ster]

Good thing he made it safe, we all know how those guns like to shoot themselves at cops

Haha, I was thinking of that when they went to grab it. It was a Colt Commander 1911; "It's cocked and locked!" is what I said, but I was thinking, "Don't plug yourself in the leg and get me in trouble." They pulled me over alongside a highschool, on top of everything else-- extra jinx.

 

[WSM]

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.[/QUOTE

In the United States of America, we have Laws to Protect the citizen against Unlawful Search and Seizure, After reading The Attorney and The LE Officer, I still dont understand why no one, in all the stories and advice given in this thread mentioned that Before Property can be seized from you "John Doe Citizen" a Receipt for said property must be given to that person along with an inventory of what was taken!

http://www.law.cornell.edu/rules/frcrmp/Rule41.htm

(1) Warrant to Search for and Seize a Person or Property.

(C) Receipt. The officer executing the warrant must give a copy of the warrant and a receipt for the property taken to the person from whom, or from whose premises, the property was taken or leave a copy of the warrant and receipt at the place where the officer took the property.

The Law for search and seizure are clear, whether by warrant or by consent to search. Any Law Enforcement Officer seizing property from anyone for any reason has to give/leave the Person a receipt for the property, I wont argue that the receipt comes in different forms, including an arrest report, Incident card, or case no#, But a receipt by be given in lieu of property, The inventory receipt given, should be clearly checked by the recipient of property. If you had a Glock removed from you with a 15 Rnd clip with bullets, then the receipt should clearly indicate a Glock Mod# 15 rnd loaded clip etc......

My second point being this, If a LEO asked me if I had a gun on me, I would feel I were being stopped for reasonable suspicion of a gun related crime, and I feel a reasonable explanation is in order. I can't and don't understand the relavance of being stopped for some minor traffic infraction to reasonably submit to a search. My vehicle is an extension of my home, and no Law Enforcement Officer enters my home for a search without a Search Warrant. Any property removed by a LEO must be accompanied by a receipt, full and detailed, Serial Numbers, Item description, identifying marks of items to be returned to me. Any Item removed from me without proper receipts shall be considered stolen, At which time I'm sure any LEO being in possesion of my stolen property shall be prosecuted under Law for the crimes of Theft or possesion of stolen property, accompanied by Malfeasance in Office. I guess there is a good explanation of why I would rather deal with the State or Federal Police Officer any day of the week over a city, or Parish Officer/Deputy, In its called before a state officer or Federal officer hits the street to practice Law, They've been through Post Certification, Proper Training and know the Law they Enforce, and How the Law became a Law, and why its being enforced to protect who or what, and not being miscronstrued to benefit any Politician.


Always.....Always get a receipt for your seized property, lol unless its contraband, Then I would suggest not asking for a receipt.

Anyways......Hope this helps a fellow Gun Owner who has a Gun in Observation of his/her Second Amendmant Rights.

 

[Nolacopusmc]

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.[/QUOTE

In the United States of America, we have Laws to Protect the citizen against Unlawful Search and Seizure, After reading The Attorney and The LE Officer, I still dont understand why no one, in all the stories and advice given in this thread mentioned that Before Property can be seized from you "John Doe Citizen" a Receipt for said property must be given to that person along with an inventory of what was taken!

http://www.law.cornell.edu/rules/frcrmp/Rule41.htm

(1) Warrant to Search for and Seize a Person or Property.

(C) Receipt. The officer executing the warrant must give a copy of the warrant and a receipt for the property taken to the person from whom, or from whose premises, the property was taken or leave a copy of the warrant and receipt at the place where the officer took the property.

The Law for search and seizure are clear, whether by warrant or by consent to search. Any Law Enforcement Officer seizing property from anyone for any reason has to give/leave the Person a receipt for the property, I wont argue that the receipt comes in different forms, including an arrest report, Incident card, or case no#, But a receipt by be given in lieu of property, The inventory receipt given, should be clearly checked by the recipient of property. If you had a Glock removed from you with a 15 Rnd clip with bullets, then the receipt should clearly indicate a Glock Mod# 15 rnd loaded clip etc......

My second point being this, If a LEO asked me if I had a gun on me, I would feel I were being stopped for reasonable suspicion of a gun related crime, and I feel a reasonable explanation is in order. I can't and don't understand the relavance of being stopped for some minor traffic infraction to reasonably submit to a search. My vehicle is an extension of my home, and no Law Enforcement Officer enters my home for a search without a Search Warrant. Any property removed by a LEO must be accompanied by a receipt, full and detailed, Serial Numbers, Item description, identifying marks of items to be returned to me. Any Item removed from me without proper receipts shall be considered stolen, At which time I'm sure any LEO being in possesion of my stolen property shall be prosecuted under Law for the crimes of Theft or possesion of stolen property, accompanied by Malfeasance in Office. I guess there is a good explanation of why I would rather deal with the State or Federal Police Officer any day of the week over a city, or Parish Officer/Deputy, In its called before a state officer or Federal officer hits the street to practice Law, They've been through Post Certification, Proper Training and know the Law they Enforce, and How the Law became a Law, and why its being enforced to protect who or what, and not being miscronstrued to benefit any Politician.


Always.....Always get a receipt for your seized property, lol unless its contraband, Then I would suggest not asking for a receipt.

Anyways......Hope this helps a fellow Gun Owner who has a Gun in Observation of his/her Second Amendmant Rights.

Your post started off with win, but you managed to rip victory from you own mouth.


You Fail!!!! Full of fail.

 

[posse comatosis]

To answer the OP's question, no, not without probable cause.

It is unconstitutional under the Fourth Amendment to seize personal property without probable cause in order to view serial numbers.

The case is Arizona v. Hicks, 480 U.S. 321 (1987)
http://supreme.justia.com/us/480/321/case.html

 

[Nolacopusmc]

To answer the OP's question, no, not without probable cause.

It is unconstitutional under the Fourth Amendment to seize personal property without probable cause in order to view serial numbers.

The case is Arizona v. Hicks, 480 U.S. 321 (1987)
http://supreme.justia.com/us/480/321/case.html

if that is an AZ case, it would only hold precedence in AZ correct?

 

[dzelenka]

if that is an AZ case, it would only hold precedence in AZ correct?

No. If it is a 4th Amendment case, it is a constitutional interpretation by the US Supreme Court. It applies everywhere.

 

[Nolacopusmc]

No. If it is a 4th Amendment case, it is a constitutional interpretation by the US Supreme Court. It applies everywhere.

OK. I haven't read through the whole thing yet.

 

[dzelenka]

I haven't read it either, but the US Supreme Court would not be interpreting state law so whatever federal issue that they address is controlling precedent until the US Supreme Court changes it. Thus it would be applicable everywhere.

 

[Nolacopusmc]

I haven't read it either, but the US Supreme Court would not be interpreting state law so whatever federal issue that they address is controlling precedent until the US Supreme Court changes it. Thus it would be applicable everywhere.

Just glanced at the Arizona vs. part....

 

[WSM]

if that is an AZ case, it would only hold precedence in AZ correct?

No Sir, This Ruling being a Federal Supreme Court ruling would apply to The United States of America. Remember that all Laws Passed Local, State or Federal, Have to be in Harmony with the United states Constatution, and as parts of the Constitution are challened for Clarity and Understanding, These rulings are ruled upon by the Supreme Court, and are then handed down to us in challenges and decisions Just as the Arizona Supreme Court Decision.

I'm very surprised at this point that someone hasn't formed a legal question just like this topic question and sent it to the Louisiana Attorney General for his decision for clarity. That being said, all Law Enforcement Officers of The state in which the question was issued from, would then honor his ruling, and for clarity purposes enforce said ruling in the manner that it was clarified, By Law, The Attorney General must reply back to the Question in writing, at which time gives his answer legitimacy, and makes it also very Documentable, after making his decision public. I'm sure in the Law Enforcement community, Someone has already submitted the question to The Attorney General, but its not been made public for obvious reasons.