The Barr Code Police Run Roughshod Over Lawful Handgun Owner

[Sean]

No good deed goes unpunished — that’s a lesson George Boggs of Fayetteville, North Carolina, learned earlier this month when he voluntarily turned his handgun over to the local police for safe-keeping while he went into the hospital following an automobile wreck. When Mr. Boggs (who maintains a valid concealed-carry permit for the handgun) later attempted to retrieve his firearm, the police said, sorry, we’ve sent it out for ballistics testing and can’t give it back to you yet.

Police Run Roughshod Over Lawful Handgun Owner | The Barr Code

What do you all think? Think the police are aloud to do this? Id like to hear what some Police on here think.

[Guest redbarron06]

Jacked up.

[Punisher84]

I'd be getting a lawyer.

[Guest beefcakeb0]

ooo that would steam me up. but why give to a leo anyways? surely a family member or friend could come.

and WTF at the guy for carrying an unfired possibly valuable firearm? and THEN handing over to a cop ...maybe we should trust them more

[Guest justme]

Police Run Roughshod Over Lawful Handgun Owner | The Barr Code

What do you all think? Think the police are aloud to do this? Id like to hear what some Police on here think.

Absolutely not--they had absolutely no business doing ballistics on his firearm...and he had absolutely no business trusting them to hold it--you don't do that.

if that was me, when I receive the gun back, I would take the barrel out and replace it.

I would also be getting a lawyer, and would work to make sure that any lawsuit included the requirement to destroy all ballistic testing results, as well as seeking as large of a financial damages reward as I could reasonably obtain...

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Edited August 30, 2009 by justme

[TripleDigitRide]

Maybe North Carolina has some law(s) on the book that allow LEO's to do this.

[strickj]

Maybe North Carolina has some law(s) on the book that allow LEO's to do this.

That how I read the story.

So much for property rights. So much for Fourth Amendment guarantees against unreasonable search and seizure. And so much for being a good citizen. When it comes to firearms, many law enforcement agencies believe they can do pretty much whatever they want, whenever they want, to whoever they want.

That need not apply when you willingly hand over the property.Dumbass!

[Guest bkelm18]

That how I read the story.

That need not apply when you willingly hand over the property.Dumbass!

+1

Kinda hard to call it illegal search and seizure when you GIVE them the thing to begin with.

[Guest HexHead]

There's a long thread on The High Road about this story. No, there's no NC law about it, it''s just that department's "policy". It wasn't a high priced gun, just a Taurus, but the owner hadn't fired it yet. He's a 70 yr old retired Army Sergeant.

Still sounds to me like the cops have overstepped their boundaries.

[Guest bkelm18]

Maybe he should have inquired about this prior to entrusting his firearm to them?

[Punisher84]

Maybe he should have inquired about this prior to entrusting his firearm to them?

While I agree to an extent, just because I ask you to take care of my car for the weekend doesn't give you the right to go racing in it. That's my view on it anyway.

[Guest HexHead]

Maybe he should have inquired about this prior to entrusting his firearm to them?

I'm sure it never dawned on him that he couldn't trust the cops with his gun and they'd try and screw with him.

[DaveTN]

What do you all think? Think the police are aloud to do this? Id like to hear what some Police on here think.

FayObserver.com -

They did it, so yes they are allowed. They also reference a very old policy and say they will continue to do it.

I know that when we took in guns that were held as personal property (or crossed our path on the street) and were not involved in a crime; all serial numbers were checked.

Test firing is going a little bit far; I doubt most departments would do that. But that should have been explained to him before he did it.

Would I take a gun to a PD for safe keeping?.................

Legal or not, I think it’s sad that he didn’t have anyone to leave it with besides the cops, or that he didn’t think he could leave it in his house.

[Guest mcgyver210]

Sorry to say I would have never voluntarily trusted my gun to any LEO.

This is why some Americans are starting to think of LEOs as the enemy not to be trusted & not the people to trust who are supposed to serve & protect. To many of them are now being caught abusing average citizens rights under the color of the law as they see it or decide to make it.

By no means am I saying all LEOs are the enemy I know some very good ones myself. But the days of blindly trusting a LEO are long gone.

[Smith]

I know when I had my wreck and was in the emergency room i informed them that it was in my shoulder bag (family hadn't arrived yet) and they sent the security officer to me about it. They basically said I could keep it in the room or they would put it in the safe at the security desk till I wanted it. All hes asked was if he had permission to make sure it was unloaded. No problem. Unloadede it and put the loaded mag and bullet back in the bag. Point being, maybe he should have had hospital security hold it for him as they do with other personal property till he wanted it back. Not that I think the police are nefarious, just that when they get stuff it can get complicated in getting it back ect. After all they are part of the beurocracy to some extent. Not their fault just the way it is these days.

[Sean S.]

The police likely have only one means of retaining personal effects; evidence. I don't know this to be fact, I am just guessing. If that is the case, the police were within thier rights to inspect the weapon. Besides, the gentleman willingly handed the weapon over to the police. Could this be the same as allowing police to search your vehicle when they ask? Once you give permission, anything goes.

[Guest justme]

Maybe he should have inquired about this prior to entrusting his firearm to them?

that is why you always assume worst case scenario and never trust them to safeguard your stuff--and your firearms in particular...one should absolutely never volunteer to allow the police to "safeguard", or "hold" their firearms for them.

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[Guest justme]

FayObserver.com -

They did it, so yes they are allowed. They also reference a very old policy and say they will continue to do it.

I know that when we took in guns that were held as personal property (or crossed our path on the street) and were not involved in a crime; all serial numbers were checked.

Test firing is going a little bit far; I doubt most departments would do that. But that should have been explained to him before he did it.

Would I take a gun to a PD for safe keeping?.................

Legal or not, I think it’s sad that he didn’t have anyone to leave it with besides the cops, or that he didn’t think he could leave it in his house.

Just because they did it, does not mean they were legal when they did it...

The gentleman is hugely naive, and too trusting of the government. He should see if he has grounds to sue--at the very least he should seek the destruction of the ballistic tests, and then change out the barrel....

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Edited August 31, 2009 by justme

[Punisher84]

I know when I had my wreck and was in the emergency room i informed them that it was in my shoulder bag (family hadn't arrived yet) and they sent the security officer to me about it. They basically said I could keep it in the room or they would put it in the safe at the security desk till I wanted it. All hes asked was if he had permission to make sure it was unloaded. No problem. Unloadede it and put the loaded mag and bullet back in the bag. Point being, maybe he should have had hospital security hold it for him as they do with other personal property till he wanted it back. Not that I think the police are nefarious, just that when they get stuff it can get complicated in getting it back ect. After all they are part of the beurocracy to some extent. Not their fault just the way it is these days.

Yea see we do that all the time for patients. Especially if you come in on an ambulance and are critical. Take it, unload it, lock it in the safe.

Now if they don't have a permit on them we will usually have PD check into that, but that's about the extent.

[Guest mikedwood]

Now ya'll calm down, don't get so upset. I'm sure that since it had to go to Raleigh for testin it'll take a spell. But this feller will get his gun back real soon like. Shucks ole Barn might even give him a bullet for his troubles.

[Guest HexHead]

I know when I had my wreck and was in the emergency room i informed them that it was in my shoulder bag (family hadn't arrived yet) and they sent the security officer to me about it. They basically said I could keep it in the room or they would put it in the safe at the security desk till I wanted it. All hes asked was if he had permission to make sure it was unloaded. No problem. Unloadede it and put the loaded mag and bullet back in the bag. Point being, maybe he should have had hospital security hold it for him as they do with other personal property till he wanted it back. Not that I think the police are nefarious, just that when they get stuff it can get complicated in getting it back ect. After all they are part of the beurocracy to some extent. Not their fault just the way it is these days.

Right, I can't imagine if you are brought into the ER by ambulance that you'd be in trouble for carrying in a posted location.

[Guest mustangdave]

Now ya'll calm down, don't get so upset. I'm sure that since it had to go to Raleigh for testin it'll take a spell. But this feller will get his gun back real soon like. Shucks ole Barn might even give him a bullet for his troubles.

Thus spaketh Sheriff ANDY...now go check on Otis will ya

[Fallguy]

I can't believe this guy handed over his weapon to the police? Why would he do that in the first place?!

But I have to agree, once the police had custody of it, especially voluntairly give by the owner, there is nothing to prevent them from checking the weapon.

I mean, I don't think the PD is normally in the business of taking any personal items into custody for safe keeping are they? Do people go and park their vehicles in the parking lot if they are going to be gone a while?

While I would be a little mad that I couldn't get it back right away if I was this guy, I think it is his own fault for giving it to them in the first place.

[Punisher84]

Right, I can't imagine if you are brought into the ER by ambulance that you'd be in trouble for carrying in a posted location.

Lord that would be ridiculous lol I imagine you'd have a fairly good defense to that charge. "Well your honor when my face went through the windshield it changed my plans for the day, up until that moment I hadn't planned on going to a posted hospital!"

[Guest jwb68]

Maybe he should have inquired about this prior to entrusting his firearm to them?

Yeah because he had a chance to do that while being loaded up in an ambulance after a car wreck plus the dude is 70 give me a break. I have a 92yo grand dad that would give them his first born child if they told him they were going to keep it safe.

Edited September 1, 2009 by jwb68