Confiscation

[wjh2657]

I have a serious question. What happens if your EDC is confiscated by an LEO who doesn't know the law. Do you get it back or does it stay with the law enforcement agency? How do you get it back if it can be returned? I have heard rumors of court orders being required and judges demanding that a real and current reason for carrying be given (being stalked, having been threatened, etc) Forget 2d A rights, we are not talking right to bear arms, we're talking the legal trail for evidence. I need LEO and Attorney types to answer this, not armchair commandos.

[alwayspackin]

If you had a weapon taken, I am sure it was for a good reason. All LEO'S should know the law. If it was taken into custody you will have to have a court order to get it back. The LEO should have given you a citation with a court date on it. That is when you go and plead your case. The officer will have to be there. And yes the judge will probably ask you all kinds of questions. He has a legal duty to make sure you are fit to have the weapon returned. Mistakes do happen but sometimes it is in the best interest of all the parties involved, including the POLICE. Most people never try to get there weapon back due to the hassle involved.

[TripleDigitRide]

By EDC, I assume you're talking about a gun? A knife? A flashlight? A multi-tool?

I don't see the little HCP symbol under your avatar, so can we also assume that you don't have a HCP?

Edited September 14, 2008 by TripleDigitRide

[Guest bkelm18]

EDC? If you are talking about your carry gun, then you were probably doing something that you weren't supposed to be doing given that it appears that you don't have a HCP.

Edited September 14, 2008 by bkelm18

[Guest Boomhower]

I think (???) EDC = Every Day Carry.

And if a judge demands a real reason for you carry a weapon, assuming you have your HCP, then you can politely let him that the state of TN extends that privilege to verified law abiding citizens.

[Guest Boomhower]

Forget 2d A rights, we are not talking right to bear arms, we're talking the legal trail for evidence.

I do not understand this. Can you elaborate please?

[wjh2657]

Can carry under another state HCP, but not carrying right now. . Applied for TN HCP after classes and all other procedures and currently watching mailbox. Question was simply a legal question I would like clarified before I carry a handgun here. As far as you have to have done something wrong to have your weapon confiscated or be arrested, somebody needs to get out of the house or probably post their LEO badge number. It happens every day, all it takes is a nervous person pointing you out to a store manager, who will report to the police using language that indicates more to the case than there is and I would just like to know if I am going to get my weapon back. By the time Officer arrives on scene the scenario has changed into a terrorist with a WMD and SWAT is on their way. The reason I ask, I was witness to such an encounter in MO a couple of months ago. Poor guy had more automatic weapons pointed at him than I did in Nam. TV later that night reported he was a local preacher and somebody paniced when they "saw" his gun. I don't know if MO has OC or if "printing" was the problem, but regardless the reaction was to a full blown shootout! You don't have to be doing anything wrong to get arrested, just have to have somebody else think you are doing something wrong. Not the LEOs fault, they are following procedure. but you will end up with your weapon confiscated and charges that will have to be cleared up later. Again the question, when the smoke clears do I get my weapon back?

Edited September 14, 2008 by wjh2657

[shaftbass]

If you had a weapon taken, I am sure it was for a good reason.

http://www.tngunowners.com/forums/showthread.php?t=10913&highlight=gallatin

I wouldn't call a clerical error saying your handgun permit was invalid is a good reason.

[wjh2657]

I do not understand this. Can you elaborate please?

As my legal service explained (they couldn't give me definitive answer to my question by the way.) once the handgun is confiscated, it is no longer your property but property of the state. The question of your right to carry that particular handgun is no longer an issue of 2d A rights but of ownership.

Edited September 14, 2008 by wjh2657

[Guest Mugster]

Lol, armchair commando's are the backbone of this board.

If you want real legal advice, I'd hire an asset forfeiture attorney. Should be able to find one without too much struggle.

[Guest Boomhower]

As my legal service explained (they couldn't give me definitive answer to my question by the way.) once the handgun is confiscated, it is no longer your property but property of the state. The question of your right to carry that particular handgun is no longer an issue of 2d A rights but of ownership.

As far as the state is concerned, they probably think they do own your firearm once it is in their possession. After all, they take money from me daily. I am no legal associate by any means, but I do not think that statement by your legal service would be correct. If a state confiscated your hand gun, and then claimed ownership of said handgun without approval of the original owner, then that would be infringing on your right to bear the firearm that you legally purchased as well as stealing your property.......maybe I'm trying to read to far into it though.

[Guest canynracer]

I would say that unless you were doing something wrong, you will get your gun back if it was a mistake. based on the fact that it has happened to coltco. you will have to jump through some hoops.

<--------armchair commando

[Punisher84]

If your gun is confiscated for any reason you will need to show proof of ownership and get the court to order the police department property officer to return it to you. Generally, in a defensive shooting or any other time your weapon is taken due to an investigation you should be issued some type of property receipt as proof of original ownership.

Different departments act differently and anything can happen, but if you keep your head about you, know the law, and act responsibly you shouldn't run into a problem. There is always the random situation though.

I'm halfway between an LEO and an armchair commando so you'll have to take from that what you can.

On a personal note, you come across kinda bold in your posts and slightly defensive. Everyone tries to keep it civil around here and telling people to post their badge number or get out of the house is a little over the top. Just my

[wjh2657]

End thread. I got my answer on another forum from what I believe is a senior LEO. Weapon doesn't enter evidence chain unless charges are filed ( which they wouldn't be in this case.) Proof of ownership anf HCP should get weapon back after diplomatic visit to senior LEO at station.

Question came up in discussion between graduates of HCP class, of wisdom of carrying super expensive weapon with chance of confiscation. You want the best to protect youself but can you afford to buy a new one if gun is confiscated? As weapon will be returned if there is a simple misunderstanding, this is moot point.

I didn't put HCP down because my current permit is from another state and I assumed that tag was for a Tennessee HCP. Should have mine next month and I'll toggle that tag then. I owned a business in the other state and had the permit to carry the gun on premises with no hassles. Sold business and now awaiting HCP from state I live in (TN).

[Guest canynracer]

On a personal note, you come across kinda bold in your posts and slightly defensive. Everyone tries to keep it civil around here and telling people to post their badge number or get out of the house is a little over the top. Just my

LOL..I missed this part!!! pretty funny....actually VERY funny.

[wjh2657]

On a personal note, you come across kinda bold in your posts and slightly defensive. Everyone tries to keep it civil around here and telling people to post their badge number or get out of the house is a little over the top. Just my

Sorry for being defensive, but if you read the posts previous to my last ones your civil neighbors were ginning up a lynch mob because I didn't post a HCP tag. I have a permit from another state and am currently watching the mailbox for my TN HCP ( I went the whole cycle, classes forms and all) and will toggle that tag when I have my TN HCP in hand. I pretty much detected that the FOP group was getting pretty hostile too. Funny because I am an associate member of the FOP.There are smaller departments out there that still have LEOs that don't understand enough of the law so I just wanted to know what I could do to get my gun back if they grabbed it by mistake. I was actually more worried about local LEOs in other states not knowing the reciprocal process. Didn't really mean to step on toes, I'll watch myself in future. I'm a retired old Marine Master Gunny, so I tend to have some rough edges.

[Fallguy]

I know your question has been answered to your satisfaction, but this is somewhat related.

In TN a LEO can disarm you during an encounter if he feels it is needed for "safety". But once he determines no laws have been broken, he is supposed to return your weapon before dismissing you.

[wjh2657]

That is some good to know stuff!

[Oh Shoot]

I know your question has been answered to your satisfaction, but this is somewhat related.

In TN a LEO can disarm you during an encounter if he feels it is needed for "safety". But once he determines no laws have been broken, he is supposed to return your weapon before dismissing you.

From reading various carry forums, seems this used to be quite common practice during vehicle stops; not so much now, seems.

One story still makes me laugh (maybe on this board?) where the cop wanted to get all the guns sequestered during a traffic stop, and between driver & wife with main guns and BUGs, glove compartment, etc, the cop was gonna be juggling about 8 guns, and finally said just leave them where they were...

- OS

[Punisher84]

Sorry for being defensive, but if you read the posts previous to my last ones your civil neighbors were ginning up a lynch mob because I didn't post a HCP tag. I have a permit from another state and am currently watching the mailbox for my TN HCP ( I went the whole cycle, classes forms and all) and will toggle that tag when I have my TN HCP in hand. I pretty much detected that the FOP group was getting pretty hostile too. Funny because I am an associate member of the FOP.There are smaller departments out there that still have LEOs that don't understand enough of the law so I just wanted to know what I could do to get my gun back if they grabbed it by mistake. I was actually more worried about local LEOs in other states not knowing the reciprocal process. Didn't really mean to step on toes, I'll watch myself in future. I'm a retired old Marine Master Gunny, so I tend to have some rough edges.

No worries Gunny. Things can get pretty heated on forums, especially gun boards and there are quite a few of us here that try our best to mediate and keep it civil when we can. That was the only reason I mentioned anything. Happy carrying and Semper Fi!

[jay1313g]

Replacement gun...... $600 ?????

Lawyer, court cost, personal time involved...... $$$$$$$$

I hate to say it but sometimes you'd just have to smile when the system gives it to you high and hard!!!!

[TGO David]

And yet another anecdotal reminder to consider buying two of whatever you carry every day. When one is taken for evidence during a justified shooting, you have your backup and it's the same system you're already [hopefully] familiar with.

[Tim Nunan]

On a personal note, you come across kinda bold in your posts and slightly defensive. Everyone tries to keep it civil around here and telling people to post their badge number or get out of the house is a little over the top. Just my

ROFLMAO:D Since when has this group kept it "civil"? LOL

[Mike.357]

You don't have to be doing anything wrong to get arrested, just have to have somebody else think you are doing something wrong.

Truer words were never spoken.

How do you get it back

speaking firsthand, in Knox County, or when involving THP. The weapon confiscated will end up in a evidence bag. Serialized all official like. Signed off on by who ever it was passed on to.

My charges were dismissed, and the pistol belonging to my nephew was held by THP for about 2 months after the hearing where the charges were dropped.

The gun was not at the hearing.

Part of the fees I paid my attorney included getting a court order to have the evidence released back to me. It took some time to get it done. I took the court order to the THP office in West Knox and was given all the evidence THP confiscated.

Without the court order no evidence would have been returned.

YMMV

should have reread OP or finished the thread,

Weapon doesn't enter evidence chain unless charges are filed

Somewhere I missed that charges were not filed

Edited September 15, 2008 by Mike.357

[Guest GLOCK2340]

"You want the best to protect youself but can you afford to buy a new one if gun is confiscated?"

Get a Glock, it won't be such a big deal then!