Police Run Roughshod Over Lawful Handgun Owner

[bryand71]

http://blogs.ajc.com/bob-barr-blog/2009/08/26/police-run-roughshod-over-lawful-handgun-owner/


Police Run Roughshod Over Lawful Handgun Owner

6:00 am August 26, 2009, by Bob Barr

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.

Apparently the police in North Carolina believe themselves empowered to retain a law-abiding citizen’s firearm, and test it to see if it matches any firearms or ammunition on which the police have records that were used in crimes, regardless of whether they have any suspicion whatsoever that the firearm is illegal or has ever been used in the commission of a crime.  And, the police do this even if the person has voluntarily and temporarily left a firearm with the police for safe keeping.  In this case also, the owner of the handgun did not want the firearm fired because it had never been fired since he purchased it new, and he believed its value would be diminished.

Tough luck, according to the law enforcement authorities; so long as they get a firearm — however they get a firearm — they keep it as long as they want to test it, and , if it matches ballistically with some record they have, they would keep it indefinitely.

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.

[Dakotaranger]

Lawsuit

[fightingquaker13]

Lawsuit

For what? First the cops have soveriegn immunity, which means they can't be sued unless they knowingly and willfully acted either unlawfully or negligently.Secondly, a decent lawyer starts at about $250 an hour, and if the cops WANT to cooperate and you've got an honest lawyer, its still going to to be 3-4 billable hours  worth of phone calls and a trip to the station, plus paperwork to get the gun back. So unless its worth better than a grand, you're better off just buying another $600 pistol.
FQ13 who carries a $500 Glock for more than one reason

[Dakotaranger]

For what? First the cops have soveriegn immunity, which means they can't be sued unless they knowingly and willfully acted either unlawfully or negligently.Secondly, a decent lawyer starts at about $250 an hour, and if the cops WANT to cooperate and you've got an honest lawyer, its still going to to be 3-4 billable hours  worth of phone calls and a trip to the station, plus paperwork to get the gun back. So unless its worth better than a grand, you're better off just buying another $600 pistol.
FQ13 who carries a $500 Glock for more than one reason

Tom, there are times I hate it when your right...this is one of them.  Lately, when it comes to constitutional issues I get my dander up way too easy for some reason.  THe problem is the ballistic tests that they would run, the latest Popular Mechanics debunked all of them and there is no probable cause for the tests.

[fightingquaker13]

Tom, there are times I hate it when your right...this is one of them.  Lately, when it comes to constitutional issues I get my dander up way too easy for some reason.  THe problem is the ballistic tests that they would run, the latest Popular Mechanics debunked all of them and there is no probable cause for the tests.

Dakota, I am ROFLMAO. NEVER IN HELL did I think I would live to see the day that anyone would confuse me with Tom. You owe me a new keyboard, and probably lots of other folks as well. Tom, well, he might just find some rope.
FQ13

[Sponsor]

[Dakotaranger]

Dakota, I am ROFLMAO. NEVER IN HELL did I think I would live to see the day that anyone would confuse me with Tom. You owe me a new keyboard, and probably lots of other folks as well. Tom, well, he might just find some rope.
FQ13

Oh shoot, I'm glad it's Sat morning this week has been a pain.  Well, I guess you now know two of the main people I pay attention what they post.

[Steyr M40A1]

My handgun was "taken" from me after I accidentally shot myself in the foot with it.
The local PD has a policy unlike any other in the county that they too sent the pistol to NIBIN for testing. So far its been more than 10weeks. Upon return I would have to sue the city to get it back, that is file paperwork with the court and pay a filing fee of nearly 50% the value of my property for them to release it back to me. Everyone I told this too said "what" including a veteran sheriff's officer I know.
So I had a lawyer friend to make a few calls and now the story is when it gets back I can just go pick it up.
Otherwise he will sue them and ask the judge to make the city reimburse the filing fees, lawyer fees, and court costs.
 

[twyacht]

If the police are "requesting" NOT "demanding" to "hold" your firearm for you,.....

That is a Big Fat NEGATIVE Ghost Rider.

NEVER voluntarily give your firearm to ANY Police Station.

Give it to a friend you can trust, family member, bury it in the yard for few days......

Knowing NC, he will eventually get it back, they are not all bad up there. Might be a while, and I would demand a copy of the test.

Than I would sell it and get another one...

[tt11758]

If the police are "requesting" NOT "demanding" to "hold" your firearm for you,.....

That is a Big Fat NEGATIVE Ghost Rider.

NEVER voluntarily give your firearm to ANY Police Station.

Give it to a friend you can trust, family member, bury it in the yard for few days......

Knowing NC, he will eventually get it back, they are not all bad up there. Might be a while, and I would demand a copy of the test.

Than I would sell it and get another one...

I agree with you that the best course of action in this situation would be to turn it over to a friend or relative, providing that person has a valid CCW.  If they do not, handing them your weapon could put them in violation of the law.

As for burying it in the back yard, that's probably not a realistic option in the aftermath of a traffic crash. 

There may be instances when the only option you have available is to turn it over to the police, and take your chances.

As it turns out for the fellow whose story was told in the original article, his best bet may be to replace the gun and forget about it.  If he eventually gets it back he should go right out and buy a Powerball ticket.   

[tombogan03884]

 Well, First I lock myself out of my apartment , then I read this thread, this is turning into quite the Saturday.