permit question

[Mandy4]

A friend of mine was walking from his car to a friends house down the street. As he approached the house the police stopped him and asked to search him for no reason. He told the officers he had a gun. They took him to the local police station for the night stating he was being cited for public drunkness. Meanwhile he was not drunk at all. The next day the police let him go and told him he can not have his gun back and they will do everything they can to get his carrying permit revoked. How do they have the power to do this and is there anyway to fight it?

[exceltoexcel]

Call the NRA get a lawyer.

Really that's probably the only reasonable way to get the gun back and not make a costly error in doing so.

Did he get a receipt for the gun they took from the police officers?

He should demand the bullets back to, as they have his finger prints on them!

Was he formally charge with public intoxication or any other crime?

[billamj]

If I were your friend, I would contact the NRA and see if they could recommend a 2A friendly attorney to help him out of this mess. If they have no proof of public intoxication, then I would say that they don't have a leg to stand on, but I am NOT an attorney.

[ChamberedRound]

Originally Posted by Mandy4

A friend of mine was walking from his car to a friends house down the street. As he approached the house the police stopped him and asked to search him for no reason. He told the officers he had a gun. They took him to the local police station for the night stating he was being cited for public drunkness. Meanwhile he was not drunk at all. The next day the police let him go and told him he can not have his gun back and they will do everything they can to get his carrying permit revoked. How do they have the power to do this and is there anyway to fight it?

Sounds like your friend was the subject of a biased, unlawful arrest. Your friend should immediately file a complaint with the Police Dept, so there's a record of his grievance, and immediately obtain legal representation. This way, there's a chance that the issue can potentially be resolved BEFORE the Police Dept. in question makes attempts to revoke his LTC.

[exceltoexcel]

+1 File a grievence immediately!!!!!!! Today!

[Mandy4]

The police will not give him a receipt. They told him to go down to the court house and file a petition for property back. He has no criminal record and was never charged with public drunkness before.

[Mandy4]

i would like to thank everyone for responding so quickly. Thanks for the advice.

[Frenchy]

Originally Posted by Mandy4

The police will not give him a receipt. They told him to go down to the court house and file a petition for property back. He has no criminal record and was never charged with public drunkness before.

I'm not a lawyer or any thing, but to take property away and not give a reciept is that not what people call theft?
When they take you in, they are supposed to empty yoru pockets and give you a paper "reciept" of every thing you have even change, and you claim it back when you leave. Naturally, if they keep things they check off what they kept. I would contact the BATF and tel them the PD has a gun that is registered in my name if this happened to me and they did not give a reciept for it. Technically, this gun is still considered in his posession if he cant prove where it is.
Second I would contact a lawyer and watch their jaw fall on the floor. I believe the PD can bring you in for questionning, but if they have some thing of a charge on you, they have to keep proof of that, IE: if they held you on a drunk and disorderly charge, they have to prove you where drunk, not just "yeah i seen them" but actual breath/blood confirmation of it.
As it is legal with a CCW to have a gun on their person, nothing says you have to be sober to do so, unless the gun was pulled on them or brandished in a way to "threaten" some one, I would question what else happened to make the pd even question this person. Where they driving? Sleeping on a park bench? some thing had to make the PD decide to pay attention to that person.

[exceltoexcel]

I'm hope I don't offend you.

Would you please tell us if got charged, we would like to have more information.

That's a pretty big part of the story.

I'd go to the state police and tell them that the specific police department stole the gun because they refuse to give him the receipt of seizure of property.

Tell them the you need a least them to have on file that for the record police department X has the gun and give them the model/make and serial number.

Oh yeah, if that guy hasn't filed a grievance report yet then he's really setting himself up for a fall.

I'd also say that if he doesn't get his rear-end to the court house when the doors open tommorow and file a petition then he's really setting the stage to be taken advantage of.

[Steve in PA]

Originally Posted by Mandy4

A friend of mine was walking from his car to a friends house down the street. As he approached the house the police stopped him and asked to search him for no reason. He told the officers he had a gun. They took him to the local police station for the night stating he was being cited for public drunkness. Meanwhile he was not drunk at all. The next day the police let him go and told him he can not have his gun back and they will do everything they can to get his carrying permit revoked. How do they have the power to do this and is there anyway to fight it?

Sorry, the whole thing sounds like a BS story to me.

1) They police can just walk up to you and ask to speak with you. However, unless they have "reasonable suspicion" that an illegal activity is a foot, you are free to say, no thanks and leave.

If they have RS to speak with you, they can do a pat down or "Terry frisk" to check for weapons. However, they would need to explain their reasoning for thinking you may be armed.

2) He told them that he was carrying, did he have a permit?

3) Well, was he drunk or not? They would have to prove that he was intoxicated to a degree that he would be a danger to himself or others (falling down, stubbling into traffic, etc).

If they cited him for PD, then they are going to need proof. You can't just pull someone in, claiming they are drunk and keep him for the night. Why didn't he call someone? PD is a cite and release offense.

4) If he did have a permit for the gun, what was the reasoning behind them not giving it to him?

5) One PD charge is not enough to have the license pulled.

I think there is waaaaaaaay more to the story than is being told.