Wrongful seizure of my firearm?

[King 5.45]

Not to be an onager, but I'd just like to know if the cop held him at ballista-point when he seiged his weapon.

[mbinpa]

Not to be an onager, but I'd just like to know if the cop held him at ballista-point when he seiged his weapon.

Hehehe

I wasn't going to pick nits.

[twency]

Originally Posted by mbinpa
...
1. Are you obligated to hand over the weapon if LEO asks for it? I don't believe I am but get conflicting stories....

1. You are only obligated to comply with a lawful command.
...

First, I am not a lawyer™.

Second, under Terry v. Ohio, when an individual has been lawfully detained based on (at least) reasonable articulable suspicion, it is not a Fourth Amendment violation to search that individual for dangerous weapons. The opinion seems to carry with it at least the assumption (if not the actual statement, it's been a while since I read the opinion) that it is lawful for the officer to temporarily relieve the suspect of such dangerous weapons during the course of the detention.

Now, a temporary seizure of the type which appears to be contemplated by Terry is not the same as taking an item indefinitely. I don't think there's any legal justification for that absent other circumstances not involved here, but I strongly suggest you consult with an attorney for further (more detailed and more accurate) advice re: seeking the return of the weapon.

[AHenshaw]

You really need to speak to a lawyer.

[zackattack784]

Anybody who think it's a good idea to inform an officer you are carrying when you have no legal obligation to should read this thread (and the one from OH). I have guns that were (legally) given to me by my father which I carry. Obviously they wouldn't come up as "registered" to me so I would choose not to inform.

[ungawa]

This type of thing seems all too common in a state that supposedly does not have a gun registry except with certain ATF items.

What registry is that? "ATF items?"

[Kurt_D]

I fail to see how they can seize ANYTHING in your possession because YOU can't prove ownership on the spot (unless someone else has also laid formal claim to it or reported you took it from them)...

• LEO: Is that a Rolex watch I see on your wrist?
• VIC: Yes, it's mine.
• LEO: I'm gong to have to take it back to my car to check on ownership.
• VIC: Oh, OK, here.
• LEO returns: I cannot find it in my (nonexistent) Rolex watch database - I'm going to have to seize it because you can't prove ownership.
• VIC: B-b-but!?
• LEO: Have a nice day...
• VIC:

How is that any different than for a firearm in PA???

Having the gun in the car on a questionably valid MI carry permit/license may be a whole other matter and a lawyer may be the best route here.

...

[ungawa]

You carefully handed him your handgun?

Did he ask you to draw and hand him your handgun? Were you in the car at the time?

[JasonK007]

this sort of thing worries the heck out of me. i might have two . . . make that three guns would actually be in pennsylvanias data base. most of my guns were bought when i lived in other states. receipts? 30 years later? much paperwork was lost when my basement got flooded with raw sewage when the sewer line backed up.

again this is one of those situations where if the cops do get proven in the wrong that they will cry out that they cannot be expected to know all the laws.

Sewage or not, I wouldv'e still hung onto those receipts. If a cop demanded to see proof of ownership, he or she would've received a crap-stained receipt for their viewing pleasure.

[JasonK007]

What registry is that? "ATF items?"

ATF items as in sliencers, short-barreled shotties, full auto. I've never applied for any of these items but I'm under the impression that they get registered with ATF..wrong?

Edit--wrong acronym used. I had meant to say NFA items..