State Police sieze woman's gun for defending her property

[t1m0thy]

My mom called me today with a story about a woman in my father's church who has had a problem with her neighbors. They have some cows that are constantly escaping their enclosure and coming onto her property and trampling her yard and leaving a mess. She tried talking to the neighbor and they refused to do anything. She called the local police and asked for their help. The officer she talked to said that she should fire her gun into the ground in front of them to scare them off if she needed to. So, the next time the cows came into her yard she fired the gun to scare them away. A little while later the state police show up. They ask her about what happened and then seize her firearm. Her husband went down and demanded a receipt for the gun and they refused and told him it was evidence.

Any advice I can give these people? I told my mom that they shouldn't have talked to the police but its too late for that now.

[Robert Kayland]

Geez, a pan and a wooden spoon would have been noisy enough.

Better yet...

[Steve_NEPhila]

I have some great advice that is already too late: Do not talk to the Police, ever!



I do not know all of the facts. However, it appears in your post that she talked to the police and might have admitted to what they may believe to be a crime. I can just about guarantee that if she would have refused to talk to the responding police she would still have her firearm.

As an aside, firing a weapon to scare off cows is not the smartest thing one can do. Firecrackers are legal in PA as is filing a case in small claims court for the damage the bovines are causing.

(I know you know that talking to the cops is a bad idea. The video is for everyone else.)

[t1m0thy]

I told my mom that she made the mistake of talking to the police but not everyone knows what we do. My mom is telling her to call me and I am going to tell her I am not an attorney and to get one ASAP and not to talk to the police anymore if they try to contact her. She has an upside to this...the local cop she had talked to is a relative and is willing to back her up in court.

[knight0334]

Should have just shot the livestock. ...would be easier to justify.

[t1m0thy]

As far as getting the firearm back what is the maximum amount of time they can keep her gun without charging her?

[Deanimator]

Talking to the police? Bad idea.

Taking legal advice from the police? Catastrophically horrendous idea.

[dgood71]

Firecrackers are legal in PA

I don't think they are -- at least not without a proper permit, which most likely wouldn't be issued for scaring cows. (Reference PA P.L. 134, No. 65)

I do have to wonder how a cow would react to a strong BB gun shot in the hind end though....

[knight0334]

I don't think they are -- at least not without a proper permit, which most likely wouldn't be issued for scaring cows. (Reference PA P.L. 134, No. 65)

I do have to wonder how a cow would react to a strong BB gun shot in the hind end though....

Most react and move on. Then you always have that ignorant bovine who act like nothing happened.

Firecrackers are not legal unless you have a permit for demonstration or agricultural use.

[phillykev]

As far as getting the firearm back what is the maximum amount of time they can keep her gun without charging her?

Forever until you get a court order for it to be returned. Mileage may vary depending on jurisdiction if/when that could occur and how difficult it might be.