Confused & Ashamed

[cuate]

IMO, the confiscation of your firearm was a clear violation of your 4th amendment rights. I would lawyer up.

Solid, good advice, get your rifle back, a new room mate and learn the hard lesson of experience.

 

[MadMo44Mag]

I'm sure everyone has got their point across - you screwed up!
Learn from this and pass this little bit of valued wisdom on to others so they do not repeat your mistake!

 

[2Shots1Wound]

Beat down imminent

Time for a new roommate. I would have kicked that mf'ers ass for even going near my stuff.

I'm with you. Probably would have gone fistacuffs on him. Would be for his own good.

 

[APatriot]

An overreaction here took place. I would have not called the police. I would have not checked with the neighbors. The fact the police had reasonable cause to even respond and let alone enter your home was because YOU called them.

Folks, some of us are in serious need to understand our rights, and what the police can and can't do. For example, it is not quite on topic, but I once asked a Sergeant of Police about concealed carry 2 years ago when I first became a CHL holder, about carrying concealed in a movie theater when I only saw a NO Guns sign. The police sergeant said "it was illegal and that CHL holders couldn't carry in "public" places....LMAO. At that point, I made the decision that I would be the one to know my gun rights.

Get your pistol back. This is embarrassing for you I am sure, but folks we need to understand what the authorities can and can't do.....geeez.

 

[atticus]

Our friends, the police

You can take the officer's "paranoia" and "psychiatry" comments with a ton of salt. Inappropriate commentary by the boys in blue. Sometimes they need to just shut up and pass the doughnuts.

The same police take on bad guys on a daily basis, so I'm willing to forgive occasional lapses of civil discourse. They have a tough job. Still, the officer in question needs to keep his tongue under control.

Go get your gun back. And keep it where the law allows, according to your own judgment of your need for protection. It's up to you, not some immature policeman.

 

[navyguy]

An overreaction here took place. I would have not called the police. I would have not checked with the neighbors. The fact the police had reasonable cause to even respond and let alone enter your home was because YOU called them.
.

+1 I know this has been posted around quite a bit, but on the odd chance someone (tristanlxboyd) hasn't seen it, give it a look.

YouTube - Dont Talk to Police

 

[Starker]

Love that video!

Best advice you could ever get from a lawyer!

 

[Greg_TX]

I told my roommate "If you're having friends over, don't let them near it, tell me they're coming, or put it in the gun case in the closet. Don't even tell them it's there."

This, in my opinion, was the biggest mistake of all. Never, EVER, trust someone else to secure your weapon for you. If visitors are at your place and they somehow find out there's a gun somewhere, some idiot will want to mess with it.

 

[Buck Nekkid]

I'd be very curious to know in what city this took place. I'm just having all sorts of problems believing that a police department would send 4 officers for an AD and then seize a firearm that was not involved in the incident. My BS meter is close to pegging out.

 

[DCortez]

My BS meter is close to pegging out.

+1

 

[JKTex]

I'd be very curious to know in what city this took place. I'm just having all sorts of problems believing that a police department would send 4 officers for an AD and then seize a firearm that was not involved in the incident. My BS meter is close to pegging out.

That would apply to the 30-30 that was involved as well. The simple question is, why would it be taken if no one was charged with a crime?

 

[willygene]

get a lawyer and get your guns back they violated the fourth amme, and the law by confiscating your guns they had no legal right to take your guns i spent 15 years in law enforcement 6 of it teaching in two different academies and no one has ever done that around here and still had a job, or at the least had a serious disciple, theft is theft no matter who commits it. Oh and your not paranoid.

 

[cuate]

You can't judge all Cops by the one that took your guns, Theres super ones, good ones, the mediocre, and anuses. Police Depts., likewise as are Cities....Sorry you were run over by an idiot.....

 

[bikerbill]

What a bizarre story!

I agree with those who said you should never have called the cops, and also +1 with those who said you're not paranoid for keeping a gun by your bed. I do, and keep it with me all day while I'm home, and take it with me when I'm out, thanks to my CHL. HOWEVER ... you obviously realized that LEAVING a loaded guy lying around when you're not there to control it is a major mistake. The gun should have been locked up when you were not present; you seem to have known that, since you warned your roomie about it. Forget the warning; lock up the gun so that only you -- and he, if you trust him -- have access to it. I'll also have to agree with those who said you got jobbed by the cop who took your guns. No crime was charged; under what authority did he confiscate your guns? Get them back -- and use some common sense.

 

[TexasRedneck]

Guys.....we wuz TROLLED!

LOL!!!!

 

[treyw]

The actions of your roommate's friend were completely stupid. That said, I see nothing else wrong with where you kept your weapons. I would've asked the officer if his weapon is kept within reaching distance when he is at home in bed? Guaran-damn-tee you mine is. From your description of what happened, I cannot see a legitimate reason to confiscate your weapons. The discharge was accidental, there were no children around to be allowed access to the weapons, the weapons were not listed as stolen, and the permanant residents, (you or your roommate,) are not convicted felons, and you are of lawful age to own a firearm. This has echoes of the New Orleans PD confications after Hurr. Katrina. I'd say get ahold of an attorney, or contact the NRA if you are a member.

 

[lonestar]

From a LEO side heres what I see. First off, you called them so you opened a can of worms even a LEO will tell you that = ) But, in fact, they do have the ability to take your weapons, HOWEVER they have no right to hold them beyond a fair time. Basically, what happens is we take them, run a quick ballist. check to see if they were involved in any high-crime. After that, we run the ser # to make sure they were never reported lost/stolen through the ATF. After that, your weapons should be good to go back home with you. If this takes any longer than..umm..3 days. They are draggin ass on it. Feel free to pm me.

 

[GM.Chief]

From a LEO side heres what I see. First off, you called them so you opened a can of worms even a LEO will tell you that = ) But, in fact, they do have the ability to take your weapons, HOWEVER they have no right to hold them beyond a fair time. Basically, what happens is we take them, run a quick ballist. check to see if they were involved in any high-crime. After that, we run the ser # to make sure they were never reported lost/stolen through the ATF. After that, your weapons should be good to go back home with you. If this takes any longer than..umm..3 days. They are draggin ass on it. Feel free to pm me.

I can see them having the right to take the gun that was shot as it was technically used in a crime (i/e discharging a firearm within city limits), although supposedly no charges are being filed. But regardless, they had NO right taking the other gun(s). None whatsoever.

 

[lonestar]

I'm a "gun free" type of LEO, so i agree with you my friend. But this was actually made SOP by most agencies to actually help people out. I know, it's a pain in the ass but i can tell you from just my own personal experiance i returned a handful of stolen weapons last year this same way.