Ok, I found a nifty little gem of a law that recently made the books in Louisiana.
RS 29:738. Emergency powers do not extend to confiscation or seizure of lawfully possessed or used firearms, weapons, or ammunition; exceptions
A. Nothing in this Chapter shall authorize the seizure or confiscation of any firearm or ammunition from any individual who is lawfully carrying or possessing the firearm or ammunition except as provided in Subsection B of this Section.
B. A peace officer who is acting in the lawful discharge of the officer's official duties may disarm an individual if the officer reasonably believes it is immediately necessary for the protection of the officer or another individual. The peace officer shall return the firearm to the individual before discharging that individual unless the officer arrests that individual for engaging in criminal activity, or seizes the firearm as evidence pursuant to an investigation for the commission of a crime.This was passed on June 8, 2006 (gee, wonder what spurred that)?
My only question is this. This law was written specifically relating to emergency situations. I was unable to find a state law requiring the police to return possessions in a NORMAL situation.
Most likely that would be covered under standard procedure, but I couldn't find it written anywhere.
I spoke with someone just tonight who told me about how he was stopped for speeding, and the police took his weapon, despite his CCW. I don't mean for the duration of the stop, I mean they ran the number, and when it came back clean they just decided to keep his weapon anyway. It took his lawyer two weeks to get his weapon returned to him. Then it took his lawyer two more MONTHS to get his ammo back. (At that point it was the principle of the thing).
This all occurred several years ago, but here's my question. Can a law that applies to a specific situation (state of Emergency) be applied to a more general situation if it is the only one remotely applicable? In other words, is this a law I should print out and keep in my wallet? It seems too good to waste on emergency situations only!
I'm not familiar enough with law in general to know if a situation-specific law can be applied more broadly or not.