thanks for all the help and advice, I guess my best course of action would be to talk to a criminal attorney and see ifmy rights were truly violated, as i believe they were, then get my get my guns back and get some serious compensation out of the deal
God, this is really, reallygonna hurt me to say this.
The cops may havedone you a favor, deliberately or accidentally.
Taking your guns is less serious, far less serious, than you falling into the hands of psychiatrists for evaluation. Psychs are notorious for mis-diagnosing people. Once you are in their clutches, all it takes is for the psych to say you aredangerous to yourself or others and whamo. The door is now open for a court to order involuntary treatment, which can cost you your gun rights. If it can come back to bite the psych--say he diagnosedsomebody as safe, but that person then went berserk--what might you want to bet that the psych would rule a person dangerous to be on the safe side?
If I was a cop. And I had a choice between taking a guy for a mental evaluation based on his own mother's
report, or taking his guns. I'd take the guns.
This assumes I couldn't think of any other solutions. Actually, I'd dig in deeper and find out just how hysterical mom's report really was. Was she serious? Was he really unbalanced? Or was she just yammering to get even?
This is one area where I would leave the door open for good police officers toexercise judgement. Ipersonally would not sueandpressure police start routinely taking people forpsych evaluation. Personally, I'd weigh thecost of an attorney against just waiting120 days. If the attorney was going to cost more than another gun, I'd just buy another gun for personal protection in the meantime.
Or maybe just talk to the cops and convince them I wasn't nuts.
In any event, I'd at least consult an attorney about the possibility oftriggering an involuntary psych evaluation if I attempted to get my guns back before the 120 days expired. I don't know much about this area of law. I don't know if the police can still recommend an involuntary psych eval based on the earlier incident. Maybe they can recommend it to a magistrate or prosecutor. I don't know. I'd be very careful of my legal position.