I6CJ7 wrote:
Im new to this forum and live in prince william county VA, I have been looking for some firearms rights answers for awhile. Im 21 and was living and paying rent with my mother for a few months and we just started having problems and not getting along in general, two and half months ago i had my ruger 22 rifle and my brand new colt 45 taken from me by the cops after my mom called them while we were having an argument, i had the 22 for years and she had bought it for me, but had told me not to get a handgun... but i did anyway.
Cops came and asked if any other firearms in the house, i said yes went with officer got the .45 and .22, he unloaded the .22 the .45 was not we went back upstairs where my mom said that i was irrational and acting crazy..which is total crap she was mad at me for having the gun, i was pretty upset at this point, (crying) as i'd been arguing with my mom, she wanted th guns out of the house or me out of the house, officers first said we cant violate his 2nd ammendement rights, i said fine i'll leave with the unloaded guns and goto a friends house to store them, they then wouldnt let me leave and then decided to take my firearms, the one officer kept trying to cooerce me into going with him and have my self checked (mentally)out at the hospital, i said forget it im fine, im just upset, they took my guns gave me no reciept that they took them and acted like i could pick them up at the station in a few day,
They police now say there KEEPING THE GUNS FOR 120 days "safe keeping" and can get them after that if everything checks out okay, I was not charged with anything at all and broke no law, ive talked to the officer and his 1st sergeant and they both gimme the same 120 day safe keeping crap!
please help what can i do!
thanks
IANAL (I am not a lawyer)
Well, I am sorry to hear your problem. I might suggest that next time they come you tell them that the only way they get your guns is with a warrant.
You, as a renter have a legal right to be there and she can not command you be removed from the property as a legal renter, however the police can.
From my understanding when it is made clear to them there may be a problem they can decide which one needs to go, and they usually side with the person that is most vulnerable (i.e. the woman, mother, etc.).
They should have not prevented you from leaving. You were faced with a choice between surrendering your guns or leaving and you chose to leave with your guns. I see no legal reason for them keeping them except if they thought you were a danger to yourself or others, in which case they have the power to focibly detain and commit you. They did not, so I don't believe that they really believed so themselves. I think they just wanted to prevent any issue and sided on the er of caution instead of the law.