Edit: Wow, my post formatting has gone all to hell. O.O
My question, is what constitutes custody? Certainly, a
firearm sent off to the DOJ crime labs is in the custody of law
enforcement. However, I am curious, how this pertains to the 12031 (e)
Ideally the officer would check the magwell, rack the slide- or in the case of revolvers, open and close the cylinder- and return the firearm,
but we all know this is more the rarity than the rule.
12031(e) checks often times remove the firearm from our persons and our immediate vicinity
(ie, back to the patrol car) so that they might determine whether the firearm is stolen
and perhaps to whom it is registered.
Does this seizure constitute custody of the firearm?
Are we entitled to a reciept?
Of course, more often then not our firearms are taken from us with great haste over
any objection to it being removed from our vicinity.
Preventing the officer from running his entitled (e) check constitutes probably cause,
would it be preventing the officer from running his (e) check if there were a retention cord affixed to
the firearm preventing it from being removed from your vicinity?
12028.7 reads as:
(a) When a firearm is taken into custody by a law
enforcement officer, the officer shall issue the person who possessed
the firearm a receipt describing the firearm, and listing any serial
number or other identification on the firearm.
(b) The receipt shall indicate where the firearm may be recovered,
any applicable time limit for recovery, and the date after which the
owner or possessor may recover the firearm pursuant to Section
(c) Nothing in this section is intended to displace any existing
law regarding the seizure or return of firearms.
(e) In order to determine whether or not a firearm is loaded for
the purpose of enforcing this section, peace officers are authorized
to examine any firearm carried by anyone on his or her person or in a
vehicle while in any public place or on any public street in an
incorporated city or prohibited area of an unincorporated territory.
Refusal to allow a peace officer to inspect a firearm pursuant to
this section constitutes probable cause for arrest for violation of