imported post
Hi, new member here - been lurking around for a bit - I don't open carry often (I would say I don't like the attention - but I really do admire those of you who do and I would expect as I get older I will care less what others think and hopefully open carry more often) - and I have come up with a question and I figure you guys probably know that answer!
In a SD situation in my home, where the gun was discharged - why is it that the LEO's can take my gun?
I know the rationale behind it, they suspect it could have been used in a crime, they feel the need to run the serial number, etc...however, I only have one handgun (I will buy another, but I am saving up to buy a nice fire rated safe first, so the handgun will have to wait) so if it was taken from me after a SD situation I would have no handgun until they decided to give it back! I would think they have no right to confiscate it based on:
2nd Amendment - I have a right to own a gun
4th Amendment - Illegal search and seizure - would they not have to get a warrant to get it from me? Which would require that a LEO would have to go on record stating that they think they situation was not SD, correct? I know if a search warrant was issued that I would have to give it up, but without that, why do they have a right to take a weapon? They would have no evidence that there was a crime committed - discharging a weapon in SD is not a crime. The only crime committed would be by the BG, breaking and entering, attempted assault, etc - and a handgun owned by me is not relevant to that at all.
I hope to never use my weapon in SD, I am just curious about this, I would feel especially naked if I ever used my gun in SD and then had to sleep at night with no handgun next to me for the next month!
Thanks and Hello to all!
Hi, new member here - been lurking around for a bit - I don't open carry often (I would say I don't like the attention - but I really do admire those of you who do and I would expect as I get older I will care less what others think and hopefully open carry more often) - and I have come up with a question and I figure you guys probably know that answer!
In a SD situation in my home, where the gun was discharged - why is it that the LEO's can take my gun?
I know the rationale behind it, they suspect it could have been used in a crime, they feel the need to run the serial number, etc...however, I only have one handgun (I will buy another, but I am saving up to buy a nice fire rated safe first, so the handgun will have to wait) so if it was taken from me after a SD situation I would have no handgun until they decided to give it back! I would think they have no right to confiscate it based on:
2nd Amendment - I have a right to own a gun
4th Amendment - Illegal search and seizure - would they not have to get a warrant to get it from me? Which would require that a LEO would have to go on record stating that they think they situation was not SD, correct? I know if a search warrant was issued that I would have to give it up, but without that, why do they have a right to take a weapon? They would have no evidence that there was a crime committed - discharging a weapon in SD is not a crime. The only crime committed would be by the BG, breaking and entering, attempted assault, etc - and a handgun owned by me is not relevant to that at all.
I hope to never use my weapon in SD, I am just curious about this, I would feel especially naked if I ever used my gun in SD and then had to sleep at night with no handgun next to me for the next month!
Thanks and Hello to all!