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Thread: Portland PD Confiscates Lawfully Possessed Concealed Firearm

  1. #1
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    Portland PD Confiscates Lawfully Possessed Concealed Firearm

    JUST RECEIVED FROM A CLIENT THAT HAPPENS TO BE A SGT. IN THE USAF

    Hi Paul,

    I just talked with you about a very serious automobile accident I was involved in. My concealed firearm was taken by the PPD while I was unable to resist or object to their actions. At the time, I was in possession of my CCW permit and when I went to recover my property the next day, I was told when I arrived that I would not be issued my firearm. In addition, the police dept. was, to say the least not very forthcoming in regard to the return of a rightfully owned and was going to take weeks to recover my HK .45 USP as well that I would have to meet with a specific officer? I would very much like to have my sidearm returned to me without any further delay or negative repercussions on their part as well in a timely fashion. Of key note here: There was no violation of anykind, no ticket(s) or other infractions were issued at the time of the incident or after, there was no law broken before during or after this accident. I am very concerned about why the Police would even take my rightfully owned, secured and concealed firearm. Thank you so much Paul, in advance for any assistance in this matter.
    Paul J. Mattson
    NRA Certified Instructor / RSO
    #63731855
    Maine CWP Training
    101 Main St.
    Harrison, ME 04040

    www.mainecwptraining.com

    (207) 583-4723
    CELL 232-7063

  2. #2
    Regular Member crdonov's Avatar
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    Quote Originally Posted by Maine CWP Training View Post
    JUST RECEIVED FROM A CLIENT THAT HAPPENS TO BE A SGT. IN THE USAF

    Hi Paul,

    I just talked with you about a very serious automobile accident I was involved in. My concealed firearm was taken by the PPD while I was unable to resist or object to their actions. At the time, I was in possession of my CCW permit and when I went to recover my property the next day, I was told when I arrived that I would not be issued my firearm. In addition, the police dept. was, to say the least not very forthcoming in regard to the return of a rightfully owned and was going to take weeks to recover my HK .45 USP as well that I would have to meet with a specific officer? I would very much like to have my sidearm returned to me without any further delay or negative repercussions on their part as well in a timely fashion. Of key note here: There was no violation of anykind, no ticket(s) or other infractions were issued at the time of the incident or after, there was no law broken before during or after this accident. I am very concerned about why the Police would even take my rightfully owned, secured and concealed firearm. Thank you so much Paul, in advance for any assistance in this matter.


    thats not right!!!!!!!!!!!!!!!!!!!

    xd-over

  3. #3
    Moderator / Administrator Grapeshot's Avatar
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    Contact an attorney immediately.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    This is wrong. Confiscation of property. Is the chief involved in any way?

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    When PPD took my firearm subsequent to my arrest 3 years ago, it took me about 3 weeks after charges were dropped for me to get my firearm returned. I didn't get results until I threatened lawsuit. Their excuse was that they had to run a background check on me before they could return my firearm to make sure I could legally possess it. Then their excuse was that there was only ONE person that had a key to the evidence locker and that she was only there from 6am-2pm weekdays. (This happened to conveniently align with my work schedule precluding me from retrieving my firearm)

    I ended up leaving a voice mail threatening to report my firearm to the BATF as stolen by the department and threatening a lawsuit. A senior detective then called me to set up a meeting to retrieve my firearm quickly.

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    I HEARD BACK FROM THE JUDICIARY COMMITTEE BUT STILL NO WORD FROM THE CHIEF

    Since he has a concealed carry permit i am assuming that they ran a background check at the accident and found no record or outstanding warrants. If that is the case there is no legal standing as far as I know for them to confiscate it and then not return it. if he was incapacitated during the accident then they could secure the weapon until he requested it's return however they have no legal authority in Maine to keep it and not return it.

    I would be happy to contact the Chiefs office in regards to this matter if you would like but will need more info prior to doing so. I'm in my Augusta office today till 1530 the number is 287-5319

    all the best

    Rich Cebra
    Paul J. Mattson
    NRA Certified Instructor / RSO
    #63731855
    Maine CWP Training
    101 Main St.
    Harrison, ME 04040

    www.mainecwptraining.com

    (207) 583-4723
    CELL 232-7063

  7. #7
    Moderator / Administrator Grapeshot's Avatar
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    When the person has not been involved in a crime, do they confiscate his/her vehicle until the numbers are run and make them jump through myriad hoops and threaten suit before they give it back weeks or months later? What is the difference between the two pieces of personal property that one should be seized and the other not?

    The answer is of course that there is no difference. It is exercise of of bias against the lowly ones that dare to conduct themselves on this manner and it is WRONG. There needs to be individual accountability more often for those that would violate our rights. You want to seize my property - get a warrant.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    AirForce Sgt. Client, in Lieu of Maine CWP Training:

    The City of Portland is up to its Old Tricks again..., however; I would Sue them!

    The Maine Constitution States:
    Section 5. Unreasonable Searches Prohibited. The People Shall be Secure in Their Persons, Houses, Papers and Possessions from All Unreasonable Searches and Seizures; and No Warrant to Search any Place, or Seize any Person or Thing, Shall Issue, without a Special Designation of The Place to be Searched, and The Person or Thing to be Seized, nor Without Probable Cause -- Supported by Oath or Affirmation.
    Section 16. To Keep and Bear Arms. Every Citizen has a Right to Keep and Bear Arms and this Right shall Never be Questioned.

    This is Gounds for BOTH a State LawSuit AND a Federal LawSuit!

    aadvark
    Last edited by aadvark; 01-08-2011 at 03:16 PM.

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    I would suggest sending your the letter to our new Governors Office. They may find it very interesting. It certainly can't hurt and would get the Portland PD attention if called by the Governors Office. Cheaper then a lawyer. You may also want to call Police Chief that issue permit.
    Last edited by jonjon_jon; 01-08-2011 at 03:54 PM.

  10. #10
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    Quote Originally Posted by Maine CWP Training View Post
    JUST RECEIVED FROM A CLIENT THAT HAPPENS TO BE A SGT. IN THE USAF

    Hi Paul,

    I just talked with you about a very serious automobile accident I was involved in. My concealed firearm was taken by the PPD while I was unable to resist or object to their actions. At the time, I was in possession of my CCW permit and when I went to recover my property the next day, I was told when I arrived that I would not be issued my firearm. In addition, the police dept. was, to say the least not very forthcoming in regard to the return of a rightfully owned and was going to take weeks to recover my HK .45 USP as well that I would have to meet with a specific officer? I would very much like to have my sidearm returned to me without any further delay or negative repercussions on their part as well in a timely fashion. Of key note here: There was no violation of anykind, no ticket(s) or other infractions were issued at the time of the incident or after, there was no law broken before during or after this accident. I am very concerned about why the Police would even take my rightfully owned, secured and concealed firearm. Thank you so much Paul, in advance for any assistance in this matter.
    As long as they have your gun, YOU are in the driver's seat - don't ask for it back, find an attoney and file a Section 1983 lawsuit on a contingency basis against the police for failing to provide you due process - when the government seizes your property, they owe YOU due process; notice and opportunity to be heard - it's on them.

  11. #11
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    My attorney has over 30 years of firearms law experience. Here is his recommendation:

    Paul:

    If he was "out of it", I can see removing the firearm from the car. I can see putting it in inventory. I can see running it and demanding ID. What I cannot see is a refusal to give it back after running it on "Maine Missing and Wanted" database.

    He should go to the AG's office and complain about theft of a firearm and deprivation of his civil rights. Again, that's assuming the story is as he says.

    He should go also go in to Portland PD with his CWP, a ten-print fingerprint card and a reporter. that might get some action. Finally, his commanding officer might assist thru channels formal or informal.
    Paul J. Mattson
    NRA Certified Instructor / RSO
    #63731855
    Maine CWP Training
    101 Main St.
    Harrison, ME 04040

    www.mainecwptraining.com

    (207) 583-4723
    CELL 232-7063

  12. #12
    Regular Member Gunslinger's Avatar
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    Talk to your JAG. If you're active duty, that's what they're for. And it's free.

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    THIS IS GOOD INFORMATION HE COULD HAVE RECEIVED WHEN HE ARRIVED TO PICK UP HIS FIREARM LAST WEEK.

    THANK YOU,
    PJM


    I have researched the incident you refer to in your email to Chief Craig. Mr. Adam Morton was involved in a car accident on January 3, 2011 and was carrying a firearm on his person at the time (case number 2011-000103). He required treatment at Maine Medical Center for injuries received in the accident. The firearm was taken from Mr. Morton at his request, presumably because he could not be treated a the hospital while carrying it. We are holding the firearm in our property system. It can be returned to Mr. Morton after he completes a form requesting the return and we verify he is not a prohibited person. This process is part of our regular operating rules and should not take more a than a few days at most.

    I would be happy to speak with Mr. Morton directly. Feel free to share my contact information with him. I hope he is feeling well and recovering from his injuries.

    Respectfully,
    Commander Vernon Malloch
    Uniform Operations Group
    Portland Police Department
    207.874.8548
    vwm@portlandmaine.gov


    Paul J. Mattson
    NRA Certified Instructor / RSO
    #63731855
    Maine CWP Training
    101 Main St.
    Harrison, ME 04040

    (207) 583-4723
    CELL 232-7063
    Paul J. Mattson
    NRA Certified Instructor / RSO
    #63731855
    Maine CWP Training
    101 Main St.
    Harrison, ME 04040

    www.mainecwptraining.com

    (207) 583-4723
    CELL 232-7063

  14. #14
    Moderator / Administrator Grapeshot's Avatar
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    Nice enough letter, but what statutory justification for their "rules"?

    Seems they are imposing extra -legal hoops to which I would not submit.
    They already know who he is and whether there is a problem with his record.
    His gun should be returned to him w/o further adieu.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  15. #15
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    He is rightfully worried of the custody/condition of his firearm as the PD didn't have a clue how the holster functioned.
    Paul J. Mattson
    NRA Certified Instructor / RSO
    #63731855
    Maine CWP Training
    101 Main St.
    Harrison, ME 04040

    www.mainecwptraining.com

    (207) 583-4723
    CELL 232-7063

  16. #16
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Maine CWP Training View Post
    He is rightfully worried of the custody/condition of his firearm as the PD didn't have a clue how the holster functioned.
    I understand the practical issue of doing what would seem to be expediant to recover it in the shortest time possible. Doesn't change a thing though about such procedures being any more excusable though.

    What would be nice is to have an attorney walk in there with him and demand the return of his gun NOW. That is where having more than one carry gun is such a benefit - yes that is a luxury that all cannot afford.

    Perhaps he will follow up with more direct action after the fact.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  17. #17
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    Quote Originally Posted by Maine CWP Training View Post
    THIS IS GOOD INFORMATION HE COULD HAVE RECEIVED WHEN HE ARRIVED TO PICK UP HIS FIREARM LAST WEEK.

    THANK YOU,
    PJM


    I have researched the incident you refer to in your email to Chief Craig. Mr. Adam Morton was involved in a car accident on January 3, 2011 and was carrying a firearm on his person at the time (case number 2011-000103). He required treatment at Maine Medical Center for injuries received in the accident. The firearm was taken from Mr. Morton at his request, presumably because he could not be treated a the hospital while carrying it. We are holding the firearm in our property system. It can be returned to Mr. Morton after he completes a form requesting the return and we verify he is not a prohibited person. This process is part of our regular operating rules and should not take more a than a few days at most.

    I would be happy to speak with Mr. Morton directly. Feel free to share my contact information with him. I hope he is feeling well and recovering from his injuries.

    Respectfully,
    Commander Vernon Malloch
    Uniform Operations Group
    Portland Police Department
    207.874.8548
    vwm@portlandmaine.gov


    Paul J. Mattson
    NRA Certified Instructor / RSO
    #63731855
    Maine CWP Training
    101 Main St.
    Harrison, ME 04040

    (207) 583-4723
    CELL 232-7063
    It seems to me they are violating state preemption by requiring things not required under state law in order to return the firearm.

    2. Regulation restricted. Except as provided in subsection 3, no political subdivision of the State, including, but not limited to, municipalities, counties, townships and village corporations, may adopt any order, ordinance, rule or regulation concerning the sale, purchase, purchase delay, transfer, ownership, use, possession, bearing, transportation, licensing, permitting, registration, taxation or any other matter pertaining to firearms, components, ammunition or supplies.

  18. #18
    Regular Member crdonov's Avatar
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    did he ever get his firearm back???

    xd-over

  19. #19
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    It was returned after he signed a form stating there was no Protection From Abuse / Harassment Order against him. No such form was offered on his first visit. They had his license number and Permit number ~ you'd think they could run a check eh?
    Paul J. Mattson
    NRA Certified Instructor / RSO
    #63731855
    Maine CWP Training
    101 Main St.
    Harrison, ME 04040

    www.mainecwptraining.com

    (207) 583-4723
    CELL 232-7063

  20. #20
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Maine CWP Training View Post
    It was returned after he signed a form stating there was no Protection From Abuse / Harassment Order against him. No such form was offered on his first visit. They had his license number and Permit number ~ you'd think they could run a check eh?
    Wonder when that form was created?
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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