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View Full Version : question about ammo confiscation


juicemansam
03-18-2010, 12:01 AM
I remember a post about somebody getting pulled over and the LEO confiscated both the firearm and ammo because they (the LEO) weren't sure about the legality of the firearm. The ammo was lost because it wasn't the departments policy to return ammo, only firearms.

Well my question is about ammo confiscation. Can ammo be confiscated along with a firearm, for a traffic stop, like going to BLM land for a shoot and being stopped afterwards for looking cock-eyed in a no-cocked-eyed-zone? What about at home, say a firearm gets confiscated because of ignorance of the law by LEO's and they take the ammo as well?

I'll be asking these questions to the PD and SD when I get a chance, but it definitely bothers me that one can lose their ammo and not get it back, especially because it's a way to disarm us.

Seesm
03-18-2010, 9:57 PM
I bet it is one of those things that "just happens" and if you think you can do anything about it, your kidding yourself...

JDay
03-18-2010, 10:50 PM
I'm pretty sure you can make them pay you the value of the ammo if they don't return it. Fourth amendment and all.

GrizzlyGuy
03-19-2010, 7:45 AM
Per 12316 (http://law.onecle.com/california/penal/12316.html), people prohibited from owning or possessing firearms are also prohibited from possessing ammunition. If a LEO believed you to be a prohibited person, he may confiscate the ammunition as well. From 12316:

b) (1) No person prohibited from owning or possessing a firearm
under Section 12021 or 12021.1 of this code or Section 8100 or 8103
of the Welfare and Institutions Code shall own, possess, or have
under his or her custody or control, any ammunition or reloaded
ammunition.

ZombieTactics
03-19-2010, 7:58 AM
AFAIK/IANAL:
There is no provision in law which would allow them to simply ignore you after it has been established that there has been no law broken or no cause to file charges. They must either - at some point - return your property or pay the fair-market value of that property. What you need to go through to make that happen varies widely from dept. to dept.

You should be aware that many LEO really don't have a clear distinction in their heads between "dept. policy" and "the law". Sometime they need to be reminded, and sometimes this requires significant effort/expense.