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Calguns LEOs LEOs; chat, kibitz and relax. Non-LEOs; have a questions for a cop? Ask it here, in a CIVIL manner.

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  #1  
Old 08-17-2018, 10:03 PM
Eozan Eozan is offline
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Default Gun confiscation as evidence

Hello! I am a long time lurker and first time poster looking for some info regarding an incident that i was involved in 2 years ago. I figured this would be the best place to post something like this, as i cant seem to find any answers anywhere else. So, im hoping you guys might be able to help me out.
So, 3 years ago i move into a small town in the mountains. Over the next couple of months, i realize that my neighbor isnt playing with a full deck. He screaming in the middle of the night, yelling at cars that drive by etc. I keep to myself, mind my own business etc.
One day as im driving home he stops me in my driveway and says "get out of the car motherfu*** lets fight etc" and tries to pull me out of the car. I drive past him and get in the house and lock the doors while calling 911.
As im waiting for the cops to arrive, i see him running into my front yard with a baseball bat. I grab my gun and have it ready in case he comes into my house.
By the time he got to my front door, he saw me with the gun and turned white; he ran away screaming "you're crazy man im calling the cops".
He calls the cops on me, saying i brandished a gun etc. The officer who responded first came inside my house, took a report, gave me a high five, and said good job buddy! I would have done the same thing and suggested i get a restraining order.
Ok...all is well...
20 minutes later, 2 more officers arrive. They talk to eachother and ask to see all my guns (only 2 pistols). They then say they are confiscating them as evidence, hand me property receipts and say come get them when your case is closed...in a year! So im like WTF?!

In short i get a lawyer, no charges are filed against me, its been over a year which is past the statue of limitations, so im all good on that.
I did try to get my guns back but the police station said id have to file some paperwork with the DOJ and that could take up to a year, so i signed them over to the station to be melted down.

Basically, it is what it is and that A hole is still out there.
But, could this come back to hurt me later? I did buy more guns, and i think it all blew over, but still....i dont like getting into situations like this ans not knowing.

So to my LEO friends...any advice?
Im past the statue of limitations, i did buy more guns and everything seems to be ok....but in this day and age you never know. Hell i could be on the no fly list or something!

Thanks !
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  #2  
Old 08-18-2018, 8:23 AM
P5Ret P5Ret is offline
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I'm not really sure I understand what your concern here is. Are you asking if you are going to have issues based on the story? I kind of doubt it, but then again the story itself doesn't make a lot of sense to me. I find it hard to believe that officer's or deputies working in the same small town on the same beat would not be aware of the previous call, where I'm guessing you were the victim just 20 minute's prior. You say you've been able to buy guns between then and now, so I'm not really sure why you'd think there may be an issue stemming from that one encounter.

I've never heard of a LEGR taking up to a year, nor do I know anyone who would willingly sign over there legally owned property to be destroyed without making an effort to get it back.

No offense but the everything after the first LE contact doesn't really sound right.
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  #3  
Old 08-18-2018, 8:40 AM
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First mistake - NEVER let the police inside your house.
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Old 08-18-2018, 8:41 AM
edgerly779 edgerly779 is offline
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One post and you tell us you were to lazy to file legr and llet your guns get destroyed. I don't think OP is to bright.

Last edited by edgerly779; 08-18-2018 at 9:08 AM..
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Old 08-18-2018, 9:02 AM
rcslotcar rcslotcar is offline
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Mountain people be crazy!!!!!
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Old 08-18-2018, 10:23 AM
Eozan Eozan is offline
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I appreciate the replies.
Well, that is what happened. Remember during this time i was shaken up and had a crazy amount of adrenaline and really thought this guy was coming to kill me. Also, he is 6'2 and jacked, running into my yard and up my stairs with a baseball bat is pretty scary.

As for getting the guns back i did indeed try, but on the advice of my lawyer i decided to sign them over as that might look better for my "case". However no charges were ever filed so thats good.
My question is: is there any way this could preclude me from owning/buying guns in the future?
I dont think so as ive purchased more etc but just wanted to make sure and hear LEO opinions.
Thanks so much
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Old 08-18-2018, 10:33 AM
esy esy is offline
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I suggest getting a new lawyer.
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Old 08-18-2018, 10:54 AM
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So your lawyer who should have known that no case was actually filed, gave you advise to let the agency destroy the gun's because it would look better for the nonexistent case against you? Yeah you need a smarter lawyer.

OP couple of serious question, were you cited, or arrested? Did the first officer offer to let you sign a private person's arrest, commonly known as a citizens arrest? Did your lawyer do anything other than tell you to give up your guns?
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  #9  
Old 08-18-2018, 11:30 AM
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I would not have shown my pistol to the neighbor in the first place. I would have it concealed and use it when I absolutely needed it. That aside, I wonder why it takes so long for the department to return the firearms to you. I remember when I was working, a homicide detective ask me to hurry up and test the pistol, so he could return the pistol to the owner as soon as he could..
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Old 08-18-2018, 11:32 AM
edgerly779 edgerly779 is offline
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I take it back your lawyer was antigun twit. You should have filed legr at minimum.
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Old 08-18-2018, 11:36 AM
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Quote:
Originally Posted by Tango_Down View Post
First mistake - NEVER let the police inside your house.
^^^^^^^^^^^
THIS
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Old 08-18-2018, 2:00 PM
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Quote:
Originally Posted by Tango_Down View Post
First mistake - NEVER let the police inside your house.

Only a Sith deals in absolutes.
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  #13  
Old 08-18-2018, 3:02 PM
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Quote:
Originally Posted by edgerly779 View Post
One post and you tell us you were to lazy to file legr and llet your guns get destroyed. I don't think OP is to bright.
Kinda harsh from someone who doesn't seem to know the difference between "to" and "too".
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Old 08-20-2018, 12:03 AM
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Quote:
Originally Posted by Samuelx View Post
Kinda harsh from someone who doesn't seem to know the difference between "to" and "too".
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  #15  
Old 08-20-2018, 2:39 PM
Eozan Eozan is offline
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Thanks again guys.
And no, no charges were filed, no citations, no arrests, nothing.
You know the kicker is that after all of that the guy gets off Scott free as no charges were filed against him either.
I get the sense that they are protecting him, or there is something weird going on. He is a convicted felon and served jail time, so is if they are trying to keep him out of jail or something. I don't know; the whole thing is odd.

I learned a lot from this and I'll keep it at that. I'm in the clear and no criminal charges we brought against me so, whatever....

Always nice to hear your opinions and I appreciate your advice. Ya'll stay safe out there. Can't imagine what you guys have to deal with on a daily basis.
Thanks,
Chris
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  #16  
Old 08-20-2018, 3:21 PM
CinnamonBear723 CinnamonBear723 is offline
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That whole situation seems a bit off. I agree with the others that you should really find a new lawyer and you should have gotten your guns back. Letting them be destroyed to help your case? Not sure what he was thinking when he told you that.....
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  #17  
Old 08-20-2018, 3:50 PM
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As others have said, if the Officers don't have a warrant, don't let them in. By polite, treat them professionally, even offer a cold drink on hot day, but you don't need to give up your right to privacy unless they insist. They received two calls that day, each saying they other guy was crazy, so they likely wanted to take the firearms to avoid the possibility of a gun fight. They may have asked you, mind if we take these firearms for safe keeping.... I would still ask the agency for them back, they may still be there. I agree with others comments that your attorney is anti gun. Hope things worked out with your neighbor. If you are concerned you might not pass CA DOJ paperwork, there is a form you can send in with a fee, noterized signature required, and they will do a pre check on you. Takes longer then you would think, 4-8 months.
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Old 08-20-2018, 3:55 PM
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Quote:
Originally Posted by edgerly779 View Post
One post and you tell us you were to lazy to file legr and llet your guns get destroyed. I don't think OP is to bright.
I think you mean "too bright"
He came seeking advice, and mine is speak to a lawyer.
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  #19  
Old 08-21-2018, 4:22 AM
edgerly779 edgerly779 is offline
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^^ Anything to contribute besides being a grammar critic. Would you give up your guns without trying legr? Or was that satire because of the critic from Az. Looks like he hid for a while and after letting his guns get destroyed ventured on here for advice. Just joined and this is his thrtd post, He could have received help before throwing in the towel.

Last edited by edgerly779; 08-21-2018 at 4:34 AM..
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