Surrendered weapon after Motor Vehicle Accident

[v-rog]

I'll rephrase my previously banned post. It would be nice to hear a little about the OP's background and some introductory comments.

[Purplehood]

Perhaps the OP simply realized that there was more of a legal-issue going on here than he realized and got a lawyer that told him to clam-up.

[boba]

Why did he give it to the cop in the first place? That's what I can't figure out.

[C-dub]

Why did he give it to the cop in the first place? That's what I can't figure out.

He was in an MVA and being taken to the hospital by ambulance. My guess is that there wasn't anyone else like a family member or friend that it could have been given to, so he THOUGHT the responding officer would take control of it and he would get it back as soon as he could go down and claim it as the officer told him.

Oops!

[Photoman]

Highly suspect there is more to the story than what we're getting here. If it were department policy to confiscate every CHL gun and run two month long "tests" I think we would have heard about this before now.

[wgoforth]

Highly suspect there is more to the story than what we're getting here. If it were department policy to confiscate every CHL gun and run two month long "tests" I think we would have heard about this before now.

Dunno, this matches what I have been told is going on in Dallas.

[PappaGun]

Dunno, this matches what I have been told is going on in Dallas.

Really? What is going on in Dallas?

[Jumping Frog]

The El Paso Police Department is begging you to go get a temporary restraining order against them. I say you oblige them.

What he needs is a Writ of Mandamus from the court that compels the department to return the firearm.

Unless of course he bought the gun used and it was previously reported stolen . . . . or used in a crime.

[AEA]

That's exactly what he needs.
What I don't get is why he needs anything (assuming all is legal).
Why is the TSRA not all over these types of actions by various Departments? This should not be happening (assuming it actually happened in the first place) especially not in Texas!

[wgoforth]

Dunno, this matches what I have been told is going on in Dallas.

Really? What is going on in Dallas?

I had mentioned that I asked the CHLPP coverage rep if anyone had yet actually used their services, given Texas gives a level of immunity for self defense shootings. He said yes, about 3-4 a month. I thought the services were only for self defense use, so I was shocked by the 3-4 and said "Really???" He said that they have to send their lawyer to Dallas to get peoples guns back. That it is their SOP in an accident or illegal parking, when a vehicle gets towed, the gun is confiscated. Then when the owner asks for it back, they are told it is held to check it against crimes committed. Which he says, they never do, it is just held. He said their lawyer goes to get them back with assurance if they ever need to check it for a crime, they will bring it back.

[RPB]

Dunno, this matches what I have been told is going on in Dallas.

Really? What is going on in Dallas?

I had mentioned that I asked the CHLPP coverage rep if anyone had yet actually used their services, given Texas gives a level of immunity for self defense shootings. He said yes, about 3-4 a month. I thought the services were only for self defense use, so I was shocked by the 3-4 and said "Really???" He said that they have to send their lawyer to Dallas to get peoples guns back. That it is their SOP in an accident or illegal parking, when a vehicle gets towed, the gun is confiscated. Then when the owner asks for it back, they are told it is held to check it against crimes committed. Which he says, they never do, it is just held. He said their lawyer goes to get them back with assurance if they ever need to check it for a crime, they will bring it back.

Good to know ... Thanks

[Photoman]

Dunno, this matches what I have been told is going on in Dallas.

Really? What is going on in Dallas?

I had mentioned that I asked the CHLPP coverage rep if anyone had yet actually used their services, given Texas gives a level of immunity for self defense shootings. He said yes, about 3-4 a month. I thought the services were only for self defense use, so I was shocked by the 3-4 and said "Really???" He said that they have to send their lawyer to Dallas to get peoples guns back. That it is their SOP in an accident or illegal parking, when a vehicle gets towed, the gun is confiscated. Then when the owner asks for it back, they are told it is held to check it against crimes committed. Which he says, they never do, it is just held. He said their lawyer goes to get them back with assurance if they ever need to check it for a crime, they will bring it back.

Gee... You'd think the ACLU would be all over something like that. HAHAHAHAHAHAHAHAHA!

[rm9792]

I had an accident (rearended by a drunk) before I had a chl, I told HPD it was in the car so it wouldnt "disappear" after being towed. They held it till I left the hospital and gave it back in the HPD parking lot, not 3 hours later. It was unloaded into a baggie but no issues.

[srothstein]

I am more surprised at rm9792's getting his back int he parking lot than at Ash's story. From a police point of view, I think most of the story is explainable and proper. The two month delay is the only part that is not proper.

A police officer who comes into control of property must place it in safekeeping. This includes all property from a person for whatever reason, such as impounded cars from an accident, recovered stolen property, personal property from a suspect that is not evidence, etc. In this case, that includes the weapon from an accident victim that is being transported to a hospital, especially if the victim voluntarily turned it to the police.

In most large cities, the police department works out of small substations with a central headquarters. The property room may be only at the headquarters. Int his case, it is reasonable that the accident victim would have to go to the downtown station property room to get their property back. Many property rooms also only work Monday through Friday from 8 to 5.

So, I can see where it is reasonable that there may be a delay of a couple days (over the weekend type of thing) to get the gun back and the victim may need to go downtown. I can see requiring proof of ownership but a background check is not required since they are not a licensed dealer (unless they got a license to sell their old department weapons when they buy new ones). The ballistics check may be legal but is unnecessary unless a serial number check showed something about the gun).

[rm9792]

I met them at the station on the edge of downtown, I think it is a main station or something. Officers were very cool about it. The drunk peed all over the inside of their car so they were more concerned about him, but not in a good way....