airbornecpa wrote: ↑Tue Oct 20, 2020 4:12 pm
...
What is the duty of the police to return firearms to a convicted felon?
As I read this
article, the police officer who responded to the first incident of the weekend did not confiscate a firearm, he took six rounds Manzano was carrying in his pocket. The police officer found no firearm (which was apparently later determined to be in a safe), and his report said there was no violation of law, no assault, and no threat. This was the same officer who was wounded in the incident where the sergeant was fatally wounded.
Manzano was arrested in May 2001 for felony assault causing bodily injury to a family member. He completed two years of deferred adjudication and the charge was dismissed. He had other arrests and convictions for assault, but it looks like all were misdemeanors.
It appears to me that
under Texas law the police had no legal power to confiscate bullets nor a handgun anyway, barring any other violation.
Under Texas law a convicted felon may legally possess a firearm at the location where he lives after the fifth anniversary of his release from confinement, parole, community supervision, or mandatory supervision.
So, it appears the DA declined charges for the first incident because did not bring in any evidence of criminal violation. There would be no reason to retain the individual's property, e.g. bullets (or a firearm if one was found) because there was no criminal violation found.
If it turns out the article I linked was wrong, or more information comes to light, then that's a new situation, and I have no love for Kim Ogg, but I don't think we want her filing charges against people if the police don't bring any evidence of a crime.
I haven't seen any reports that the police reported to federal authorities that Manzano might possess a firearm or ammunition, which I think would be a violation under Federal law.