So assuming for a sec, it was not a suicide attempt but the officers properly took the weapons as a departmental CYA deal, just because of the way the call came out (overdose).gigag04 wrote:They took them for safe keeping, and it was not any type of forfeiture - it falls under the community policing function of law enforcement and it is legal. The call most likely came out as an overdose, and as such, there is a possibility that the subject is suicidal. If the guns aren't taken for safekeeping, then the dept can get sued for gross negligence. It is a double edged sword. As much as we might think it silly, it is justifiable in the courts, and it is ultimately for safety - and a little bit of a CYA for the local depts from sue happy families of successful suicides. It will be a pain, and it was unlucky, but just go get a medical (physical and mental) clearance, and go pick them up.
The victim here, did not ask to be saved from them self's, did not need to be safeguard from there legally owned weapons, and the weapons were taken without permission from that victims home.. And the Official response is,, The victim now has to go though the embarrassing and financial hassle, assuming the burden of proving they are sane and physical cleared (what ever that means,, since when is there a law requiring a physical health minimum to own or posses a weapon?)
Again assuming the officers took the weapons with best (if not misguided) intentions, why should the financial , emotional and physical burden fall on the victim in this case?
This concerns me, almost as much as the "Ignorance of the law is no excuse" unless of course your a LEO, DA or Judge.
