Saturday, June 15, 2024

What Happens To Guns Confiscated By Police

Don't Miss

Quality Journalism Doesn’t Come Free

What happens to weapons seized by police?

Perhaps it goes without saying but producing quality journalism isn’t cheap. At a time when newsroom resources and revenue across the country are declining, The Texas Tribune remains committed to sustaining our mission: creating a more engaged and informed Texas with every story we cover, every event we convene and every newsletter we send. As a nonprofit newsroom, we rely on members to help keep our stories free and our events open to the public. Do you value our journalism? Show us with your support.

What Happens To Confiscated Property After An Arrest

Once an arrest has been made, confiscated property is usually taken to the police department where it will be filed and catalogued by a clerk. The clerk will then issue a property voucher to the owner of the confiscated items. The property voucher is like a receipt and will allow the person to retrieve their property if it lawful to do so.

Public Notice Of Intent To Dispose Of Firearms

The information below identifies firearm confiscated by a Michigan law enforcement agency and turned over to the Michigan State Police pursuant to MCL 28.434 and MCL 750.239.

If you are claiming ownership of any firearm listed, please write or call within thirty days of the date of public notice. In addition to your ownership claim, you must be authorized to possess firearms.

If no valid ownership claim is received by MSP within thirty days of the date of public notice, the firearm listed above will be destroyed.

Firearm listed above are not for sale.

Contact information is listed below:

Michigan State Police

Read Also: How To Be A Reserve Police Officer

So Whats The Solution

There are many arguments on how to address the issue of firearms-related homicides in the US, but confiscation and forced buybacks should be at the very bottom of the list.

Aside from the legal issues surrounding forcibly taking away legally-owned firearms, there might not be too many members of law enforcement willing to go door-to-door demanding people hand over their guns.

Even from the few countries mentioned in this article, its pretty clear that simply banning firearms and confiscating them does not definitively have any impact on firearms-related homicides, nor homicides in general.

Ultimately, the problem to be solved is likely not a gun problem, but a crime problem in general.

Until we can all agree on the best way to address the root of the problem, the best thing we can do is to stay armed, keep practicing, and support the 2A groups that continue to protect our rights everyday.

Interested in learning more about international gun control? Let us know in the comments! Until all crime is solved, you should have your own protection with you take a look at our Definitive Guide to Concealed Carry.

Every Year Police Officers Seize Tens Of Thousands Of Rifles Shotguns Machine Guns And Other Firearms From Criminals Across The Country While Many Agencies Destroy These Weapons A Growing Number Of Police Departments Are Selling Them Instead

What happens to weapons seized by police?

And it’s not always by choice.

Since 2009, at least 11 states have passed laws that either encourage or require police departments to sell seized or recovered guns — with some banning police from destroying guns altogether, according to an exclusive CNNMoney analysis of state laws.

Such laws used to be far less common. While it’s hard to track exactly how many states have historically pushed police departments to sell seized guns, agencies in only a few states were actually forced to sell them prior to 2009. Kentucky was the first to ban the destruction of guns in 1998, a law that has served as inspiration for the recent wave of legislation.

Behind this trend are powerful special interests like the National Rifle Association , which argues that the fear of these guns getting into the hands of criminals is “absurd” and part of an anti-gun agenda. It says that by destroying guns, police departments are not only eliminating perfectly functional weapons, but also throwing away a potential source of revenue.

“Police destruction of firearms is unnecessary and wasteful,” said NRA spokeswoman Amy Hunter. “There is no reason any police department can’t resell those firearms to law abiding citizens and use the money for any number of things — infrastructure, law enforcement training, equipment, etc.”

But the NRA is facing unlikely opponents in their mission:some of the verypolice officers confiscating the guns in the first place.

Also Check: Can Police Unlock Your Car

What Gun Confiscation Would Look Like

Democratic presidential candidate Beto ORourke boasted in the last debate that he will, in fact, come for your guns. Joining him were fellow Democratic candidates, Senators Kamala Harris and Cory Booker.

The talk in some quarters switched with impressive quickness from “nobody wants to take your guns ” to “hell yes, we’re going to take your AR-15, your AK-47 .” But what those people dont understand is what a mandatory gun “buyback” more appropriately known as gun confiscation given the government never owned the guns in the first place would actually mean. It’s unprecedented, unconstitutional, and unworkable.

ORourkes call to confiscate AR-15s and AK-47s is unlike any policy ever instituted in the United States. Beto wouldnt only ban future sales of the firearms as was done in 1994 but also force millions of Americans who already legally own them to give them up or face fines, jail, or worse.

Still, its important to look at the reality of what such a proposal would require.

But it would be nearly impossibility to round up 16 million guns.

New Zealand is halfway through its gun confiscation effort, which is supported by nearly every politician in the country, and its government has seized under 20,000 firearms. Thats a compliance rate of just 10%, according to the New Zealand Herald. A similar compliance rate in the U.S. would leave more than 14 million ARs and AKs in circulation.

And what purpose would this serve?

Why is it worth doing?

Can A Police Officer Make A Copy Of Your Computer

As long as the police have a warrant, they can seize the computer and take it somewhere else to search it more thoroughly. As part of that inspection, the police may make a copy of media or other files stored on your computer.21. You do not have to hand over your encryption keys or passwords to law enforcement.

Also Check: How Long Is Police Academy Training

Destroy Or Sell Some States Sell Confiscated Guns Should St Louis Do The Same

ST. LOUIS — Each year, thousands of guns are seized by law enforcement all around the St. Louis region.

But have you ever wondered what happens to those guns afterwards?

Other states have started requiring police departments to sell them back to the public. So are guns in the St. Louis area making their way back to the streets?

Police tell News 4 theyre seizing guns nearly every single day. But it’s even more than you might think: St. Louis County seized 1,170 guns last year. St. Louis city seized 2,600.

Our News 4 cameras got a rare look behind the scenes to find out what happens to many of the guns seized by St. Louis police. Those which might have been used in a crime are taken to the firearms labs for testing and analysis.

They are sometimes test fired into a giant water tank and then examined, to see if police can make a match, and potentially solve a crime.

The guns might then be used as evidence at a trial. If not, they may be stored for years.

But what happens to them after all of that has become a target of controversy.

Eleven states, including neighboring Kansas, have recently passed laws pushing police to sell them, in most instances.

But that makes some agencies near us uneasy.

We are concerned about the criminals getting more guns in their hands, said St. Charles County Police Capt. David Tiefenbrunn. He says his department’s decision is to destroy them.

Thats not an option according to Capt. Tiefenbrunn.

Not Very Effective Eh

Guns seized by police have different rules for different departments

While the number of firearms-related homicides in Canada is relatively low compared to other countries, studies conducted regarding the laws passed in 1991 regarding rifles concluded that the law itself was not related to firearms homicides.

Despite the lack of evidence showing any effect laws have had on reducing the number of firearms-related homicides, the Canadian government nonetheless has plans to begin a buyback of semi-automatic rifles in 2020.

You May Like: How To Become A Police Officer In Huntsville Alabama

Where Can I Buy Guns Seized By Police

Firearms that were seized by police went up for auction at 8 a.m. today, Feb. 23, 2017. The guns are available for inspection at On Target Guns & Gunsmithing located at 6984 W. Main St. in Kalamazoo. All sales are made through the Federal Firearms License of On Target. Mark Bugnaski |

Once an arrest has been made, confiscated property is usually taken to the police department where it will be filed and catalogued by a clerk. The clerk will then issue a property voucher to the owner of the confiscated items. The property voucher is like a receipt and will allow the person to retrieve their property if it lawful to do so.

They have been issued because of threats of mass violence at schools and workplaces. They also are regularly ordered in cases of domestic violence, suicide threats and a vast range of mental health issues brought to light by troubling words and deeds. In Hillsborough County, a woman pointed her rifles red laser at a neighbor, fired and laughed.

Admission To Mental Health Facilities

Under Illinois law, any mental hospital that admits a person as an inpatient pursuant to the Mental Health and Developmental Disabilities Code must confiscate any firearms in the persons possession at the time of admission, or at any time the firearms are discovered in the persons possession during the course of hospitalization.17 The hospital must, as soon as possible following confiscation, transfer custody of the firearms to the appropriate law enforcement agency, and give written notice to the person from whom the firearm was confiscated of the identity and address of the law enforcement agency to which it has given the firearm. The law enforcement agency must maintain possession of any firearm it obtains pursuant to this subsection for a minimum of 90 days, and then dispose of the firearm after that period pursuant to state law.18

You May Like: How To Check Police Report

Curiosity Club: What Do Police Do With Confiscated Items

For our Curiosity Club series, paNOWhas asked you, our readers, to guide our reporting by telling us what youre wondering about. In this edition, well answer a question from a Facebook user who wants to know what police do with confiscated items.

Every year the Prince Albert Police Service seizes hundreds of thousands of dollars worth of stolen and illegal goods, but what happens to it all?

As Constable Derek Simonson told paNOW, that depends on the item and the case.

There are federal and provincial statutes that guide us in seizing property, Simonson said. And we need to follow those laws to know how to properly seize and handle that property, and most importantly return it back to the rightful owner if we can at the end.

Can A Law Enforcement Officer Confiscate A Gun

What happens to weapons seized by police?

Statute May or Shall Authority Authority to Remove Ammunition Requires Arrest of Alleged Abuser Requires that a Gun be Used or Threatened in the DV Incident Eligible Guns: In Plain View or Pursuant to Consensual Search Requires that Gun Expose Someone to Danger Eligible Guns: Guns Used in DV Incident or All Guns ALASKA

Recommended Reading: How To Enter Police Academy

Can A Police Officer Confiscate Your Firearm

It is not uncommon in domestic violence matters, as well as drug offenses, that police officers will confiscate a suspects firearms when making the arrest. Getting the firearms back if the case is not filed, is dismissed or is ultimately resolved can be vital to the defendant keeping his or her job.

Gun Confiscation By Police On The Rise Coast To Coast

Listen To The Article

Image source:

The confiscation of guns from citizens by police in the United States is more common than most people think. Recent news reports reveal that incidents of questionable firearms seizures occur all over the country and are on the rise.

Just as disturbing, it is common for police to seize and keep weapons even if no criminal charges are filed, or if the case if dismissed.

Eric Lee of Dekalb County, Georgia, bought a gun because he was worried about break-ins at his furniture store. He was arrested one night outside his store for loitering and carrying a gun on his property. He had a permit.

They just pulled in and said, What is going on? What is going on? Hands up, Anybody have any weapon? I said I have a gun. They just grabbed me, took my gun and threw me in the car, Lee said.

A judge dismissed the case and apologized, but Lee still doesnt have his gun back. He has filed a federal lawsuit.

Hes not looking to retire off this or harm the taxpayers, he is looking for some kind of accountability, attorney Shannon Briley-Holmes told WSB-TV.

A Problem Across The Country

Washington is particularly angry because prosecutors never filed charges against him. Police had arrested Washington for being intoxicated and carrying a gun. He just happened to be in a location where a shooting had occurred.

His attorney, though, said he had not been drinking.

Law Protects Gun Owners

Also Check: How To Get My Police Record

New Law Regarding Disposal Of Seized Guns

When the police seize a gun in the course of an investigation, what becomes of it after any resulting court case concludes? A recent legislative enactment has changed the most common answer to that question and may leave a significant number of weapons in limbo.

Prior law. Until recently, G.S. 15-11.1 provided that once the district attorney determines the firearm is no longer necessary or useful as evidence in a criminal trial, the prosecutor should seek a court order disposing of the gun in one of the following ways:

  • Returning it to the rightful owner, if the owner isnt the defendant and didnt know of the defendants intention to use the gun illegally.
  • Returning it to the defendant, if he is the owner and lawfully may possess firearms, but only if the defendant is not convicted of any criminal offense in connection with . . . the firearm.
  • Destruction by the sheriff.
  • Turning it over to a law enforcement agency for its use or so that it may sell or trade the gun to a licensed dealer, with the proceeds, in the case of a sale, going to the public schools. This option is available only upon the written request of the agency head.

G.S. 14-269.1 contains a generally similar list of options, minus the option of returning the gun to the defendant, that applies when a defendant has been convicted of a weapons offense. My impression is that the most popular option by far has been destruction by the sheriff.

Guns Seized By Police Have Different Rules For Different Departments

What happens to evidence after it’s seized by police?

FAIRWAY, KS — Every year police departments across the nation confiscate about a million firearms.

Some will become key pieces of evidence. The rest are either eventually stored, destroyed or sold.

How departments make the choice is often dictated by state law.

The Kansas City, Missouri, Police Department has destroyed weapons for decades.

We are taking guns off the street for a reason, Captain Christopher Sicoli said. If its been used in a crime or someone doesnt want it anymore. We are going to destroy it.

KCPD wont publicly reveal where and how guns are destroyed for security reasons.

Nationwide, many departments turn to a Missouri company called Gunbusters where they crush and pulverize weapons.

But, police departments in almost a dozens states sell guns back through licensed gun dealers. They have no choice because its mandated by state law. That has been the case for Kansas police departments since 2014.

The Kansas City, Kansas, Police Department declined to do an interview about selling confiscated weapons. They provided this information about the recent years sales.

Police gun sales have sparked controversy across the nation as people debate gun control. Gun advocates take the position that the weapons are a commodity and legally selling them makes more sense than simply destroying them. It can be a way to generate funds for police departments.

KCKPD reports the raised more than $128,000 in 2018.

Don’t Miss: How To Be A Police Officer In Las Vegas

How To Get Back Property Held By Police For Evidence

The police might seize all sorts of evidence in a criminal investigation, from the accused’s own property to that of his family, employer and even the victim the owner does not have to be charged with a crime to have his phone, gun or other property held. You are always entitled to your property back when the case if finished. The only questions are how, and when.

What To Do If Your Gun Is Lost In Police Custody

If a Firearm has been lost or damaged in Police custody you shall need to have the firearm valued. If the firearm has been recently valued for insurance purposes you are lucky, as you can use that valuation, if not, it shall be necessary to get a valuation by a person with experience in the gun trade that advises of the following:

Recommended Reading: How To Report Information To Police

More articles

Popular Articles