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I have a case in which the police seized firearms from the same paranoid delusional guy twice in the same 24 hour period. Is there any special provision that permits that absent an arrest or a search warrant due to the guy being crazy?
 
Posts: 280 | Location: Weatherford, Texas | Registered: March 25, 2002Reply With QuoteReport This Post
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did the guy agree to let the officers take the weapon(s) for safety?
 
Posts: 145 | Location: Bryan/College Station | Registered: April 23, 2003Reply With QuoteReport This Post
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Actually, he didn't agree. He just went and got another weapon. Then when they seized that, he made a pair of zip guns out of pipes (he's a pipefitter) and loaded them with shotgun shells. Good design too, they worked when we tested them.
 
Posts: 280 | Location: Weatherford, Texas | Registered: March 25, 2002Reply With QuoteReport This Post
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I cannot think of a legal reason to take the firearm short of a crime unlawful possession of a firearm. We are a rural area and have done similar actions but usually can get his family involved. Usually we can work it out one way or another.
 
Posts: 106 | Registered: January 29, 2003Reply With QuoteReport This Post
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If you don't take or make arrangements to get weapons away from a person - is it something that could be headline news when he kills someone or himself with it?

I asked if he agreed because the PD I used to work for would get the guy (DV offender or MHMR subject) to agree to let us take his wepaons for safety purposes, or get their family to agree. They were given a receipt and told they could (if they were legal weapons) come later and reclaim them. On DV's the victim almost always agreed to let us take the offender's weapons for safekeeping. Another alternative would be to get him to agree to have a relative or friend come and take the weapons away to their house.

In your case, the zip gun is a prohibited weapon. I think the officers need to sieze it as evidence of the PPW whether or not charges are filed against him, and let us the prosecutors make the call.
 
Posts: 145 | Location: Bryan/College Station | Registered: April 23, 2003Reply With QuoteReport This Post
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