TDCAA Community
Seizing weapons from crazy people

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/699108303

October 25, 2004, 23:32
Jeff Swain
Seizing weapons from crazy people
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?
October 26, 2004, 10:01
RT
did the guy agree to let the officers take the weapon(s) for safety?
October 27, 2004, 08:43
Jeff Swain
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.
October 27, 2004, 10:14
Randal Lee
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.
October 27, 2004, 12:20
RT
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.