User Panel
Posted: 4/9/2014 9:49:45 PM EDT
So... One of my employees calls me tonight in tears. She is 30yo, she went to break up with her boyfriend this evening and to get her car back (which he had been driving). When she got there, he dragged her into the house and smacked her around, bruised her up and threw her over a couch. All this in front of her 12yo son. She still insisted she was done and asked for her keys back. He then stormed out, drove away with her car and took the keys to the other car she had driven over. She called 911 and after lots of crying and some yelling she finally got local LE to respond. After two hours they finally agreed to file a report on the stolen vehicle (nothing on the assault). When they asked her to come to the station, she gave them her ccw to hold. (It was in the car she was driving, not on her person when she went in). When they had finished with the report, they told her they were going to keep the gun and she could call tomorrow and find out when they may give it back. This begs the question, on what legal grounds did they seize it in the first place, 2nd what the hell are they thinking, taking her only means of self defense? Anyone know the laws regarding this? I'm fairly versed in MO self defense law and as I read it, LEOs cannot confiscate a firearm unless the person is being accused of a crime. And it seems a colossal lack of common sense to take a gun from a woman whose just been attacked by a nut case. Any thoughts here?
|
|
I'd say you loan her a carry gun til it gets returned.
I also say that you get her to file charges on assault and if they refuse contact ky3 about the cops not protecting or serving. |
|
If she has any problem getting the LEO's involved, have her mention Castle Rock v Gonzales and have her ask if they are also going to wait for him to do something stupid before they do anything based upon her charges of assault and grand theft auto.
She asked for him to give her the car back. If he is not on the title, it's not his in any way shape or form. Theft is theft, especially if he had to batter her in order to do it. |
|
They'll probably claim she was mad and they feared she'd seek revenge. She ask them to document reason for confiscation.
This is the time she needs it most, maybe give her a long, interest free, loan? |
|
Where was it? Sheriff or local? If local call Sheriff, if Sheriff call Highway Patrol? I'm just throwing things out, I really have no idea what to do.....well, except talk to a lawyer.
|
|
|
Quoted:
I'd say you loan her a carry gun til it gets returned. I also say that you get her to file charges on assault and if they refuse contact ky3 about the cops not protecting or serving. View Quote Done. I am encouraging her to hire a lawyer this morning, we'll see what he says about the refusal to press assault charges. |
|
|
Quoted:
They'll probably claim she was mad and they feared she'd seek revenge. She ask them to document reason for confiscation. This is the time she needs it most, maybe give her a long, interest free, loan? View Quote They did tell her they didn't want her to go back and shoot him, even though she had just had the crap kicked out of her. Dumb asses |
|
|
Something doesn't pass the "smell test". First I would try and contact the CLEO for the Department, failing any results there, call the Missouri AG's office.
|
|
Quoted:
Quoted: When they asked her to come to the station, she gave them her ccw to hold. Oops. View Quote View All Quotes View All Quotes Quoted:
Quoted:
How did the cops know about the gun in the first place ? When they asked her to come to the station, she gave them her ccw to hold. Oops. I'm curious as to how that all went down. If it were me, I hope I would have enough presence of mind to get a ride home first before going to the station. ETA: answers were given while I was typing my post apparently. |
|
Also, hope she realizes how the gun in her car is the same as a gun at home. On your person is best.
|
|
Taking the piece inside the PD or Sheriff's office is a big no-no, I hope you can get it straightened out. Best, Rob
|
|
|
Quoted: Aparently, so is having a gun to defend yourself against a known attacker. View Quote View All Quotes View All Quotes Quoted: Quoted: Taking the piece inside the PD or Sheriff's office is a big no-no, I hope you can get it straightened out. Best, Rob Aparently, so is having a gun to defend yourself against a known attacker. |
|
Quoted:
Taking the piece inside the PD or Sheriff's office is a big no-no, I hope you can get it straightened out. Best, Rob View Quote The boyfriend took her keys so she couldn't drive her car anyway. I see the cops reasoning (worried she would seek revenge for the beat down) but on the flip (and most important) side they took away her ability to protect herself against a proven assailant. Dumbasses! |
|
Quoted:
Her story sounds sketchy… Especially her 911 story. View Quote Its not, its dead on, it was a sheriffs deputy that took the gun, now the Sheriff wont return phone calls, I have left several messages and can't get the lawyer in town to call us back either. Will be calling the AG on Monday as well as my attorney on retainer in Springfield. This is going from bad to total BS! They have issued a warrant for this guy on both GTA and assault, but don't seem to care every much about getting him. |
|
Quoted:
Its not, its dead on, it was a sheriffs deputy that took the gun, now the Sheriff wont return phone calls, I have left several messages and can't get the lawyer in town to call us back either. Will be calling the AG on Monday as well as my attorney on retainer in Springfield. This is going from bad to total BS! They have issued a warrant for this guy on both GTA and assault, but don't seem to care every much about getting him. View Quote View All Quotes View All Quotes Quoted:
Quoted:
Her story sounds sketchy… Especially her 911 story. Its not, its dead on, it was a sheriffs deputy that took the gun, now the Sheriff wont return phone calls, I have left several messages and can't get the lawyer in town to call us back either. Will be calling the AG on Monday as well as my attorney on retainer in Springfield. This is going from bad to total BS! They have issued a warrant for this guy on both GTA and assault, but don't seem to care every much about getting him. Well, here is what will need to be done by your attorney. Of course, a simple phone call will probably work from him. To be honest, something else is going on....not to doubt you, but perhaps she is leaving something out. I find it hard to believe that they seized property for no reason...don't get me wrong, yes it happens and if true, well then she will get some money out of it. Let's hope she has another gun until she gets it back. http://www.moga.mo.gov/statutes/C500-599/5330000010.HTM |
|
Quoted:
Taking the piece inside the PD or Sheriff's office is a big no-no, I hope you can get it straightened out. Best, Rob View Quote A "no-no" as far as LEO mentality goes - i understand keeping control of your HQ. But, it's not illegal in this state. Unfortunately, MO leo's are generally on par with the country about throwing citizen's rights to the wayside - especially when they hear "gun". |
|
|
Quoted:
So... One of my employees calls me tonight in tears. She is 30yo, she went to break up with her boyfriend this evening and to get her car back (which he had been driving). When she got there, he dragged her into the house and smacked her around, bruised her up and threw her over a couch. All this in front of her 12yo son. She still insisted she was done and asked for her keys back. He then stormed out, drove away with her car and took the keys to the other car she had driven over. She called 911 and after lots of crying and some yelling she finally got local LE to respond. After two hours they finally agreed to file a report on the stolen vehicle (nothing on the assault). When they asked her to come to the station, she gave them her ccw to hold. (It was in the car she was driving, not on her person when she went in). When they had finished with the report, they told her they were going to keep the gun and she could call tomorrow and find out when they may give it back. This begs the question, on what legal grounds did they seize it in the first place, 2nd what the hell are they thinking, taking her only means of self defense? Anyone know the laws regarding this? I'm fairly versed in MO self defense law and as I read it, LEOs cannot confiscate a firearm unless the person is being accused of a crime. And it seems a colossal lack of common sense to take a gun from a woman whose just been attacked by a nut case. Any thoughts here? View Quote Where did this happen? |
|
Quoted:
Her story sounds sketchy… Especially her 911 story. View Quote I'm kind of going with this too. I've never seen a physical domestic assault taken lightly considering the ramifications of mishandling on a LEO's behalf. Those calls usually get the hottest response. Shes not telling someone something. As far as "stealing the car" that deal, as you've explained it is not a crime. He had been driving the car meaning he has a legitimate expectation to use the vehicle and it is a civil issue in most places. |
|
Quoted:
I'm kind of going with this too. I've never seen a physical domestic assault taken lightly considering the ramifications of mishandling on a LEO's behalf. Those calls usually get the hottest response. Shes not telling someone something. As far as "stealing the car" that deal, as you've explained it is not a crime. He had been driving the car meaning he has a legitimate expectation to use the vehicle and it is a civil issue in most places. View Quote View All Quotes View All Quotes Quoted:
Quoted:
Her story sounds sketchy… Especially her 911 story. I'm kind of going with this too. I've never seen a physical domestic assault taken lightly considering the ramifications of mishandling on a LEO's behalf. Those calls usually get the hottest response. Shes not telling someone something. As far as "stealing the car" that deal, as you've explained it is not a crime. He had been driving the car meaning he has a legitimate expectation to use the vehicle and it is a civil issue in most places. As I stated, something doesn't pass the "smell test". Law Enforcement officers have to answer too way too many layers of authority to blatantly ignore the law not to mention break it. The County Coroner has the ability to investigate and arrest a Sheriff, then there is the State AG, THEN it goes to the U.S. Marshals Service. |
|
The majority of springfield/ Greene county LEO here are not trust worthy. Every day there are complaints against their decisions and integrity. It's not secret that they break a lot of rules. JMO
|
|
I would have her talk to the Sheriffs office rather than the local police. Maybe they can help more. I agree that something doesn't sound right. You usually don't have to argue with 911 to respond when calling in a violent attack lol.
|
|
Quoted:
I would have her talk to the Sheriffs office rather than the local police. Maybe they can help more. I agree that something doesn't sound right. You usually don't have to argue with 911 to respond when calling in a violent attack lol. View Quote I'm wondering if the abuser is a Friend of the Force type person. That might be why they are going bass ackwards on this. |
|
Latest update, it was a Sheriffs deputy that seized the firearm. I finally spoke directly with the Sheriff today, he acknowledged that the deputy SHOULD NOT have taken the weapon. He said it was explained to him by the junior officer that she pulled a gun on him, I explained that the gun was pulled AFTER he stuck his head in the car she was driving and he took the keys. Then he left with the keys in another car that belonged to her and he had no claim to. The deputy got several of the facts wrong, so much so that the Sheriff thought they were married. He told me to have her come get her gun ASAP. In addition, he is investigating why there was no arrest warrant issued for the car theft. I said, I was told Friday that one had been. He said no, but he'll get to the bottom of it pretty quickly. Whatever the failings of his department, the Sheriff seemed like a stand-up guy. More updates to follow.
|
|
Quoted:
Latest update, it was a Sheriffs deputy that seized the firearm. I finally spoke directly with the Sheriff today, he acknowledged that the deputy SHOULD NOT have taken the weapon. He said it was explained to him by the junior officer that she pulled a gun on him, I explained that the gun was pulled AFTER he stuck his head in the car she was driving and he took the keys. Then he left with the keys in another car that belonged to her and he had no claim to. The deputy got several of the facts wrong, so much so that the Sheriff thought they were married. He told me to have her come get her gun ASAP. In addition, he is investigating why there was no arrest warrant issued for the car theft. I said, I was told Friday that one had been. He said no, but he'll get to the bottom of it pretty quickly. Whatever the failings of his department, the Sheriff seemed like a stand-up guy. More updates to follow. View Quote So… there was more to the story…. gun being pulled is a bit of a different story….kind of an important detail to leave out… just saying. |
|
Quoted: A "no-no" as far as LEO mentality goes - i understand keeping control of your HQ. But, it's not illegal in this state. View Quote View All Quotes View All Quotes Quoted: Quoted: Taking the piece inside the PD or Sheriff's office is a big no-no, I hope you can get it straightened out. Best, Rob I thought that it was, at least was in the original carry law. Did it get changed, or am I just wrong? |
|
Quoted:
I thought that it was, at least was in the original carry law. Did it get changed, or am I just wrong? View Quote View All Quotes View All Quotes Quoted:
Quoted:
Quoted:
Taking the piece inside the PD or Sheriff's office is a big no-no, I hope you can get it straightened out. Best, Rob I thought that it was, at least was in the original carry law. Did it get changed, or am I just wrong? Well, me too. I also thought it was illegal to carry into a police station. |
|
Quoted:
Well, me too. I also thought it was illegal to carry into a police station. View Quote View All Quotes View All Quotes Quoted:
Quoted:
Quoted:
Quoted:
Taking the piece inside the PD or Sheriff's office is a big no-no, I hope you can get it straightened out. Best, Rob I thought that it was, at least was in the original carry law. Did it get changed, or am I just wrong? Well, me too. I also thought it was illegal to carry into a police station. Illegal would imply a crime. As the law was written a person with a CCW permit is not authorized to carry into a police station. If you are made and asked to leave, refuse to leave, you may be charged with an infraction which is a civil penalty. You may also be charged with trespass (for refusing to leave the premise when asked to leave). |
|
A person with a CCW can legally carry into a police station if they have permission of the officer in charge of that station. I have been doing it for over 10 years now. Review RSMO571.107
|
|
|
Quoted:
I've never had an issue even when bringing in a loaded AR View Quote View All Quotes View All Quotes Quoted:
Quoted:
A person with a CCW can legally carry into a police station if they have permission of the officer in charge of that station. I have been doing it for over 10 years now. Review RSMO571.107 I've never had an issue even when bringing in a loaded AR Well, you are a Club Member. |
|
I understand if the gun was used in a crime - or to prevent a crime - such as she had to fire it in self defense. But it sounds to me that it wasn't even involved in this event. I have no idea why they would take it. THIS is why you should own a gun in the first place.
ETA - oh - maybe it was involved in the event, but it still doesn't sound like something where they would take it for evidence. Hopefully this is a case of a clueless rookie and they clear it all up. So did you give her a loner, OP? |
|
Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!
You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.
AR15.COM is the world's largest firearm community and is a gathering place for firearm enthusiasts of all types.
From hunters and military members, to competition shooters and general firearm enthusiasts, we welcome anyone who values and respects the way of the firearm.
Subscribe to our monthly Newsletter to receive firearm news, product discounts from your favorite Industry Partners, and more.
Copyright © 1996-2024 AR15.COM LLC. All Rights Reserved.
Any use of this content without express written consent is prohibited.
AR15.Com reserves the right to overwrite or replace any affiliate, commercial, or monetizable links, posted by users, with our own.