Securing a weapon at the scene of an accident

[Tucker6900]

This question was asked at another forum so I thought I'd throw it to the wolves over here and see what I came up with.

When arriving at the scene of an accident where one of the victims is in possession of a pistol, legally, what is your departments policy for securing the weapon, furthermore, how would one go about getting it back after being released from the hospital? Thanks fellers, and gals, for the input.

[Smurfette_76]

If the possessor of the weapon is being transported for medical attention, then I will secure the weapon in the trunk of my vehicle. After clearing the call, the weapon goes into property with "release to owner" marked on the property sheet.

[velobard]

I asked the same basic question not too long ago.

http://forums.officer.com/forums/sho...&highlight=bus

[Tucker6900]

I asked the same basic question not too long ago.

http://forums.officer.com/forums/sho...&highlight=bus

I did a search and nothing came up. Maybe I just suck at searching!

Thanks!

[Mrs. Hoppes]

What if there is no "Proof of ownership?" There is no registration process for firearms around here. You go, get a routine check, purchase the gun, and leave.

What then?

[crazynova]

What if there is no "Proof of ownership?" There is no registration process for firearms around here. You go, get a routine check, purchase the gun, and leave.

What then?

That doesn't mean it doesn't get registered.

[Mrs. Hoppes]

Firearms are not registered in Indiana.

http://crime.about.com/od/gunlawsbys...gunlaws_in.htm

[velobard]

Firearms are not registered in Indiana.

http://crime.about.com/od/gunlawsbys...gunlaws_in.htm

Nor in Missouri.

[Mrs. Hoppes]

SO back to the question. What about unregistered firearms at a scene? How are those handled and how to owners get them back?

[MO Trooper]

In this situation, I don't believe the owner would have to prove anything. You know who you got it from, so it gets released to that person or their designee. Absent any extraordinary circumstances I don't see how an agency would have any legal standing not to release it to the person they got it from.

A department I used to work for did this constantly. A burglary victim could come in and claim a whole house full of their property with no questions asked, but were asked for proof of ownership for firearms. If they had no receipts, they did not get the firearms back.

This was due only to the anti-gun attitude of the supervisor of the detective unit, and came to an abrupt halt when an NRA member was provided an attorney to sue the city.

[Mrs. Hoppes]

That's good to know. And good for the NRA guy straightening out the supervisor.

[velobard]

In this situation, I don't believe the owner would have to prove anything. You know who you got it from, so it gets released to that person or their designee. Absent any extraordinary circumstances I don't see how an agency would have any legal standing not to release it to the person they got it from.

A department I used to work for did this constantly. A burglary victim could come in and claim a whole house full of their property with no questions asked, but were asked for proof of ownership for firearms. If they had no receipts, they did not get the firearms back.

It still goes on sometimes, of course. Just this week I heard about a guy in Normandy, MO (north StL county) that's fighting to have his handgun returned. No crimes or accusations involved, but so far his effort is still underway.

[tony.o]

I'd try to get the weapon back to the owner, owners spouse or some other responsible person trusted by the owner. Putting it into the property room would be a last resort because, for some dumb reason or no reason, it's very hard for the owner to get it back here without a receipt from wherever it was purchased from, which most people don't have anyway.

[t150vsuptpr]

If the posessor of the not stolen firearm is transported away from the scene, they won't let him take his weapon. I can't leave it with the vehicle. I will 90% of the time unload it, unload mag if any, ziplock weapon through barrel, and place all in a ziplock bag and store in evidence locker for release to posessor or his/her designee.

I have left the accident, gone to hospital, talked to possesor/driver, etc, and when their stay was short or release is expected soon, let hospital put in safe with their other personal effects after getting a reciept for it signed by the presumed owner ... and his / her approval of course ... and I leave it in that plastic bag with mag, etc.

In this situation, I don't believe the owner would have to prove anything. You know who you got it from, so it gets released to that person or their designee. Absent any extraordinary circumstances I don't see how an agency would have any legal standing not to release it to the person they got it from.

A department I used to work for did this constantly. A burglary victim could come in and claim a whole house full of their property with no questions asked, but were asked for proof of ownership for firearms. If they had no receipts, they did not get the firearms back.

This was due only to the anti-gun attitude of the supervisor of the detective unit, and came to an abrupt halt when an NRA member was provided an attorney to sue the city.

I agree ...... and good for the NRA. Hope the dept involved had to settle up with all past such improper refusals to release.