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When is it OK For the Cops to Take Guns?
Vanity | April 13, 2018 | Jim Noble

Posted on 04/13/2018 10:35:41 AM PDT by Jim Noble

We’ve been discussing this topic a lot here, so I wanted to post a story and get opinions.

True story.

Wednesday night a kid, HS junior, sends a Snapchat to his “friends” a picture of himself holding an AR-pattern rifle with a caption “don’t come to school tomorrow”.

Cops go to the house. He says it was a joke. He’s suspended and banned from campus. He’s not (so far) arrested.

Question is, do you (the cops) leave the rifle or take it?


TOPICS: News/Current Events; Politics/Elections; Your Opinion/Questions
KEYWORDS: guncontrol; schoolshootings
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Fire away. What do you think?
1 posted on 04/13/2018 10:35:41 AM PDT by Jim Noble
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To: Jim Noble

cops need warrants to violate our other Constitutional rights, so require same for 2nd Amendment.


2 posted on 04/13/2018 10:39:22 AM PDT by PGR88
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To: Jim Noble

When is it okay to deprive someone of their inalienable rights?

Only after due process and not a moment before.


3 posted on 04/13/2018 10:40:07 AM PDT by MeganC (There is nothing feminine about feminism.)
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To: Jim Noble

The kid made a threat. Seems a cooling off period is warranted.


4 posted on 04/13/2018 10:40:44 AM PDT by onedoug
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To: Jim Noble

Get a warrant. It better be ironclad. If anything in the warrant is found to be false, the police, attorneys AND judge get skinned alive.


5 posted on 04/13/2018 10:42:18 AM PDT by Thumper1960 (Trump-2020)
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To: Jim Noble

Because this is so politicized, I would go with a simple rule:

If he’s not dangerous enough to lock up and keep behind bars, he’s not dangerous enough to take and keep his guns. I would go further and say that even convicted felons should regain their gun rights as soon as they are no longer under the control of the criminal justice system. If someone isn’t safe to hold firearms, they should have been given a longer sentence behind bars.


6 posted on 04/13/2018 10:42:54 AM PDT by Pollster1 ("Governments derive their just powers from the consent of the governed")
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To: Jim Noble

That’s tough. I’ve been in Law Enforcement for over 20 years. I really think it depends on how the interaction goes. If the kid seems apologetic and not a nutjob, I’d leave it.


7 posted on 04/13/2018 10:43:32 AM PDT by TallahasseeConservative (Isaiah 40:31)
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To: Jim Noble

I am of the opinion that taking of private property should only be allowed subsequent to a court order of incompetence or imprisonment.

Securing of property (different from taking) on a temporary basis should only be allowed as part of an arrest or confinement due to mental issue and only if there is a path to restore that property after adjudication (see above). The property should be returned AUTOMATICALLY if there is no criminal or commitment proceedings.


8 posted on 04/13/2018 10:43:33 AM PDT by taxcontrol (Stupid should hurt)
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To: Jim Noble
Take evidence to judge.
Get warrant.
Arrest kid.
Take gun.

In that order.

9 posted on 04/13/2018 10:43:57 AM PDT by Politically Correct (A member of the rabble in good standing)
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To: PGR88

Ideally, yes. We’d like to think it runs that way. Ever watch COPS? If you have gun and he finds it on a traffic stop, you’re going to lose it, end of story. It doesn’t matter if it’s in the trunk in a case unloaded, they’re taking it and you’ll have to litigate to get it back. They drive away from every traffic stop just about breaking their arm patting themselves on the back and going on about, “Got another gun off the street. That gun would’ve been used to kill somebody tonight, we did good...”


10 posted on 04/13/2018 10:46:44 AM PDT by Excuse_My_Bellicosity (Liberalism is a social disease.)
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To: Jim Noble

Take it the kid is too immature to have a firearm.


11 posted on 04/13/2018 10:47:21 AM PDT by arrogantsob (See "Chaos and Mayhem" at Amazon.com)
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To: Politically Correct

Yeah. Straight forward.

If bad things happen, the whole country will be aghast and demand to know why the cops left the kid with his gun. It will be seen as an obvious failure by the local police chief.

So, do the paperwork. Dot the i’s and cross the t’s and, if allowed, remove the threat.


12 posted on 04/13/2018 10:48:25 AM PDT by ClearCase_guy
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To: Jim Noble

Communication of a Threat is a crime. Depending on the state, the charge is probably Making Terroristic Threats. Wanna keep your gun? Don’t be threatening people on the internet with an attached picture of you and your gun that you’re threatening to use. You WILL lose it.


13 posted on 04/13/2018 10:50:01 AM PDT by Excuse_My_Bellicosity (Liberalism is a social disease.)
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To: Jim Noble

It is Ok to take away guns when they are being used to endanger other, innocent citizens.

Just as you can speak freely, but not to the point of endangering people by yelling fire in the theater. It is possible to forfeit your right to bear arms if you are doing it in a way to endanger the safety of others.

You cannot wave a pistol around in a fast food line, for example. A well regulated militia would know better than to do that.


14 posted on 04/13/2018 10:51:02 AM PDT by Vermont Lt
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To: Jim Noble

I know one thing, Don’t ever give them the right to take guns away without a judicial hearing just because there is a restraining order. Every divorce lawyer gets one against the male(sic) of the marriage.
I am totally inoffensive and would never have thought of hurting my former wife while we were being divorced but they took out a restraining order on me anyway. No hearing, one side only, any lie will do.


15 posted on 04/13/2018 10:54:09 AM PDT by mistfree (It's a very uncreative man who can't think of more than one way to spell a word.)
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To: Jim Noble

Well if Cowad County would have taken those guns perhaps 17 kids may be alive today and David Hogg would not be a known entity


16 posted on 04/13/2018 10:55:42 AM PDT by al baby (Hi Mom Hi Dad)
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To: Jim Noble

Never!!


17 posted on 04/13/2018 11:07:17 AM PDT by spincaster
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To: Jim Noble

Never!!


18 posted on 04/13/2018 11:07:18 AM PDT by spincaster
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To: Jim Noble

Is that enough evidence to arrest him for making a terroristic threat? If yes you can take the guns. If not no. They could always arrest him and take the guns, and pass it on to the DA. The DA either prosecutes, or returns them.


19 posted on 04/13/2018 11:14:06 AM PDT by Hugin (Conservatism without Nationalism is a fraud.)
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To: Jim Noble

He has not committed a crime. The cops intervened and interviewed the kid and apparently didn’t think he was a threat. they likely scared the bejeesus out of him. If they had concerns they could get a judge to put a 30 day psych hold on him and maybe they could have temporarily taken the gun. Otherwise no they can’t take his gun.

A free society can be dangerous. But as Jefferson said “I prefer dangerous freedom over peaceful slavery.,”


20 posted on 04/13/2018 11:17:54 AM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
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