Skip to comments.When is it OK For the Cops to Take Guns?
Posted on 04/13/2018 10:35:41 AM PDT by Jim Noble
Weve been discussing this topic a lot here, so I wanted to post a story and get opinions.
Wednesday night a kid, HS junior, sends a Snapchat to his friends a picture of himself holding an AR-pattern rifle with a caption dont come to school tomorrow.
Cops go to the house. He says it was a joke. Hes suspended and banned from campus. Hes not (so far) arrested.
Question is, do you (the cops) leave the rifle or take it?
Whose gun is it?
What is the State law regarding the matter?
How about taking the gun as evidence pending a decision to press charges?
The emergency gun confiscation law is being voted on today at the Massachusetts House of Liberals.
Whose gun is it?
Lots of good responses here.
Next up: should he be allowed back at school, and if yes, any conditions or restrictions?
In what states do police automatically take guns they see during a traffic stop? They dont do it in Virginia, and I know that first hand.
Also, why is the cop looking in the trunk of someones car during a traffic stop?
Take it. Implied threat. Mega stupid.
Where the People are concerned, the government does not have rights, it has powers.
HS Junior? Probably not 18, probably not his firearm.
Lock daddy up for 72 hours in the County Clink so he knows better to put away his weapons.
Depends on the law in the state where this happened.
If they’ve got a ‘red flag’ law, a warrant to seize any weapons seems appropriate.
Due process allows the subject to go to the court and show, by evidence, they are NOT too much of an idiot to be in possession of a firearm.
“It was a joke” is pretty lame nowadays.
Take the kid. Leave the gun. The kid is the one people need to be worried about. Get him some professional help and, if he’s determined to be a legitimate danger to himself or others, then keep him locked up.
To begin, the kid is dumb as a Kennedy to flash a gun and a caption on social media.
The cops are right to get involved.
After beating the kid with batons and tazing him thrice, the cops should leave the gun there.
get a warrant, confiscate the gun from the minor. Let the dad sign it back out with the caveat he is personally criminally responsible if the gun is used to commit a crime by the minor.
Then whistle the other way as Dad walks with junior out behind the woodshed for a lesson in civics and respecting his family name and reputation. If the kid is old enough to embarass the family, he’s old enough for a buttwooping because of it. That will probably work better than a whole truckload of psychologists - and stick with him longer.
If it’s the father’s gun, it certainly shouldn’t be taken unless as evidence. The father should be advised to secure the gun from the teenager and advised of his culpability in any crime or civil action.
“Next up: should he be allowed back at school, and if yes, any conditions or restrictions?”
On the one hand there’s not enough information. What’s the rest of his conduct been like?
On the other hand, his father should put some restrictions on his life for being, at a minimum, stupid and his good standing with everyone should be conditioned on future behavior.
On the gripping hand, everyone concerned should be watching him to ensure nothing bad happens and that whatever is needed to prevent atrocity or tragedy does happen. That last includes possible incarceration, mental health help, stopping any bullying that may have occurred, and formal or informal counseling to help with whatever problems he may be having. And of course nothing extreme may be needed if it was just a joke.
Call it the Custodial Rule for Constitutional Rights Retention.
Only those authorized and responsible for providing for the personal defense of those in custody can deprive a person of their private means of self-defense.
Re #6: Thoughtful comments.
Re: #8. Thoughtful comments.
They will get mine bullets first!
Is the high school junior of legal age to possess a rifle? HS Junior’s are normally 16 or 17 years old. If he is below the age of legal gun possession, the police have a duty to confiscate weapons they see that are illegally in his possession.
The kid’s “joke” was an implied threat that he was going to shoot up the school on a particular date, while holding the means in his hands. That was moronic at 12 years old, much less 18+. If a parent is supervising and guiding his path to responsible gun ownership, they have not done a proper job teaching him common sense and legal aspects. His parents, not the State, should deprive the kid of access to any sort of weapons until he matures and heals.
Thanks, I’ll keep my grandsons yellow plastic, (until they asked be painted to look real)with an orange barrel tip,) hidden until they are fully grown up and I’ve had my final PCS to heaven.
Kid is a junior in high school so it isn’t his gun, was purchased illegally or the parents should be ticketed for letting their house ape threaten people with one of their guns.
They should charge the kid with a felony assault...this would keep him from purchasing his own guns next year since he has demonstrated he shouldn’t be anywhere near firearms.
No idea but I see it all the time on the TV show COPS and Live PD. And it’s always followed by a spiel, “We got another gun off the streets tonight, who knows who would’ve been killed by that, we did good...” Watch the show, you won’t have to wait long. There’s one right here: https://www.youtube.com/watch?v=bj8uCZEzE58
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