At some point while cruising social media you've read a post made by someone proclaiming they were "red flagged" and the cops "stole their guns." The term "red flagged" has become an adjective for any instance of seizure of firearms by police. Some people say that the police have no reason to take a firearm from anyone for any reason and that any seizure is an "infringement."
So why would the police take a firearm from someone? We asked officers what instigated the seizure of firearms by police and we bring those reasons here to you. Here you will find this easy to follow list of how to keep your gun from getting seized by the police.
Don't Drive Drunk While Armed
Driving drunk while armed is one of the biggest reasons why a gun is seized by the police. You'll get your gun back when you sober up, but you can't take your gun to jail with you. Some people fully expect that their gun should go with them, but that is just not going to happen.
Even police officers can't take their gun into a jail, so why would yours come too? Jails are ultra secure facilities. Inmates have rubber like pens so that they can't be used as stabbing instruments and other everyday items are reconfigured so that they can't be used as weapons.
You're gun also can't be left in your car. In fact, most agencies require officers to remove all valuable items from a car and to be booked into the property room at headquarters so that it isn't stolen. For these reasons, your gun will be booked at the police station and you can pick it up in the morning.
Don't Beat Your Wife
No one should lay a hand on their wife (or husband) in anger. If you do, you are going to be arrested for domestic violence. In some cases, the police may seize your gun(s) because it was used in conjunction with the crime. Many times I have had an abuser tell their victim that they were going to shoot them. If you say that after beating them, why would the police leave that gun behind? Expect it to be seized. You'll have to go to court and then the judge will make a decision on whether you will get them back or not. Judicial review is a cornerstone of the constitution. You can't cry that your rights were violated when you beat your wife, threatened to shoot her, and then had judicial review on what will happen with those guns. The constitution was followed and you just didn't like the decision. If you're not guilty or the judge shows pitty, you'll get them back.
Don't Threaten to Shoot Yourself
Another big reason the police seize firearms are for people in crisis. When I say crisis, I mean people threatening to shoot themselves. If you have a gun and are telling people you are going to shoot yourself, your gun is going to be seized and then a judge will make a decision on when you get it back. It makes sense, right? If you had a knife and threatened to slash your wrists, the police will take your knife. If you threaten to hang yourself and have a rope, the police will take that too. Do you see a trend? There is no constitutional crisis and is all done within the law. Could you imagine if an officer left the gun behind? There would hell to be paid in the press if they turned the gun on themselves or on others.
Don't Do a Gang Related Drive By
In fact, don't commit any crime while armed. If you commit a crime where a firearm is used, the gun will be taken as evidence just like if you used a knife or any other weapon. You won't get it back if you are found guilty.
Don't Leave Your SBR In the Motel Room in California
One of the best replies I got on a post asking for cops to tell me why they seized guns came from a California cop. Short Barreled Rifles (SBR's) are prohibited and a felony to possess in CA. A hotel called and said that they found a rifle in a hotel room that was vacated that morning. It turns out that the SBR belonged to a reputable manufacturer that was a salesman for the company. They just returned it nicely back to the salesman. Just to make a note, the officers could get in a lot of trouble for doing that, but like most cops they don't agree with these laws and they did the right thing. Stuff like this happens daily, but obviously never gets reported.
Don't Poach
If you are poaching deer and get caught, your gun will be seized. Why? It's an implement of the crime and is evidence. Just like any other implement of a crime, it is taken into evidence to be used in court. Like any other implement, the judge will make a decision on what will happen with that firearm.
Wrapping Up Seizure of Firearms by Police
As you can see, the Seizure of Firearms by Police occurs in instances that are totally avoidable. The most common seizure of firearms by police occurs with crimes involving alcohol. If you go out drinking, you shouldn't be carrying concealed. In some states that may be completely legal, but common sense needs to come into play. My favorite saying in these instances goes like this; "There's no law saying you can't piss in an elevator, but we all know we shouldn't do it." An ounce of common sense goes a long way.
I’m reminded of a scene in “Liar, Liar” where Jim Carrey’s character shouts at a client, “Stop breaking the law, @$$hole!”