Surrendered weapon after Motor Vehicle Accident

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baldeagle
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Re: Surrendered weapon after Motor Vehicle Accident

Post by baldeagle »

wgoforth wrote:I was talking with the rep from CHLPP recently and asked if anyone actually had used their program . He said that 3-4 times a month they have to get guns back from Dallas. He said if there is an accident or tow of a vehicle, their claim is the city wants to confiscate the gun to determine if it were used in a crime. Sounds like the situation here.
That is so unbelievably illegal it boggles the mind. The police cannot test a weapon to see if it's been used in a crime without probable cause to do so.

What I would do in a similar situation is tell the officer he can have my weapon when he presents a proper search warrant. Until then I will unload the weapon and keep it in clear view until the scene has been processed and I have been released (with my weapon.)

UPDATE: Something else strikes me. Why the need to do a background check? Do they not know that you have one before your CHL is issued? The mere possession of a CHL means you've already been checked and passed inspection. Very weird behavior. And I personally would not put up with it.
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BSB
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Re: Surrendered weapon after Motor Vehicle Accident

Post by BSB »

I carry a glock. If that happens to me I will field strip it rendering it usless, put it back in my pocket, and politely tell the officer to buzz off! :mad5
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03Lightningrocks
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Re: Surrendered weapon after Motor Vehicle Accident

Post by 03Lightningrocks »

BSB wrote:I carry a glock. If that happens to me I will field strip it rendering it usless, put it back in my pocket, and politely tell the officer to buzz off! :mad5
I am not so sure this is a good idea. Racking the slide of a handgun in front of a cop that is in the process of asking if I am armed or asking for the weapon has a VERY high probability of getting me shot.

As for telling a cop to buzz off??? Uhhh... that sounds like a good way to get arrested. If I am going to fight in court, I want it to be on my terms. Not after my relatives have picked me up from the local jail.
BSB
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Re: Surrendered weapon after Motor Vehicle Accident

Post by BSB »

I said politely :tiphat: and I was going under the assumption I already had permition to clear the gun. As did the OP. Or better yet have this done before the audiance shows up. I am not a rebel I just don't see the man taking a handfull of gun parts that most couldn't put back together. ;-) .
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stevie_d_64
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Re: Surrendered weapon after Motor Vehicle Accident

Post by stevie_d_64 »

03Lightningrocks wrote:
stevie_d_64 wrote: .........I've been in two MVA's since 1996 when I first got the plastic...
Wow!!! You may be good at CHLing.....but you really stink at that driving thing! :biggrinjester:



Just kidding. I saw you were from Houston and I have visited there. I am amazed you don't average two a year. You people in Houston drive like nuts!!! I don't get scared easy but driving in Houston requires a prescription for xanax! :mrgreen:
Well, I was not at fault in either of them...I got rear-ended in both, and didn't get a dinner or movie out of either of them!!!

Seriously, one was from a little girl who was texting, and was still texting when I got out to see how she was doing...She was just sitting there like nothing happened with half her car underneath my truck...

The other one was where a person who was illegally in this country, illegally driving a MV (not their's, stolen) no DL, No Insurance, No habla, and was seriously hurting from his meeting the back of the same truck (repaired from the first incident)...The officer said what do I want to do? I told him what I would like to do would force him into a lot of paperwork and me in the pokey...He chuckled and said at least I had a good sense of humor about it all...Which I did...
;-)
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wgoforth
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Re: Surrendered weapon after Motor Vehicle Accident

Post by wgoforth »

baldeagle wrote:
wgoforth wrote:I was talking with the rep from CHLPP recently and asked if anyone actually had used their program . He said that 3-4 times a month they have to get guns back from Dallas. He said if there is an accident or tow of a vehicle, their claim is the city wants to confiscate the gun to determine if it were used in a crime. Sounds like the situation here.
That is so unbelievably illegal it boggles the mind. The police cannot test a weapon to see if it's been used in a crime without probable cause to do so.

What I would do in a similar situation is tell the officer he can have my weapon when he presents a proper search warrant. Until then I will unload the weapon and keep it in clear view until the scene has been processed and I have been released (with my weapon.)

UPDATE: Something else strikes me. Why the need to do a background check? Do they not know that you have one before your CHL is issued? The mere possession of a CHL means you've already been checked and passed inspection. Very weird behavior. And I personally would not put up with it.
Claim is wanting to see if the gun has been used in a crime, rather than the individual being cleared or not. Gun goes into lockup and they don't bother.The lawyer tells them "We want to do our own testing and if you submit a formal request, we will return it." He said they never request it back. Go figure. Personally, I wouldn't argue with "the man" and I'd give it to him and file suit.
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