violation of right to bear arms

[pothole24]

What is the name of your state?montana. My son responded to the aid of a wounded deputy whose partner had been shot to death by an exfelon.having heard the calls for help and knowing officers were miles away my son responded taking his hunting rifle to the scene 4 blocks from his home.My son confronted the suspect handcuffed him with the wounded officers cuffs,put him in the police car and called for more help and secured the area with the help of another citizen.Officers took his rifle that evening.When he called the County attorney she told him that his gun was going to be held and he would be lucky if his kids ever got it back. The trial has concluded ,with a guilty verdic,my son's rifle was not introduced as evidence.the county attorney has refused to return my sons hunting rifle.As the gun was never fired , no crimes were commited ,and my son was aiding law inforcement after their repeated calls fo help,what possible right does law inforcement have to hold his gun? thank you.

 

[CdwJava]

Why do they say they are holding the rifle? As evidence? Because ownership cannot be determined? Because it has been illegally modified?

There must be SOME reason they have provided. It does sound like a good thing that he did ... so there has to be something missing here.

And it's not a violation of his "right to bear arms", just his ability to bear that particular one.

- Carl

 

[JETX]

I find it interesting that you make several references to this as a 'hunting rifle', yet provide no specifics on it. Why??


So, was this 'hunting gun' an XM8 (Lightweight Assault Rifle), a Barrett M82A1 (Anti-Material Rifle), an M2HB .50 caliber machine gun, or an M20 3.5in Rocket Launcher???

 

[<Bill>]

What is the name of your state?Montana. My son responded to the aid of a wounded deputy whose partner had been shot to death by an ex felon.having heard the calls for help and knowing officers were miles away my son responded taking his hunting rifle to the scene 4 blocks from his home.My son confronted the suspect handcuffed him with the wounded officers cuffs,put him in the police car and called for more help and secured the area with the help of another citizen.Officers took his rifle that evening.When he called the County attorney she told him that his gun was going to be held and he would be lucky if his kids ever got it back. The trial has concluded ,with a guilty verdict,my son's rifle was not introduced as evidence.the county attorney has refused to return my sons hunting rifle.As the gun was never fired , no crimes were committed ,and my son was aiding law enforcement after their repeated calls for help,what possible right does law enforcement have to hold his gun? thank you.

Post it on these sites for a more educated answer instead of just questions.

http://www.gunsnet.net/forums/forumdisplay.php?f=4


http://www.thehighroad.org/

 

[pothole24]

follow up gun rights

montana . the hunting rifle is just that.. a marlin 30-30 lever action with scope.I bought the gun new from k-mart for my sons graduation present in 1995.no modifications. the county attorney never entered the rifle as evidence in the murder trial.had the rifle been a plastic $1.00 store model would it have been kept as "evidence". the 30-30 was never fired at or near the scene.my son arrived about 3 minutes after the last shots were fired.His commands for the murderer to drop the gun,the felon had the dead officers gun,are what ended the standoff.Why would aweapon that was never fired be in any way evidence?if so why was it not introduced in the trail?what would justify holding the rifle?

 

[JETX]

His commands for the murderer to drop the gun,the felon had the dead officers gun,are what ended the standoff.

Congratulations to your son for stepping in and saving the officers life. That was indeed a brave and courageous thing for him to do.

Why would aweapon that was never fired be in any way evidence?

Based on your post.... I have no idea. The only thing I can think of if is the prosecution needed to show the specifics of how the situation ended.

if so why was it not introduced in the trail?

Presumably, the issue of the termination of the incident wasn't raised.

what would justify holding the rifle?

Of course we don't know that since we don't know all the facts and issues. I suggest you contact the prosecution and ask them. Also, you may need an attorney to intervene to recover the property being held.

 

[Bravo8]

I cannot offer any reasonable opinion as to why the County Attorney is holding the rifle, but I just wanted to say thank you to your son for intervening and assisting the officers. Maybe if more members of our society were willing to do the right thing when it is required, our society wouldn't be in such dire straits.

 

[Rhubarb297]

Unfortunately it's not uncommon in Indiana for police officers to hold onto evidence long after they should have returned the evidence to the rightful owner. I know criminal attorneys who are all the time calling trying to get their client's evidence back. In Indiana, there just isn't much in the way of a sanction for police departments (or prosecutors) who drag their feet on returning evidence. In fact, if the evidence is not claimed, police officers can auction it off and make money for the department. So they're incentive to return evidence just isn't there.