Expert: Robin Sexton - 8/30/2009

Question
QUESTION: If the police takes your registered firearm, do they have to issue a evidence custody form or some type of receipt? Do they have to inform you of why it was taken?

ANSWER: Felicia,

Most agencies do not issue a receipt for items seized. They are documented in the report.  if it was taken pursuant to a search warrant the item should be listed in the return that was left at the scene.  Further they don't have to advise why the item was seized.

Robin

---------- FOLLOW-UP ----------

QUESTION: What if the report was blank until until the SGT on duty directed what to put on there and the seizure of the firearm isn't on the report. The only thing on the report is felonious assault. If a police officer stops you from going anywhere- leaving you residence for 3 hours before he finally places you under arrest, isn't that considered detainment and shouldn't your rights be read at that point of time if he questions you about an alleged crime?

Answer
Felicia,

Your question is case and fact specific.  What i mean is with out knowing what report, what is on the report and the departments policies it is impossible for someone not in that agency to answer the question specifically.  By all means call the department or have someone on your behalf call the agency and ask specific questions about he weapon.  Felonious assault by definition implies a weapon so a weapon would have to be mentioned in the report.
A detention for 3 hours may not be "reasonable" however this is a determination that is made by a court after reviewing all the facts.  The same goes with and questioning done by police. If you are not allowed to leave i suspect most courts would define that as an arrest.  Therefore any questioning should be done after the person is advised of the pre-interview rights.

Hope this helped

robin