Surrendered weapon after Motor Vehicle Accident

[Ash]

I am a Texas CHL holder , I was envolved in a MVA a couple of weeks ago, when the first responders got there I informed them that I had a CHL and had a concealed weapon on me, and that to inform all responders and Law enforcemet when they arrived on scene. After the Officer arrived he asked if I had a weapon , I told him yes . He asked where it was , I told him it was concealed on my hip. After I removed it with his premisson he tried to grab it from me. I told him I would release itto him after I cleared the weapon. He told me I could pick it up at the Northeast Regional location after I was released from thr hospital. Once there to pick up my weapon I was informed that it had been taken to Main location. I called them and was asked to discribe The weapon, did so and it was confirmed that it was in SAFEKEEPING and that after a Criminal Background Check would be done, then sent off to ballistics . I might see my weapon in a couple months if I was lucky. I was called later by a detective who told me he understood my frustration but that to bad, thats the way it is. Can they keep my weapon as long as they want and not be held accountable. I want my weapon back.

[gigag04]

Contact a lawyer.


ETA: What department, when did this happen? What time of day was the accident? Do you have some more info?

[Keith B]

Unless there is more to this story than you have posted (i.e. there was criminal action related to the MVA, past warrants, etc.) that justify the inpoundment of your weapon, then there is no reason for them to keep it.

If there is nothing related like that, then as gigag04 stated, contact a lawyer.

[snatchel]

Agree with the above. This is rediculous, but is there anything you are leaving out? Alcohol involved, someone with you who had warrants... you had warrants you did not know about... the accident was your fault, and criminal in nature (hit/run... something along those lines)? I'm not calling you a liar, but this is incredibly illegal if you did nothing wrong.

If you were in the right, and this was an unlawful seizure, then good on you for taking it to court. Something to think about- if you do decide to fight it.. and I hope that you do.. are you willing to potentially pay more in legal expenses to get your gun back than just going to buy another handgun?

[snatchel]

I am a Texas CHL holder , I was envolved in a MVA a couple of weeks ago, when the first responders got there I informed them that I had a CHL and had a concealed weapon on me, and that to inform all responders and Law enforcemet when they arrived on scene. After the Officer arrived he asked if I had a weapon , I told him yes . He asked where it was , I told him it was concealed on my hip. After I removed it with his premisson he tried to grab it from me. I told him I would release itto him after I cleared the weapon. He told me I could pick it up at the Northeast Regional location after I was released from thr hospital. Once there to pick up my weapon I was informed that it had been taken to Main location. I called them and was asked to discribe The weapon, did so and it was confirmed that it was in SAFEKEEPING and that after a Criminal Background Check would be done, then sent off to ballistics . I might see my weapon in a couple months if I was lucky. I was called later by a detective who told me he understood my frustration but that to bad, thats the way it is. Can they keep my weapon as long as they want and not be held accountable. I want my weapon back.

Also, was any stink raised by this?

[PBratton]

First post ...

Well, if there were no other 'tidbits' of info left out of your story, I'd be all over the chief and the mayor and be calling every news outlet I could get to listen to my story.

Then I'd start calling your congressman and then contact the nearest DPS barracks and see if they are interested in helping out.

All that fails, pull out the wallet and get lawyered up.

[Ash]

More info. I was not cited in the accident, had no contributing factors ie; alcohol, drugs, hit and run, or excessive speed or poorly maintained vehicle. Accident happened as a result of the other driver running a stop sign. I am a citizen of the United States who passed all the requirements to be a legal holder of a CHL , Had I not been , I would never have qualified to hold such a permit. Also once the El Paso Police Department had done a Criminal Background check and had there been anything found I would have been charged. Since there was no "hit"on the CB check why are they doing a ballistics check on a weapon legally owned by a citizen of these United States.

[speedsix]

...I'd be screaming to the media and to the HQ DPS...they are required BY LAW to return it to you when the contact is completed...in this case, it was reasonable for you to pick it up later at the CLOSEST HQ...running ANY background check or ballistics check is not authorized in the CHL law, and they have no probable cause to do so, based on your posts...something STINKS here!!! You shouldn't have to spend money on a lawyer because of their heavy-handed antics...

[tommyg]

If there is not something else that I don't know your gun should have been returned
immediatly after you got out of the medical center. Often rouge LEO do not
respect the laws they enforce.Most LEo are tring to do their jobs and it often is not easy.
Like in any profession you have about 15% that the profession would be better off without

[Thomas]

After I removed it with his premisson

Did he ask for it, did he tell you to give it to him, or did you offer it?

EDIT for clarification.

[AEA]

After I removed it with his premisson

Did he ask for it, tell you to give it to him, or did you offer it?

I think you're getting to the meat of the matter here.

[wgoforth]

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.

[2farnorth]

Wow. My recent accident was just the opposite. The deputy recovered my weapon from my vehicle and handed it to my wife when she arrived. Still holstered and loaded. I had told him where it was located in the vehicle. They had to put on leather gloves to get it because of all the broken glass. I was in no shape to handle it (concussion, bleeding, and dazed). I didn't want it going with the wrecker in an unsecured vehicle.

[jimlongley]

My accident five years ago in Plano was also just the opposite. I told the cop that I was a CHL and carrying, and he pointed out that he had nothing to fear because I was shaking so bad, and besides CHLers were his friends. I went right on carrying during the interview and nothing more was said.

[powerboatr]

are you willing to potentially pay more in legal expenses to get your gun back than just going to buy another handgun?

if there are no other "issues"
I would say they are banking on you not paying out in legal defense to get it back, they count on it. doesn't make it right but its the way it works and they know it
ballistics check is funny, but not if it gets a hit

again most leo's are decent....but everyone has bad apples
nm screwed my wife and I and illegally arrested us and detained for three days in basic solitary...(actually its not illegal for them to arrest you, but it is to keep you detained while they look for other charges that do not exist) .all because officer friendly couldn't read ...I am no millionaire and spent tons trying to right a wrong....
guess what...the scumbag is still a cop.
may the bird of paradise fly up his nose

if your up front I would be calling and letter writing.