My 23 year old son has 2 legally registered firearms and he did everything correctly to ensure safety in ownership by taking a firearms safety class.
He does not have a CCW, but is very aware of the laws for carrying.
A few months ago an 18 year old mentally challenged man was harassing and even threatening his girlfriends 6 and 9 year old sons at her apartment complex and the oldest boy told the young man to leave them alone because their mom's boyfriend has a glock gun. Their mom reported the incident to the local police and they came out and took a statement from the boys and the young man, who told police about the gun, so they asked if the gun was there. The weapons were at her apartment at the time and my son showed them both guns that were locked up in a case in the closet. They examined the weapons and said "okay, thank you" and left.
A couple weeks later the man decided to call the police and tell them that my son actually threatened him with the glock the night before. So the police went to the girlfriend's apartment again and asked my son about the incident, he told them that it never happened, which it did not because both his guns were at my home at the time. Again they said okay, thanks and left.
About a week later his girlfriend is pulled over by the same police department while driving her mother's car. She had a suspended driver's license so they decide to search the vehicle. She had just came from dropping my son off at work and before that he had gone to the gun range, so locked in the trunk were his 2 weapons, in their case with no ammunition in the vehicle at all.
They seized both weapons and took her to jail. They didn't charge her for anything other than driving on a suspended license, but every time my son would call to ask about his weapons they told him to call back later.
Finally, after about 2 weeks he went into the police station and was told that there was a warrant out for his arrest for carrying a concealed weapon in regards to the young man that filed a complaint against him (he was never notified of this in writing, by phone, or in any of the previous conversations he had when inquiring about his weapons).
He turned himself in and was scheduled for a preliminary examination a few weeks ago, the young man did not appear but instead of dismissing the case, the judge gave the police 2 more weeks to find this guy. So at the next hearing, the kid didn't show again and the police said they couldn't find him. They said he is believed to have left his residence to unknown whereabouts, so the case was dismissed.
Afterwards, my son inquired again about getting his guns back and was told that he would have to file a petition with the court at a cost of $100 if he wanted to try, and that wouldn't even guarantee their return. The police department has yet to notify him in writing or otherwise, the fact that they even have his guns or why they are keeping them. My son assumed that it was due to the ccw charge, but was never actually told why. He was also informed that they were going to keep the felony case open in case the young man ever does reappear.
Finally my questions,
1. Do they have a legal right to keep his weapons even though his case was dismissed?
2. If it was in fact a crime for the girlfriend to have them in the trunk without him being present, then why was neither of them charged, ticketed or notified in writing the facts surrounding it?
3. Could the weapons be released to me or my husband since neither of us has any criminal background?
4. And lastly, can they really keep this thing hanging over my sons head forever? If it's dismissed, then how can they keep it open?
I would appreciate any help
Thank You
He does not have a CCW, but is very aware of the laws for carrying.
A few months ago an 18 year old mentally challenged man was harassing and even threatening his girlfriends 6 and 9 year old sons at her apartment complex and the oldest boy told the young man to leave them alone because their mom's boyfriend has a glock gun. Their mom reported the incident to the local police and they came out and took a statement from the boys and the young man, who told police about the gun, so they asked if the gun was there. The weapons were at her apartment at the time and my son showed them both guns that were locked up in a case in the closet. They examined the weapons and said "okay, thank you" and left.
A couple weeks later the man decided to call the police and tell them that my son actually threatened him with the glock the night before. So the police went to the girlfriend's apartment again and asked my son about the incident, he told them that it never happened, which it did not because both his guns were at my home at the time. Again they said okay, thanks and left.
About a week later his girlfriend is pulled over by the same police department while driving her mother's car. She had a suspended driver's license so they decide to search the vehicle. She had just came from dropping my son off at work and before that he had gone to the gun range, so locked in the trunk were his 2 weapons, in their case with no ammunition in the vehicle at all.
They seized both weapons and took her to jail. They didn't charge her for anything other than driving on a suspended license, but every time my son would call to ask about his weapons they told him to call back later.
Finally, after about 2 weeks he went into the police station and was told that there was a warrant out for his arrest for carrying a concealed weapon in regards to the young man that filed a complaint against him (he was never notified of this in writing, by phone, or in any of the previous conversations he had when inquiring about his weapons).
He turned himself in and was scheduled for a preliminary examination a few weeks ago, the young man did not appear but instead of dismissing the case, the judge gave the police 2 more weeks to find this guy. So at the next hearing, the kid didn't show again and the police said they couldn't find him. They said he is believed to have left his residence to unknown whereabouts, so the case was dismissed.
Afterwards, my son inquired again about getting his guns back and was told that he would have to file a petition with the court at a cost of $100 if he wanted to try, and that wouldn't even guarantee their return. The police department has yet to notify him in writing or otherwise, the fact that they even have his guns or why they are keeping them. My son assumed that it was due to the ccw charge, but was never actually told why. He was also informed that they were going to keep the felony case open in case the young man ever does reappear.
Finally my questions,
1. Do they have a legal right to keep his weapons even though his case was dismissed?
2. If it was in fact a crime for the girlfriend to have them in the trunk without him being present, then why was neither of them charged, ticketed or notified in writing the facts surrounding it?
3. Could the weapons be released to me or my husband since neither of us has any criminal background?
4. And lastly, can they really keep this thing hanging over my sons head forever? If it's dismissed, then how can they keep it open?
I would appreciate any help
Thank You
