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Arizona ruling says police can temporarily take guns

PoliceA new Arizona court ruling says police can take temporary custody of a person’s gun for officer-safety reasons even if the person’s contact with police was voluntary.

A man appealing a firearms misconduct conviction argued that Phoenix police wrongfully took his gun after he agreed to talk with officers on a street in a high-crime area.

An Arizona law allows police to take temporary custody of firearms during encounters with people, and the Court of Appeals ruled that includes times when a person is not in custody and merely in consensual contact with police.

The ruling says that gives police flexibility while safeguarding the rights of lawfully armed individuals.

A dissenting judge argued that the law only applies when there’s an “investigative” stop based on reasonable suspicion of criminal activity.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

2 comments

  1. I’m with the dissenting judge. Allowing cops the latitude to take possession of your firearm without reason of suspicion (other than their personal safety) is an overreach. What is it about “…shall not be infringed.” that these judges don’t understand!

  2. I would expect to see this one appealed to the Supreme Court. Shall not be infringed is pretty self explanatory. Or how about the 4th amendment.

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

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