[Grumpyoldman]

Hi all,
I am new to the forum, so I hope this question is in the right place.
A person I know from work had to defend himself from 3 attackers.
He shot at one of them after they beat him with a steel pipe.
The police confiscated his firearm and his Carry permit. I understand taking the firearm, but is it normal for the police to confiscate your permit? It has been about 2 months and he still does not have it back.
Thanks for any info on this.

 

[tag]

lawyer up

 

[MPDC66]

You didn't mention IF your friend has been charged with a crime from this incident.

Also, IF they were fleeing AFTER beating him, there is a big question as to whether he had the right to shoot. Also, did his shot hit anyone or anything NOT involved in the assault.

There are many factors , regardless of our emotional sense of Justice, that enter into making a shooting justified. Even LEOs usually have to demonstrate that discharging their weapons was "justified".

Without the entire story, no one here can give a relevant answer.

I suspect your friend already has a lawyer and if not,needs one.

 

[OLDJEEP813]

Well my question would be is it normal for your permit to be taken after a shooting. I know that your weapon goes as evidence and you may never see it again but this is the first I've heard about your permit.

 

[Paladin]

Never heard of that happening before. JSO?

I understand confiscating the weapon but not taking the CWP.

If it was me and something happened to me because I couldn't legally carry while the Police had my permit I (or my survivors) would start a huge lawsuit against the city.

 

[MPDC66]

Well my question would be is it normal for your permit to be taken after a shooting. I know that your weapon goes as evidence and you may never see it again but this is the first I've heard about your permit.

That is exactly why you need ALL the factual information before making an assumption about the incident. Two months down the road there has to be more to the story than given here.

For example, a felony charge would preclude legal carry untill adjudicated. Definitely a matter for an attorney. Confiscation of the license would indicate a suspension of carry permission at minimum. There is, I'm sure, case law on this.

 

[GlockComa]

Never heard of that happening before. JSO?

I understand confiscating the weapon but not taking the CWP.

If it was me and something happened to me because I couldn't legally carry while the Police had my permit I (or my survivors) would start a huge lawsuit against the city.

I agree 100%.
Was it JSO, Grumpy?

Wondering if it was warranted to take though.. (drugs, alcohol?)

 

[MiklColt45]

I am trying to remember what the law says, but can they take your carry permit without you having been found guilty in a court of law?

Anyone remember?

 

[steve66]

Is he a resident in the State where the issued occurred?
Was his permit issued in another state then where he resides?

 

[Rvrctyrngr]

Lots missing here. Cops can't even take your driver's license, let alone a CWFL. Confiscation of a license comes after a judicial proceeding, not at the point of arrest/being charged...not even for a felony.

opcorn

 

[deadeyedick]

Lots missing here. Cops can't even take your driver's license, let alone a CWFL. Confiscation of a license comes after a judicial proceeding, not at the point of arrest/being charged...not even for a felony.

opcorn

Beat me to it...I don't believe that LEOs have the lawful authority to confiscate a CWFL. He should ask ACS for a duplicate.

 

[Grumpyoldman]

Yes it was JSO. He was not fleeing. They were still attacking him. He had witnesses that told the police what happened and verified his story. He was withdrawing money from an ATM when attacked.
They charged him with discharging a weapon within the city limits.
That is all the info I have.

Thanks for all the feedback.

 

[J T]

...
They charged him with discharging a weapon within the city limits.
...

What an absolute crock of crap. :thumbsdwn

 

[Grumpyoldman]

I just talked to the person who was attacked and he said he was not charged with any felony.
He said to thank everyone for the info and will talk to his lawyer monday about getting his permit back.

 

[MPDC66]

That IS disturbing. Were the attackers arrested? It almost sounds as if the JSO is treating it like he just shot for kicks and , perhaps, was not being attacked but rather using that as an excuse when caught.

Not being familiar with that jurisdiction, it really sounds like they are going out of their way to make life miserable for him since he had witnesses to vouch for his story.

Sad to hear of this sort of thing.

 

[bwtr]

LEO friend of mine commented on this, says that it shouldnt have been taken away by the deputy. The quickest way to get it back is to request a new copy of the license thru the dept of ag. If the sheriffs dept refuses to return it.

 

[GlockComa]

...he was not charged with any felony.

does that mean he was not charged with discharging a firearm in public? Is that a felony?

 

[henryher]

Here is the real scenario we have been waiting for. We need to keep on top of this one. I did a search on Google but did not come up with any news about it.

I still don't undestand why the JPD acted that way. There has got to be more to this whole thing. We need more information on this.

 

[fridaddy]

Here is the real scenario we have been waiting for. We need to keep on top of this one. I did a search on Google but did not come up with any news about it.

I still don't undestand why the JPD acted that way. There has got to be more to this whole thing. We need more information on this.

Because JSO has some really questionable tactics.I would love to hear additional info on this, especially who his attorney is.

CCW are revoked by an administrative proceeding after conviction, not before.
A condition of bail, even with an ROR may be no guns, but that is voluntary choice to be out of jail, not that I agree with that law.

 

[Rvrctyrngr]

does that mean he was not charged with discharging a firearm in public? Is that a felony?

No. Discharging a firearm in a public place is a first-degree misdemeanor (FS 790.15). It does NOT apply in a situation where a person is defending life or property.