Illegal or legal confiscation of a firearm ~ need help.

[smschulz]

I know this is TEXAS Gun Talk but I think it is worth asking.
I was watching an episode of the A&E Steven Seagal program where he is a LEO.
They stopped a guy for a traffic stop and searched his car (with consent ~ I know he never should have let them) and confiscated a handgun because he was 20yrs old.
Did not arrest him for anything.
I know it is legal in LA that you an have a handgun in your car with no permit ~ same/similar to TX.
I see no where that mere possession is against the law.
Fed regs in buying ammo or a handgun from a FFL is another story but does not apply here.

I think the confiscation was illegal.
I don't think the show itself has anything to do with this ~ IMO the locals were just wrong,
Anybody know or can shed light on this?

 

[txinvestigator]

They "said" he had to be 21 to posses. I have no idea what the laws are in that state. Since you seem to, perhaps you could post them or a link. Then we can help you.

 

[smschulz]

They "said" he had to be 21 to posses. I have no idea what the laws are in that state. Since you seem to, perhaps you could post them or a link. Then we can help you.

They said they were taking because he was not 21.
They checked him out and since he had no other wants/warrants/priors they let him go.
I don't think they even gave him a traffic ticket.
Other than that ... Not sure what kind of link you are asking for.
I do not know what the law is for sure ~ that is my question to someone that knows.
I have been searching and cannot find where 'possession' by an adult under 21 is illegal.
My theory is that they had no right to take the gun ~ which bothers me and the reason for the inquiry.

 

[jordanmills]

If he weren't allowed to have a handgun, why didn't they cite him for having one?

 

[txinvestigator]

If he weren't allowed to have a handgun, why didn't they cite him for having one?

There can be many reasons; no one here will know unless you ask those involved.

 

[smschulz]

If he weren't allowed to have a handgun, why didn't they cite him for having one?

Good question.
Pehaps they were just trying to be 'nice'.

 

[txinvestigator]

Good question.
Pehaps they were just trying to be 'nice'.

As a cop, I confiscated contraband without charging the person. It is called discretion.

 

[smschulz]

As a cop, I confiscated contraband without charging the person. It is called discretion.

Discretion as you put it or 'being nice' as I mentioned is fine but it is still undetermined whether it was actual 'contraband' or not.

 

[Young Gun]

Maybe they figured since he had a clean record, they would help keep him out of trouble and remove the handgun. Imagine if (for whatever reason) they let him keep the gun, and a week later he was involved in a drive-by shooting or something. That would really weigh on your conscience I think. So, while giving the kid a break and not citing him for possession, they also may have kept the streets safer and him out of trouble a little longer.

Just my theory though. I've had my fair share of "warnings" from the local police and I know I did not deserve any of them.

 

[smschulz]

Maybe they figured since he had a clean record, they would help keep him out of trouble and remove the handgun. Imagine if (for whatever reason) they let him keep the gun, and a week later he was involved in a drive-by shooting or something. That would really weigh on your conscience I think. So, while giving the kid a break and not citing him for possession, they also may have kept the streets safer and him out of trouble a little longer.

Just my theory though. I've had my fair share of "warnings" from the local police and I know I did not deserve any of them.

First, as far as I can tell it is not illegal to possess the firearm.
Second, he therefore has nothing to get a 'break' for.
Third, it was determined that this individual has no prior or current problems with the law and was by all accounts a law abiding citizen.
Lastly, until someone can show me that he actually broke a law (other than the traffic stop) > I think the confiscation was in error.

Someone please prove me wrong.

 

[Young Gun]

So it's not illegal to have a firearm if you are under 21 in LA? I did not know that, I thought that was the age limit everywhere (18 for rifle, 21 for handgun). I'm probably wrong though, my mistake.

 

[kerryp]

According to the information on this page, you can own a handgun at 18,,,,if I am reading it right, see question #14. If this statement is true and you can buy a handgun from a private individual at 18, that means you own it right?

Disclaimer: I just found this and have no idea if the information is correct....

Frequently Asked Louisiana Firearm Questions

 

[codygjohnson]

According to the information on this page, you can own a handgun at 18,,,,if I am reading it right, see question #14. If this statement is true and you can buy a handgun from a private individual at 18, that means you own it right?

Disclaimer: I just found this and have no idea if the information is correct....

Frequently Asked Louisiana Firearm Questions

That's the way I've always understood it.

This is a reality TV show though, and "discretion" looks good on reality TV. After all, Segal is supposed to be a "hero" or something.

 

[Big country]

So it's not illegal to have a firearm if you are under 21 in LA? I did not know that, I thought that was the age limit everywhere (18 for rifle, 21 for handgun). I'm probably wrong though, my mistake.

You do not have to be 21 to POSESS a handgun IN THE STATE OF TEXAS! But this incident is not from Texas. Where is it from? Is it from Los Angeles or is it from Louisiana?

 

[TxEMTP69]

http://www.legis.state.la.us/lss/lss.asp?doc=78747

§95.8. Illegal possession of a handgun by a juvenile
A. It is unlawful for any person who has not attained the age of seventeen years knowingly to possess any handgun on his person. Any person possessing any handgun in violation of this Section commits the offense of illegal possession of a handgun by a juvenile.


http://www.legis.state.la.us/lss/lss.asp?doc=78739
95. Illegal carrying of weapons
A. Illegal carrying of weapons is:
(1) The intentional concealment of any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, on one's person; or

http://www.legis.state.la.us/lss/lss.asp?doc=630878

http://www.legis.state.la.us/lss/lss.asp?doc=97460
§1382. Negligent carrying of a concealed handgun
A. Negligent carrying of a concealed handgun is the intentional or criminally negligent carrying by any person, whether or not authorized or licensed to carry or possess a concealed handgun, under the following circumstances:
(1) When it is foreseeable that the handgun may discharge, or when others are placed in reasonable apprehension that the handgun may discharge.
(2) When the handgun is being carried, brandished, or displayed under circumstances that create a reasonable apprehension on the part of members of the public or a law enforcement official that a crime is being committed or is about to be committed.
B. It shall be within the discretion of the law enforcement officer to issue a summons to a person accused of committing this offense in lieu of making a physical arrest. The seizure of the handgun pending resolution of the offense shall only be discretionary in the instance where the law enforcement officer issues a summons to the person accused. If the law enforcement officer makes a physical arrest of the person accused, the handgun and the person's license to carry such handgun shall be seized.
C. Whoever commits the offense of negligent carrying of a concealed handgun shall be fined not more than five hundred dollars, or imprisoned without hard labor for not more than six months, or both. The adjudicating judge may also order the forfeiture of the handgun and may suspend or revoke any permit or license authorizing the carrying of the handgun.

and for more info on laws in LA http://louisianacarry.org/laws/index.htm

Not sure if this helps, clarifies or whatever, but that is what I found.
google is your friend

 

[codygjohnson]

You do not have to be 21 to POSESS a handgun IN THE STATE OF TEXAS! But this incident is not from Texas. Where is it from? Is it from Los Angeles or is it from Louisiana?

Louisiana. Similar age laws on possessing and buying handguns as Texas.

 

[TxEMTP69]

On a side note just because the show didn't show him issued a "citation" or "summons" doesn't mean he didn't receive one.

 

[Big country]

hum.

 

[codygjohnson]

hackity hoo.

 

[Big country]

Bibidy bop!