Gut instinct tells me that this all stems from some sort of domestic issue and the police confiscated the weapon because they felt that in your present inebriated state, you proposed a possible danger to yourself or other's.

 

to the OP ? if you have a CCW or CPL you are aloud to have a loaded handgun or as many guns as you want in the car or truck.

You should know how ever you are not to carry your weapon after you are over the legal limit of .08

those guys were just giving you a hard time. tell them to go eat some doughnuts instead of harassing you.

 

I'm sorry that I've offended you in whatever way that I have. I've always thought you were a pretty good person from reading here on the forum and still do for what it's worth. I trust you'll be leaving this thread based on your opinion of me. Thanks for letting me know your thoughts. Take care.

 

I guess maybe the rest of the story is relevant.

Court order for ex wife to vacate property 12/31/10 by midnight. This did not happen. My first alimony payment was scheduled for 1/4/11, I did not make that due to the fact that she violated the court order and had not moved. Lawyer jumbo jumbo ensues. Ex wife atty says 'she needs money to move and that's why she hasn't'. 1/18/11 I have a courier deliver a cashiers check for 2000.00 made out to her. This event is followed by a initial e-mail from me to her atty saying ok, I just gave her 2000.00. Please vacate by 1/31/11. My atty follows up my e-mail w/phone call to her atty and never hears back. 2/1/11 no move! I still hold off on filing a motion. While all this is going on I am re-financing my home to pay my one time lump some cash payout to her. I receive a check from re financing on 2/09/11. Same bank as mine so I can get a cashiers check instantly which I do. I have it made out to my ex and her atty (as they asked me to do once they found out I was re-fi). I scan and e-mail this check to all parties and ask that they vacate the premises by 5pm on 2/12/11 and I will release funds. I propose to do a hand off, check for house keys with witnesses. Her atty says no, give it to us then we will move. As much as I wanted to do this and just have this thing end and my life move on, I can't. They have showed no signs of good faith therefore how do I know that she will move. 6:00 p.m. 2/12/11 I go to house, she has not moved. Her car is in garage. We have no contact, no visual contact, no texting, no nothing. At this time I'm just shaking my head in disbelief. Not crazy or anything, just saddened by the whole thing and how it's gone. So I decided that I was going to work on my truck anyways, I'm still going to do it. 7 beers over the course of the evening. I felt fine when I was ready to leave but still wanted to sleep it off.

Sorry for bringing my personal bs into this. I did not mean to mislead anyone so if I did I apologize.

 

That does put this whole thing in a different light. She probably dropped a dime on you and the cops could have been a lot worse.

 

This certainly does color the situation. You are lucky it did not turn out worse than what happened.

My brother is going through the exact same thing, except he don't drink, carry guns or own an F-150. She won't move out of the house that he is buying out of her. She "left" him but she wont get out. My bro has the upper hand since she has burned a lot of bridges and has some serious alcohol problems. Her own family can't stand her. It is too bad.

Time to change the locks when she ain't home and have the Sheriff on stand by for when she returns.

Believe me if your were the one who was supposed to leave, you can bet she would have had you thrown out by now.

TM

TM.

 

i say you better be lucky that you didnt get into more trouble than that........PERIOD.
did you get your gun back?
depending on the state you could by having alchol could loose your CCW license.

 

I would say that the X wife is certainly the one to have called the police and also informed them of the CCW. As far as the police wrongly confiscating the weapon. I suspect that due to the situation at hand and in your inebriated condition they wanted and needed to make sure that there was no way that the weapon in question could play a role in the situation ever becoming worse. I also suspect that it will be readily returned to you when you go and request it to be returned as long as your in a completly sober state of mind.

Put yourself in their shoes. They question you, your on your own property and not causing any problems, but your somewhat inebriated and you now know that your x wife called the cops on you for no real reason. They certainly don't want to be liable or have it on their concience if, after they leave, in your inebriated state you get angry or emotionally upset etc. and the matter escalates. The police did what they felt was necessary to protect all parties and ensure that they were not going to get a call back for a matter much worse.

The rest of the domestic situation is going to have to play out legally and once you have complied with all your legal requirements, it sounds like eviction orders may well be in order.
Document everything, have witnesess, your Atty. would be the best one to support your having complied with checks and payments etc. and then if she still refuses to move out, process the necessary paperwork and get her *** evicted.
Good Luck !

 

so what else happened??

 

Given the situation the cops were totaly right. Having a CCW does make you a saint or god or above the law. What happened was good police work, don't be cranked at the cops-it's your ex and her lawyer. Settle things the legal way, it will take longer but it will keep your reputation clean.

Good luck.

 

you made some very poor decisions as I'm sure you are aware.

As a CCW holder it is a priveledge and not a right. Alcohol and guns do not mix and you should never CCW any weapon after consuming alcohol or drugs that change your mindset.

With an ongoing domestic issue at the residence it is a poor decision to involve a firearm as it is only going to end badly for you. Whether you have broken the law or not you are asking for heartache and more paperwork. If she is already refusing to leave the residence after you have taken the steps her and her attorney have asked, how do you think they will respond to a gun in the situation?

For a DUI-Physical Control all you need to be arrested for is to be behind the driver seat of a vehicle with access to the keys and ability to start the vehicle; It's the same as a regular DUI penalty wise. Obvious defense to a Physical Control case is whether you were safely off a public roadway at the time the officer contacted you. Depending on your state law this will cause the charge to be dropped. But you will still be processed for DUI, have issues with your license and a couple months of heartache until the case is resolved.

If you were where you said you were I would suspect a neighbor or your wife called 911 and reported you. After the initial call the Officer's have every right to investigate the call and circumstances. If they found you inebriated at that time its on you. The weapon was most likely taken for safekeeping and can be picked up from your local PD station's property room. Sounds like the Officer's took the weapon due to you being intoxicated and having ongoing domestic issues with the other residents in the home.

Ask yourself this question. Is it better for the Officer's to leave you with the handgun not knowing you or your wife's situation other than what either side told them and risk having a violent incident take place. Or take the weapon out of the equation so they know it cannot be used? Sounds like they took the side of caution and removed the gun like any officer would do.

 

I'll be praying for you John. Hope your situation gets better soon.

 

Me too............Bet your former wife is trying to obtain a personal protection or restraining order down at the courthouse and using this incident to prove she needs it.

Been there, done that...........

Best thing you can do is just lay low and not add any more fuel to the fire.

 

Was there anything else going on? No. Anymore parts to this story? No. Again, I apologize if my opening post was mis-leading, was truly not my intention.

I can sit here and rationalize everything to myself over and over but it is always good to hear input like this. I completely agree with what you guys are saying and especially how the police handled it. They don't know what's going on. They just know there's a guy here sleeping in his vehicle, a domestic situation going on, and he has a weapon. They did the right thing, I am in no way upset with them.

I understand too that having a ccw is a privilege, not a right. Just like a drivers license. I do not feel like it makes me any different than anyone else. I have it for one reason and one reason only, self defense. I do not flaunt my ccw privilege to people, I respect it for what it is. I don't carry and booze. I had it with me at my home, in my garage. I'm not working on my truck carrying a piece around slammin' beers either, it's just in my garage. Looking back I should have left it in the garage all together and got it when I left in the morning, or even later in the day.

My initial line of questioning with the officers was enough for them to determine weather or not I was inebriated. They asked me if I had been drinking, I told them the truth, why wouldn't I. I believe I mentioned that they wanted me to take a breathalyzer. I did. I was not under the influence.

The answer to my original question is yes, especially given the circumstances. I see this now. I posted this up without giving myself proper time to process all of ingredients that led to this morning. You folks have helped me with that and I thank you.

I've embarrassed myself here one to many times, time to put the tail between the legs and move on. Take care and thanks for everything (truck wise too).

 

I've had a similar situation before John. I didn't have a gun. But I was on my property. Fenced property that is. I was drunk, and sitting in my truck with the engine running (Because the mosquitoes were out in force. ) I was a sleep, and some one started banging on my window with a mag light, and then shined it in my eyes. I said **** you, and dropped it in gear and drove off, (not in any hurry that is). It was on a logging road on my property. But I got ticketed for fleeing a wild life officer. It seems he was crossing my property while following some poachers, and thought I was one of them. But when he pulled in behind me and turned the blue lights on I stopped.
I still don't feel I was in the wrong, because I was behind locked gates.
I had done it many times before and some after. It's my property, I think I can do what I want on it as long as I don't bother anyone else.