Question:

If you are in your vehicle, engine running, sleeping, at your home, weapon loaded on the floor board by your feet, can the police confiscate your weapon?

Scenario: I was working in my garage last night, completely civil, drinking some beer and listening to tunes. Around 1 a.m. I went outside to take a leak. While outside and for whatever reason I sat down in my Toyota. Started it up for some heat and was just thinking about some crazy stuff. I took my holster off and laid on the floor board. Well evidently I fell asleep cause I woke up to the police knocking on my window at 6:30 a.m.!!! They(2) where very cautious. He announced to me that they knew I had a ccw and asked if I had a weapon on me? I explained and after some very awkward moments I was finally asked to get out of the car. Once we started talking I think they understood that I wasn't some looser jerkoff. However, the one officer seemed like the unforgiving type and told me he was confiscating the weapon and will be doing an investigation.

Of course there is a little more to this story but nothing else I believe that would be relative to my question. I have no record, never in trouble with the law, do not break the law (except for maybe speeding ) work my *** off, donate to the patrolman's association, completely respectful of the law. Also, I never said anything at all that would possibly be interpreted as confrontational or argumentative to the officers (especially after seeing the demeanor of the one cop!).

Was I in violation of the law? Did he have the right to confiscate my weapon?

 

I believe if you have more than 2 drinks your not allowed to carry. But you werent carrying it so im not sure.

 

you're lucky you didn't get a DUI...

 

Forgot to mention that the officer in charge had me blow in the portable breathalyzer, in my own frickin' driveway. He said I was not over the legal limit but the portable devices aren't as accurate as the one at the station. Said he wasn't going to take me down there, gonna 'give me a break'!!! What a joke!!!!!

 

You are probably lucky they didn't taser you.

 

dont taze me, bro!

 

No kiddin'!!! Actually yeah, I'm surprised they didn't. Or drag me out of my car and shove my face in the concrete!

 

Why didn't you just go in the house to warm up?

Were you in your driveway or parked on a street? That certainly would make a difference. Just sleeping in a running car after drinking can lead to a DUI, even if the car is parked legally in the street. Having a loaded, assembled weapon in the passenger area of an automobile is illegal here in Illinois. We have no concealed carry law like you do.

I fell asleep in my running car in front of my house after drinking once when I was young and dangerous. But I wasn't hanging around in the garage--I was coming back from somewhere; I wasn't armed and no cops were involved. I never let that happen again. Not judging you here, but if your situation happened here in Illinois, you likely would have been arrested.

Good luck getting your gun back. It would be my guess that you will get your pistol back, especially if everything was legit as you say it was. .

TM.

TM.

 

My driveway winds around behind my house to my garage. Where I had my Toyota parked last night you couldn't even see it from the street.

 

so maybe someone called the cops on you?

 

I have to ask why did you get into you car after you were drinking and carrying a gun? You put yourself in a position to get a DWI and a felony for being drinking and CCW. If you have the keys accessible to you and are in a vehicle you can be charged with DWI. The cops will assume you were driving and will charge you.

 

Obviously someone who has it out for you called it in. I doubt those guys would have been cruising behind your house just for kicks.

 

Why does the little voice in my head tell me that the there is more to this story then you are revealing.
Your asking for other peoples opinion of the situation that occured which is fine but it appears that by leaving out the "more to the story" that you don't feel is relative to the question, you only want the opinions that support your side.
The police don't merely show up at random, to follow winding driveways that go around house's to peoples garages. It is obvious that they were called and were there for a specific reason.
I suspect that the "more to the story" that your choosing not to tell us, ( which is fine since it's your business ) is Very relevent as to why the police were there and to the end result of their visit.

 

Guns and beer do not mix. If you had a few drinks, then that gun should have never been around you!

You give ccw holders a really bad name drinking and carrying a loaded firearm.

 

I agree, what else are you not telling us? I already don't think very much of you, so don't hold back.