Police Confiscated 2 Rifles When No Crime Has Been Commited.

Heres my problem with this.

1. The police get a call, "hey my son is going to shoot himself with his gun"

2. Said police show up, detain the guy, and hold him in protective custody pending a mental evaluation.

3. Once the individual is removed from the scene, and kept in custody, he does not have access to his firearms that are his private property, in his home.

So, why confiscate them?

Once the individual is removed and in custody, thats as far as it should go. What happened to innocent until proven guilty? The individual in this case actually committed no crime at all, had yet to be evaluated, let alone gone before a judge.

As soon as you were released your property should have been returned. Never should have been taken in this case anyway, but if they didn't give it back without a fuss, or a hassle they overstepped their bounds IMO. Seek legal council, I belive your rights have been given a vacation by that PD.
 
Do not show even the littlest bit of frustration with the police. Be sympathetic towards your mom and very cheerful and matter of fact about your guns being returned. They are not in the business of returning guns, so you have to be a real cool cucumber to get them. Intimate that you are there to pick them up right now. If not possible then when? Date? Time?

They took them to cover their butts and had a duty to make sure that no one was hurt with a gun after they were there. Fine. They did that. Now they have a duty to keep your property in same condition as it was taken and make sure it gets back to you undamaged.

If they do their annual weapons destruction and you do not have an order to preserve property filed, you may be out of luck.

If they will not give them up the first trip to the station...GET A RECEIPT FOR THEM. That is important. They could "I'm not seeing these weapons back there, are you sure they were brought here?" Get the receipt. You may get good guys you may get thieves. Good luck
 
You're in a legal position to get some sort of injunctive relief against your mother. Bi-Polar is recognized medically as a form of schizophrenia. She's "disabled" in a sense where she's capable of creating legal problems for you because of her psychiatric instability.

Since you can't afford an attorney -- (It might cost you $500, and the State Bar might be able to provide some aid "pro bono" because it needs to be taken care of.) Since you can't afford an attorney, you should contact County Social Services, Dept. of Human Resources about having your mother assessed, diagnosed, and otherwise restrained from making unfounded charges against you.

A social worker can help present your case to the police. Sounds like no charges are being filed. You should be able to have your guns returned to you without any sort of complications.

The "issue" is the mental state of your mom. That needs to be addressed, and social worker should be able to help you with that.

Good luck, and keep us updated.
 
Take with you any documentation you can about your mother's condition. Someone mentioned her right to privacy. I wouldn't worry over that. Your right to privacy has already been sacrificed. Call your state level gun rights organization. See if they are able to offer any assistance. They may have attorneys who work cheap for their members, etc. As others have said, document that you can safely lock up the guns where she has no access. If you have no type of safe or cabinet and can't afford one, consider putting locking hardware on a closet door and use a secure combination padlock. With no keys to potentially float around, she can't gain access. If you do have a cabinet, put an extra combination lock on it.

Cops are between a rock and hard place with situations like this. Everyone seems believable but obviously someone is not truthful. They don't know any of you. I use to do some work and studies in a mental hospital. Mental patients can seem perfectly stable and sometimes are for a while. They can convince casual observers nothing is wrong with them.
 
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