How can I reclaim my pistol after being detained by the CT state police?

Question

Yesterday, at six A.M. I was stopped for a supposed busted taillight. Long story short, I politely informed the officer that I was indeed carrying a handgun (location on person), and presented my CT state pistol permit along with my driver's license. This particular officer leveled his firearm at my head from no more than five feet away, told me to get out of the car with my hands behind my head, and slowly walk to the hood of the car. This particular officer handcuffed me, then took my pistol, slammed it into the hood of my car (dinging the hood and marring up the pistol), where the pistol skittered off of the hood onto the asphalt; marring it up even further (I assume because I was handcuffed and in the squad car before it was retrieved). 

I was detained for nearly 12 hours, my personal property damage/destroyed, and I feel it was a prime example of police misuse of power. 

I have not retrieved my pistol, and my car was impounded. I've managed to retrieve my vehicle, however they refuse to turn over my Ruger Mk.II, even though I *was* (*was* = pending) not charged in any way, shape or form. 

*I am looking for an attorney, and have not found one yet. I am merely looking for preliminary advice. 

I repeat, I am *seeking* an attorney, and have not yet hired one.

Tahoeguy · Accepted Answer

Thats crap. Get an attorney, and contact the NRA-ILA and GOA. Im certain the NRA would love to know about this, thier legal team drools for abuse of power issues when it comes to concealed carry. 

No doubt the police have a difficult job, but by your actions, you were not presenting a threat. If you got mouthy or were not compliant for some reason, that changes thigs a little. The LEO's i know ususally treat CCW holders with a tad of suspicion for the gun presence and its not uncommon to hand the gun over and possibly be handcuffed until everything is verified OK. At that point there is no reason to detain you and you should be cited for the traffic issues (or whatever) and released.

I think it would be very worth it to pursue, at the bare minimum you need to make a formal complaint to CT state police. I am guessing you got handled by a rookie cop who paniced, got in over his head, and instead of backing off when he knew he was wrong, kept pushing hoping to find something that legitamized your treatment.

MJ · Answer

I'm sorry to hear this. That's a royal a-sfuc--ng.

This guy may claim that you threatened him with your pistol...  
Many law enforcement officers have stated that what you did is "exactly" what you should do.  Most law enforcement would prefer to be informed when you are legally carrying if they pull you over, to avoid any mishaps. Research this and present it, if it goes to court.

Ed: Important... Get a receipt from the police for your Ruger, ASAP.  
All departments should have a policy to handle this situation that you found yourself in with your CCW.  I'm sure that many don't...I'm sure that this is legally in your favor, if not exactly in your favor otherwise. 



This is not good advice, so feel free to not take it...

In addition to the answers above, after the dust settles, I would inform this officer (if given the chance) that:

"Ignorance of the law is no excuse for not abiding by it."

He will love that one.

Do it in front of his supervisor, you want to embarrass him and make him look bad.  

OK, maybe don't do this, as he may press his grudge against you if you meet again.  Still, it's a lovely thought !

(Has this officer heard of the 4th amendment ?)

TDM · Answer

WTF?!?!?!?

You, my friend, have received a royal fornication without benefit of a lubricating substance.

If your state allows guns to be carried as you were carrying, then the "officer" was completely out of line and should, at the very least, be reprimanded by the agency, and offer an apology to you for blatantly violating your rights, damaging your property, and wasting your time. A lawyer would be a good idea. You should be able to get your car and Ruger restored to the condition they were in prior to the violation, as well as reimbursed for lost time and expenses.

You, or a lawyer, should be able to directly contact the court to have your property released immediately, since there can be no evidence if there is no crime.

Good luck!

Anonymous · Answer

Holy Sh!t Batman! I have no real experience or suggestions except for my incident where I slammed a .45 cal hole into a local crackhead that forced entry into my residence.... But what you have here is a case where you will need a F'n good attorney. A public pretender would be a bad option. I didn't say a word to anyone accept the basics until I got to my attorney since I didn't want to incriminate myself. Good luck to you "A" and take care. Hope to hear from you soon on updates.

Anonymous · Answer

I've never actually been detained, but I'm sure the snotty sorority girls wince every time I walk by in my comfy warm sweats and T-shirt. Well, tough, I am not changing my clothes between every single dance class, so they are just going to have to get over themselves and deal with it.

Anonymous · Answer

I would file a lawsuit against both the officer AND the police department for real and punitive damages !!!!

That was clearly an intentional violation of your rights !! DON`T let this go !!  Could also be a case of malicious persecution !!

Anonymous · Answer

Go get an attorney..talk about abuse of power! this idiot obviously didn't have a clue about the         regulations pertaining to gun ownership...btw - was your taillight in fact busted? If not that makes it even worse. Don't delay - see an attorney asap.

Anonymous · Answer

I would say to get an attorney to represent you. This is a gross misuse of police power and authority.

Anonymous · Answer

get a lawyer, that is a misuse of authority

Anonymous · Answer

what a bunch of scumbags

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How can I reclaim my pistol after being detained by the CT state police?

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