Can the police hold guns when no charges were filed nor guns ever used?

UPDATED: Jul 10, 2012

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Can the police hold guns when no charges were filed nor guns ever used?

I was having suicidal tendencies. Guns were never involved. They took the guns, no charges were filed, and my psych evaluation concluded not suicidal but relationship issues and depression. They won’t release firearms to me without a letter from a psychiatrist. Is this legal? Is this constitutional with my right to bear arms?

Asked on July 10, 2012 under Criminal Law, Missouri


Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 10 years ago | Contributor

You have a right to possess firearms so long as you are legally entitled to do so by your State. However, the legal right to bear arms is not an all inclusive right so long as you pose a threat to harm yourself or others with your weapons. If you have any type of psychiatric episodes in which you have posed a threat to yourself or others, the police can confiscate your weapons until that threat has been diffused, usually with supporting documentation from your doctor or psychiatrist saying so.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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