Police removing firearms - what are they legally entitled to take?

[mealiejimmy]

OK, this is very much a hypothetical question because, as far as I'm aware, the police are not coming to take my guns away!!
Let's assume that the police have reason to come to your home and remove your firearms and shotguns, and you don't have anyone you can transfer the guns and ammo to.
What exactly are they entitled to take away with them?
If you have, for example, a stalking rifle with scope, moderator, bipod and sling, are they entitled to simply take the whole lot or do you have the right to remove parts which are not deemed to be part of a firearm.
My understanding of what the law regards as a firearm means that I would remove the following parts before letting them take the rifle away:
Scope, stock, bipod, sling, magazine, action screws, trigger assembly and bolt handle.
That means they would leave with a barrelled action, a moderator, and the bolt minus the handle.
Presumably they would take the ammo for that rifle, but if I reload for that chambering, can they take the primers? (I think probably yes)
Anything I've missed?
For shotguns, would the forend be regarded as pressure bearing and therefore regarded as part of the gun? (personally I don't think so)
All sensible comments welcome

Cheers

Bruce

 

[Highlandsjohn]

I would say unless you stored them like that Jimmy, they would take them as found in the cabinet,legal or not.

 

[N1mr0d]

I have 2 experiences of this one friend had an alcohol problem the other early onset dementia. In both cases the police were going to take all guns. The shotguns easily enough to transfer to friends and the rifles went to RFD's. The police do not just turn up to do this without some significant justification which the families will be aware of before it happens.

Edit to add that the police turning up may have very little knowledge so are more than likely going to take the lot in the first instance

 

[maxtheflyinghorse]

happened to my friend.they just took the guns and he kept the scopes and other accessories

 

[reloader54]

OK, this is very much a hypothetical question because, as far as I'm aware, the police are not coming to take my guns away!!
Let's assume that the police have reason to come to your home and remove your firearms and shotguns, and you don't have anyone you can transfer the guns and ammo to.
What exactly are they entitled to take away with them?
If you have, for example, a stalking rifle with scope, moderator, bipod and sling, are they entitled to simply take the whole lot or do you have the right to remove parts which are not deemed to be part of a firearm.
My understanding of what the law regards as a firearm means that I would remove the following parts before letting them take the rifle away:
Scope, stock, bipod, sling, magazine, action screws, trigger assembly and bolt handle.
That means they would leave with a barrelled action, a moderator, and the bolt minus the handle.
Presumably they would take the ammo for that rifle, but if I reload for that chambering, can they take the primers? (I think probably yes)
Anything I've missed?
For shotguns, would the forend be regarded as pressure bearing and therefore regarded as part of the gun? (personally I don't think so)
All sensible comments welcome

Cheers

Bruce

It would depend entirely on that reason.
has any crime taken place?

 

[CarlW]

I should imagine that it would also depend upon whether you hoped to get them back at some point. You can be difficult or you can be helpful: I suspect they will respond in kind...

 

[Essex stalker]

If it happens make sure you take pictures of everything that they take and also make sure the pictures show what condition it is all in. I have heard of stories of people getting kit back full of scratches bits missing and other damage and police saying it was nothing to do with them

 

[Ranger22]

They will take them as is.
If two gun owners are in one house. One gets their guns lifted due to being bad the other persons guns can also get lifted even though they have done nothing. Even if they have separate cabinets.
If they do come to lift your guns, take pictures, get a receipt from the officer.

 

[Mossypaw]

Just the licensable parts. Action, barrel, mod, ammunition, primers, primed cases etc. You should be given time to remove scopes etc and also to put rifles in slips, cases etc. They will just bundle them up if you don’t.

 

[finnbear270]

Don't hold your breath boys.You should be given time to remove scopes etc and also to put rifles in slips, cases etc. These crews are usually strapped for time.

 

[nic531]

as a retired cop, legal or not it would have depended on your attitude on my arrival.. if you had been aggressive, argumentative, obstructive etc, i would not have let you handle the firearm and stated that it could have been sorted later....
if i had a power to seize or your FAC had been revoked, could you legally be in possession of the firearm while removing items?
A large number of officers have little or no experience or knowledge of firearms and would therefore err on the side of caution and just take the lot... you could then apply to a magistrate under the Police Property Act for their return. as to transferring.... cannot happen once seized unless the police give permission.

 

[Mossypaw]

as a retired cop, legal or not it would have depended on your attitude on my arrival.. if you had been aggressive, argumentative, obstructive etc, i would not have let you handle the firearm and stated that it could have been sorted later....
if i had a power to seize or your FAC had been revoked, could you legally be in possession of the firearm while removing items?
A large number of officers have little or no experience or knowledge of firearms and would therefore err on the side of caution and just take the lot... you could then apply to a magistrate under the Police Property Act for their return. as to transferring.... cannot happen once seized unless the police give permission.

Got to agree with that. If you are polite and civil the police will do the same.

 

[Sonicdmb73]

I have seen firearms in the evidence locker at a former local nick. I would not want to be the owner of any of them stored there.
I have also been in the local gunshop when people have been in asking for reports on damage to firearms that had been in police storage.
My advice would be if you think you might get a visit to remove your guns. Get them in storage at an RFD ASAP.
Divorce, bust up with the neighbours whatever the police will always air on the side of caution. Even if it is a malicious report (I had one once from a work colleague) you paint yourself in a good light and protect your firearms in one go.

 

[paul o']

If you know they are coming get an RFD to collect everything or take it there !! You must vid -record it all on your phone every word both side's they may well be doing the same above all don't rev up ?? . If they truck up in black PJ's there going to take everything that can go bang or is sharp and or is part of your hunting gear . There only doing there job as instructed so let them do it without a fuss ?, So now its up to you to prove you have done nothing wrong in law , it will cost you a few grand even if you are in an ORG like BASC and there is next to no chance getting the outlay back ? at this point your just guilty as sin !!!! .
As to your guns expect to see whats left of them in a shat state in around six months or so ,then if you wish go after them for the damage of said kit even if your case is unfounded or not as there still yours even if guilty to sell .You can request that an RFD acts on your request to collect all items and hold them in safe keeping until the case is sorted this way there value will be better as he will have a better duty of care with your items ?.
As per :
sonicdmb73
this is its good advise:
( Q )
My advice would be if you think you might get a visit to remove your guns. Get them in storage at an RFD ASAP.
Divorce, bust up with the neighbours whatever the police will always air on the side of caution. Even if it is a malicious report (I had one once from a work colleague) you paint yourself in a good light and protect your firearms in one go. (end)

 

[ashray]

good afternoon,had this happen to me twice over the years, every thing was taken, rifles used while in police hands ! and bolts stripped but not reassembled rifles returned dirty! 2007 <30 months to get back,false accusation .>second time was 14/12/2016 the day after my sons death!! two armed response police every taken. in the boot of their car and took six months to get them back. you don't get to touch them when they come to take them,be warned its not a nice experience AND YOU HAVE TO FIGHT TO GET THEM BACK EVEN WHEN INNOCENT.

 

[CarlW]

good afternoon,had this happen to me twice over the years, every thing was taken, rifles used while in police hands ! and bolts stripped but not reassembled rifles returned dirty! 2007 <30 months to get back,false accusation .>second time was 14/12/2016 the day after my sons death!! two armed response police every taken. in the boot of their car and took six months to get them back. you don't get to touch them when they come to take them,be warned its not a nice experience AND YOU HAVE TO FIGHT TO GET THEM BACK EVEN WHEN INNOCENT.

That's rough, mate. I'm sorry.
Carl

 

[Blobby159]

Damn but that IS rough, no question there!!!.. I had not realised, even thought, that an organisation that is employed by US to keep the peace and to RESPECT one another and our associated PROPERTY (i.e. the various units in our Policing Force), would - even COULD - be so thoughtless and uncaring, both in the removal and then in the subsequent handling & storage of one's rightful property. As has been mentioned, the firearms taken are STILL the property of the initial owner (defendant here I s'pose?) unless something exceedingly drastic has happened and is proven against one, but perhaps even then too?? So the disrespect shown by the poor handling, storage (and even use?) of one's property is not excusable and may even be illegal in the respect that a claim for damage may be levelled in such circumstances...

Pretty poor imho, and NOT what one of this society's legal followers should expect to receive from the Guardians of said!!? Also sounds like the bye-words for our Justice System in the UK - that of "Innocent UNTIL Proven Guilty" - is NOT being followed in such rough circumstances.... .??

ATB ...... and shoot safely

 

[sauer]

Ok lot of folk need to be more realistic

There’s what SHOULD happen

&

What will REALLY happen

They should allow to remove scope and other non certifiable bits

Reality is

They will come in usually not allow you to handle

Take the lot scope etc included
& it’s NOT handled with care they are bundled together in a motor and yes you fight to get them back and as said usually with some damage and evidence of having been used!

Not happened to me directly but to folk I know well
They got guns back .... eventually.

The polices main driver as said in an old pace brothers podcast with the police is
“Public safety “
Doesn’t matter if done nothing wrong .... remove the weapons ... prove your innocence THEN get them back

Paul

 

[TH4]

Went to pick up some shotguns from the police station that had been seized from a friend and had to wait for one to be brought back to the station by an off duty officer that had been using it.

 

[scotch_egg]

Went to pick up some shotguns from the police station that had been seized from a friend and had to wait for one to be brought back to the station by an off duty officer that had been using it.

Back in 1964

if this is happening now the intern investigation systems are so robust it wouldn’t pass under the radar unless no complaints were made or in actual fact the off duty cop didn’t have said shotgun and it had been booked in incorrectly.Which happens.