PHOENIX (AP) – A new Arizona court ruling says police can take temporary custody of a person’s gun for officer-safety reasons even if the person’s contact with police was voluntary.
A man appealing a firearms misconduct conviction argued that Phoenix police wrongfully took his gun after he agreed to talk with officers on a street in a high-crime area.
An Arizona law allows police to take temporary custody of firearms during encounters with people, and the Court of Appeals ruled that includes times when a person is not in custody and merely in consensual contact with police.
The ruling says that gives police flexibility while safeguarding the rights of lawfully armed individuals.
A dissenting judge argued that the law only applies when there’s an “investigative” stop based on reasonable suspicion of criminal activity.
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