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

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 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.


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