Ruling on temporary gun seizures to be reviewed - KMSP-TV

Ruling on temporary gun seizures to be reviewed

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PHOENIX (AP) - The Arizona Supreme Court has agreed to review a lower court's ruling that 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 in a high-crime area.

State law allows police to take temporary custody of firearms during encounters with people, and the Court of Appeals ruled that includes when a person is merely in consensual contact with police.

The July 30 ruling said 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.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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