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Old 08-28-2008   #1 (permalink)
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Weapon confiscation?

I went to a job downtown the other day. I had to do some work at a guy's condo in the Conrad. I don't normally carry while I am on the job, but since I was going to be downtown in parking garages I decided to carry. After walking past security, acting like I had been there before, I went up the elevator to the condo. While I was waiting to get a phone call, I was looking at the permits and other various documents attached to the window. Among these documents was a set of rules/regulations/whatevers. One of them said that Conrad security reserves the right to inspect any tool box, bag, purse, container, etc. It also stated that weapons were prohibited and that any weapons found would be confiscated.

My questions is:
What legal rights does anyone have to confiscate anything? Had they discovered I was carrying, could they have legally taken my firearm from me?

Also, what do they deem a 'weapon'? I had a utility knife, which is a weapon, but they would consider it a tool. A firearm, on the other hand, can be a tool, but they would consider it a weapon.
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Old 08-28-2008   #2 (permalink)
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I doubt they would legally be able to confiscate your property. just a guess though
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Old 08-28-2008   #3 (permalink)
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Best Buy claims they have the right to inspect your bag on the way out. Doesn't make it true.
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Old 08-28-2008   #4 (permalink)
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Quote:
Originally Posted by Ri22o View Post

My questions is:
What legal rights does anyone have to confiscate anything? Had they discovered I was carrying, could they have legally taken my firearm from me?
They have no legal right to take your property. You do not have to surrender your property. They can ask you to leave the building, failure to do so may result in criminal trespass.
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Old 08-28-2008   #5 (permalink)
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Originally Posted by Scutter01 View Post
Best Buy claims they have the right to inspect your bag on the way out. Doesn't make it true.
Honestly, I could care less about that. I am more concerned about the legalities of seizure than them looking. I would be more than happy to decline to a search, but I am interested in what my options and course of action would be in the event they try to take anything from me.
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Old 08-28-2008   #6 (permalink)
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Quote:
Originally Posted by Ri22o View Post
Honestly, I could care less about that. I am more concerned about the legalities of seizure than them looking. I would be more than happy to decline to a search, but I am interested in what my options and course of action would be in the event they try to take anything from me.
My point was that if they don't really have the right to search you, what makes you think they have a right to seize your personal property? I'm not even sure they can even physically touch you without risking an assault charge.
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Last edited by Scutter01; 08-28-2008 at 21:08. Reason: typo
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Old 08-28-2008   #7 (permalink)
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Melensdad is right. Any seizure on their part would amount to theft. All they can do within the law is ask you to leave. I spent some time in loss prevention for a major retailer and I learned a lot about ways you could get yourself sued...
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Old 08-28-2008   #8 (permalink)
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Quote:
Originally Posted by Scutter01 View Post
My point was that if they don't really have the right to search you, what makes you think they have a right to seize your personal porperty? I'm not even sure they can even physically touch you without risking an assault charge.
That makes a little more sense. I wasn't concerned, if they stopped me it would have been on my way out and I would have been more than happy to leave the property.
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Old 08-28-2008   #9 (permalink)
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If they lay a unauthorized hand on your pistola, pick up the cell phone and call 911 and report it as stolen. I'm sure you will get it back asap.
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Old 08-28-2008   #10 (permalink)
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The only catch is when the person searching you is your employer. In Indiana, you can be fired for any reason. Otherwise, they can only ask you to leave.
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