PHOENIX — The Arizona Supreme Court 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
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.