PHOENIX — A new Arizona court ruling said 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
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 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.