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Arizona high court to review ruling on temporary gun seizures

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.


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