No good deed goes unpunished — that’s a lesson George Boggs of Fayetteville, North Carolina, learned earlier this month when he voluntarily turned his handgun over to the local police for safe-keeping while he went into the hospital following an automobile wreck. When Mr. Boggs (who maintains a valid concealed-carry permit for the handgun) later attempted to retrieve his firearm, the police said, sorry, we’ve sent it out for ballistics testing and can’t give it back to you yet.

Apparently the police in North Carolina believe themselves empowered to retain a law-abiding citizen’s firearm, and test it to see if it matches any firearms or ammunition on which the police have records that were used in crimes, regardless of whether they have any suspicion whatsoever that the firearm is illegal or has ever been used in the commission of a crime. And, the police do this even if the person has voluntarily and temporarily left a firearm with the police for safe keeping. In this case also, the owner of the handgun did not want the firearm fired because it had never been fired since he purchased it new, and he believed its value would be diminished.

Tough luck, according to the law enforcement authorities; so long as they get a firearm — however they get a firearm — they keep it as long as they want to test it, and , if it matches ballistically with some record they have, they would keep it indefinitely.

So much for property rights. So much for Fourth Amendment guarantees against unreasonable search and seizure. And so much for being a good citizen. When it comes to firearms, many law enforcement agencies believe they can do pretty much whatever they want, whenever they want, to whoever they want.

Again, I know there's good cops out there...

Four-leaf clovers, too. I've found two in my lifetime. At some point real soon, I think we can be done throwing that qaulifier into every duscussion of police wrongdoing.

Give the police an inch and they will take a mile.

Police - "Can we hold that gun for you for safe keeping while you go to the hospital"?

Me - "No thanks. I have a permit and it is perfectly safe with me thank you very much".

Yep, I believe most hospitals have a protocol for handling guns that come in with a patient who's been in an accident, etc. I believe they lock it up until you leave. That would be a much better course of action that giving to the police. They should be required to return it to you the MOMENT you show up and ask for it as long as you have ID. To do otherwise should be criminal.

the owner of the handgun did not want the firearm fired because it had never been fired since he purchased it new, and he believed its value would be diminished.

This question "Fourth Amendment Violation in Police Policy of Test-Firing All Guns They Get, Even With No Individualized Suspicion?" is being discussed at The Volokh Conspiracy.

Factual background: Man injured in auto accident VOLUNTARILY gave gun to police for safekeeping as he was loaded in the ambulance for transport to the hospital. They run S.N., want to do ballistic testing, and otherwise mess with it before they will return it (to the totally innocent owner).

The RULE to remember is (as stated by a participant in the discussion):

http://volokh.com/posts/1251850460.shtml