Ariz. ruling says police can temporarily take guns - New York News

Ariz. ruling says police can temporarily take guns

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PHOENIX (AP) - A new Arizona court ruling says 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 high-crime area.

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 says 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.

Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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