Release of Firearms or Weapons Seized Policy

POLICY:

While investigating incidents such as: suicidal subjects, emergency mental holds, domestic violence and property disputes, weapons are occasionally seized, to be held for safe keeping in the evidence/property room, due to safety concerns for subjects involved, or to protect from potential theft.

Firearms may be released back to the involved party/owner at a later time, giving that he/she is not prohibited from possessing said firearm(s).

A criminal history check will be completed by the property custodian, and a “Firearms Return Affidavit” must be completed and signed by the owner, and notarized, prior to the release of the firearm. Firearms may also be released to a family member of the owner, so long as he/she follows the same procedures and is not a prohibited person.

Firearms that have been seized, due to an emergency mental hold, or suicidal subject, may only be released back to the owner if: he/she is not currently suffering from a mental illness, he/she has not been adjudicated as a mental defective and he/she has never been committed to a mental institution.

Because the above mental health issues are not available to law enforcement, via a criminal history check, the owner of the firearm shall assume all responsibility, if he/she acknowledged that he/she is not subject to any of those mental health issues when filling out and signing the “Firearms Release Affidavit.”    

In the event information is obtained and/or behaviors are observed that cause concern for the wellbeing of the owner of the firearm, or the safety of the general public, our agency may utilize discretion and require the owner to obtain a court order, prior to the release of the firearm.

The City reserves the right to revoke and/or suspend this policy at any time.

Please click the link below to access the Return of Weapons Affidavit. The form should be completed, notarized and returned to the Payette Police Department.