4th amendment question

[swalsh411]

At that point, the business could detain for the police if they desired, or return the weapon and tell him to leave, or whatever else they might choose to do.

I'm calling BS on that. You cannot agree to be illegally detained. As a property owner you have the right to control who is on your property, and demand that they they leave, and call the police and report the tresspassing if you don't, but you cannot detain except in cases where you actually witness a crime like shoplifting. (and even then you are some very shaky ground if you attempt to hold them once they are no longer inside the property but in the parking area).

By your logic a person could "agree" to be raped as a condition of entry.

Are you actually suggesting that any person with half a brain would attempt to either take away the gun or seize and detain a person they know to be armed?

 

[Proseguru]

If the gun is taken away by a person at a private business the ATF/BATF/local police would get involved if the owner calls them.

Only police or court can confiscate firearms.

Is the person who took it a felon? Who knows at this point.

Its may be seen as an illegal gun transfer; so the ATF/BATF could get involved if they wish.

It is both a civil and criminal matter once the gun if removed w/o consent.

Taking a firearm from someone has dire consequences. If you have a problem with a person & his/her firearm call the police.

 

[slwslw]

Jarbo said:

were private police but commissioned officers while on duty through some wired legislative act. So I am assuming they are government actors and have to follow the constitution.

I'm intrigued by private guards being commissioned officers. I know in Cleveland they make guards "private police" giving them misdemeanor arrest authority, which citizens in Ohio don't otherwise have.

In Indiana, guards can go through training and be sworn in as "Merchant Deputy Sheriff's" and have full police authority when on duty and I believe San Francisco and San Jose have similar programs. I didn't know Washington state had anything similar to that.