Evidence


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Bazooka Joe71
October 21, 2006, 12:22 AM
This is a total hypothetical question for me, but say you have to shoot/kill someone in a self-defense situation. There are no questions in the police's and even a jury's mind that you were totally justified in killing the bad guy.

Is the gun you used gone for ever? Or until the trial is over? Or before that?

I was just curious.


Thanks in advance guys.

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Hanzo581
October 21, 2006, 12:23 AM
If you are cleared, the gun is returned to you post trial

thexrayboy
October 21, 2006, 12:30 AM
Well that may depend on what political jurisdiction you are in. Just because
the shooting was justified doesn't mean you will get your gun back. Just remember NO where they confiscated guns by the trunkload that had not been used to shoot someone. Even now after being ordered by a judge to return the guns to those that own them the city of NO is finding ways to refuse to return them. Anything is possible.

DoubleTapDrew
October 21, 2006, 03:36 AM
Yeah sometimes they are returned quickly and sometimes they'll find a way to keep them forever. Not a very good deal since you are left defenseless if it's your only gun.

Steve in PA
October 21, 2006, 04:48 PM
The gun, which is evidence will be held until a final ruling is made. If it was a "good shoot", you should get it back pretty fast. If there is some question as to what happened, conflicting witnesses reports, etc....its going to take longer.

Bazooka Joe71
October 21, 2006, 09:27 PM
Thanks guys.

Guess that means I dont want to carry the good ones.:D

44AMP
October 21, 2006, 09:37 PM
Just get a spare. Same exact thing (if possible, that way your holster still works). If you want to get really serious, rotate use (and carry). That way if one gun has to become evidence, your spare in already broken in and dependable.

thexrayboy
October 21, 2006, 09:39 PM
What it essentially means is don't carry a family heirloom or other rare, valuable or difficult to replace weapon. If you were to use such an item in self defense the chances of getting it back are fair at best. If I should have the misfortune of using my sidearm in self defense I could afford to lose it to the black hole of the legal system. I would not like it and would fight to get it back but it would be easily replaced with another I own or would purchase.

Frog48
October 21, 2006, 09:47 PM
What it essentially means is don't carry a family heirloom or other rare, valuable or difficult to replace weapon.

Bingo. Evidence, in law enforcement custody, has a tendency to get "lost".

For this reason, the firearms I keep ready for home defense are common, easy to replace models, just in case they ever get used and subsequently confiscated as evidence.

The guns that I would be heartbroken to lose, such as my favorite duck-killing shotgun and deer rifle, remain unloaded and locked up. :D

vynx
October 21, 2006, 10:24 PM
I wouldn't count on getting the gun back it gcould be held as evidence forever - the way it is today some relative of the BG may sue or file aome case ot have his name cleared and its evidence forever.

So keep your Korth in th safe and use a Glock for SD!

SoCalShooter
October 21, 2006, 10:29 PM
If it has any type of major value to you and cannot be replaced dont use it, get a replica of it or get something cheap like a glock.:evil:

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