what happens to your gun after a self defense shooting?


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Madjohn
April 24, 2010, 07:46 PM
i was wondering because i have heard rumor that it is taken from you either temporally or permanently after you shoot someone in a self defense scenario. even in a proven self defense situation is this true?

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Ron James
April 24, 2010, 08:03 PM
Yes, it is evidence in case they want to put you on a cross. If every thing checks out and the courts deem you a innocent lamb, then it should be returned. Depends where you live and the state laws. Sometimes it is very difficult to get them to return your firearm, and when returned it may be rusted, chipped, tared and feathered. Fairness and logic have nothing to do with it.:banghead:

cassandrasdaddy
April 24, 2010, 08:20 PM
depends where you live and what happened

GRIZ22
April 24, 2010, 08:45 PM
cassandrasdady gave the answer. The only thing I have to add is you can count on your firearm being taken from you at least temporarily. This would be until the investigation and/or grand jury clears you.

WardenWolf
April 24, 2010, 08:53 PM
I've heard of some locales having a policy that any gun that's been involved in a shooting, regardless of whether it was justified or charges are filed against the owner, is taken and not returned. I can't cite specific instances, but I have heard that is the modus operandi in some places. It depends on where you live and what the circumstances are. In many cases, the police will not even take it.

Evil Monkey
April 24, 2010, 09:02 PM
I've heard of some locales having a policy that any gun that's been involved in a shooting, regardless of whether it was justified or charges are filed against the owner, is taken and not returned.

Isn't that illegal.

cassandrasdaddy
April 24, 2010, 09:12 PM
i knew a cop that shot someone while driving cab he had to give up his gun and he was somekinda mad

inSight-NEO
April 24, 2010, 09:34 PM
I would imagine that taking the gun (initially) is par for the course...pending any further investigation. After that, I would suspect that getting it back within a fairly expeditious time-frame depends on whether or not some attorney deems your case worthy of going to trial.

My question is, during such an "evaluation period," what is to become of any remaining weapons within the home?

Madjohn
April 24, 2010, 09:39 PM
that would be a scary thought, having your other guns taken while the investigation occurs.

inSight-NEO
April 24, 2010, 09:58 PM
that would be a scary thought, having your other guns taken while the investigation occurs.

Indeed. For instance, it is my understanding that Mr. Ersland (the individual currently on trial for the OKC pharmacy shooting), was asked to relinquish not only the weapon(s) used in the incident, but also was questioned regarding whether or not he owned any other weapons.

I am unsure of where this went exactly, but the idea that it was even brought up causes somewhat of a "pucker" factor. Keep in mind that Oklahoma is, for the most part, a pro-gun state no less!

rscalzo
April 24, 2010, 10:06 PM
Any firearm will be secured as evidence regardless if it be a LE or not. The time frame can vary until the investigation is over and the case is closed.

Oddly back in NJ the time frame was much quicker than up here in NH. although to be fair, the staff back in NJ was much larger than that of the rather small NH county.

Rarely, if ever is the determination made at the scene. But we have never taken possession of anything beyond the firearm involved in the actual incident. The only reason I could think of that would involved securing all the firearm would be if it involved a DV senario.

Madjohn
April 24, 2010, 10:14 PM
if the determination is made at the scene is the shooter allowed to go free and keep his weapon or is he still detained?

rscalzo
April 24, 2010, 10:20 PM
if the determination is made at the scene is the shooter allowed to go free and keep his weapon or is he still detained?

I can't imagine a determination ever being made at the scene. Too many are involved in that type of an incident. In our case the Prosecutor's Office is called in to handle any homicide or an incident where the possibility of a homicide resulting.

In reality, a bunch of guys standing around saying "what do you think isn't going to happen". The investigation will involve statements at some point and the logging of any and all evidence.

Frank Ettin
April 24, 2010, 10:24 PM
if the determination is made at the scene is the shooter allowed to go free and keep his weapon or is he still detained? It is a virtual certainty that the determination will not be made at the scene. It may be that the shooting appears strongly to be justified, in which case you probably won't be arrested. But the gun will still be taken as evidence at least until the investigation is complete and you ate exonerated.

Madjohn
April 24, 2010, 10:26 PM
thats good to know. i honestly hope that if i ever have to shoot some dirtbag in self defense even if he lives im not gonna want to be treated like the criminal.

Buck Snort
April 25, 2010, 01:33 AM
I live in the PRC and my Wilson Combat is a safe queen 'cuz I'd hate to have some cop grab it after an SD shooting because I'm sure it'd end up in the gunsafe of said cop and never cross my threshold again.

bellyup039
April 25, 2010, 09:07 AM
John,

IN my expirences, even a Swat team Sniper's rife was taken from him 3 times so far. Of course he was cleared within a few days and it was given right back to him.

HexHead
April 25, 2010, 11:04 AM
Depends on how nice a gun it is. They've been known to go missing from police evidence lockers if it's a nice enough one.

BeerSleeper
April 25, 2010, 11:13 AM
What ever happened to innocent until proven guilty?

nairb35
April 25, 2010, 11:24 AM
Imho I would not want it back. Think about it ,If you wound or kill someone even in sd would you want the reminder every time you pick up that weapon I guess if it was me I would not. I guess if it was allowed back to me I would sell it right away. My 2 cents. Sorry to op if I got off topic.

shootistpd27
April 25, 2010, 11:29 AM
What ever happens, I recommend to anyone, that you have an extra one or two, in my case 9, so that if they take it, you just smugly let them know, "oh, ok, I have more at home, take all the time you need" but make sue that you keep on them to assure that it doesnt end up in a department gun sale or in the chiefs collection. Yes, it does happen.

bigfatdave
April 25, 2010, 11:32 AM
Imho I would not want it back. Think about it ,If you wound or kill someone even in sd would you want the reminder every time you pick up that weapon I guess if it was me I would not. I guess if it was allowed back to me I would sell it right away. My 2 cents. Sorry to op if I got off topic.

Tying emotion to a tool is exactly what some other groups do.
Would you ditch the holster, belt, hand, and magazines too?
Assuming you survived, isn't that now your most reliable firearm?

If I were involved in even the most obviously righteous self-defense shooting, I would expect my weapon to spend some time in an evidence locker.
I have more, although only a few have holsters or are suitable for EDC. I would agree that making sure your property is treated well and returned ASAP is a priority, but I wouldn't be going unarmed the day after I so obviously needed to be armed.

shootistpd27
April 25, 2010, 11:34 AM
If you do get rid of the weapon then I assume you will consider it damaged. In that case I will buy it at a third of what it would be worth unharmed. Holler at me if you ever get into a shooting.

jkulysses
April 25, 2010, 11:40 AM
Imho I would not want it back. Think about it ,If you wound or kill someone even in sd would you want the reminder every time you pick up that weapon I guess if it was me I would not. I guess if it was allowed back to me I would sell it right away. My 2 cents. Sorry to op if I got off topic.


Wow really I guess we are complete opposites. What would be cooler than having a gun that actually saved your life when some sicko meth head ass raper was trying to get you lol.

Frank Ettin
April 25, 2010, 11:48 AM
What ever happened to innocent until proven guilty? "Innocent until proven guilty" refers to the presumption of innocence and burden of proof in criminal litigation (the "Golden Thread of British Justice" as Rumpole of the Bailey puts it). This means that at trial, the prosecution must prove all the elements of a criminal charge beyond a reasonable doubt. If the jury concludes that the prosecution has failed to meet that burden, the defendant is entitled to acquittal.

Arrest and restraint are another thing entirely. In the course of a lawful custodial detention or arrest, the police are permitted to use reasonable force, including mechanical restraints, for their own protection, to secure the person in custody and to prevent escape.

And you don't have to be "proven guilty" to be arrested or to have your property seized as evidence. A person may be arrested, and property seized evidence, if an LEO has has probable cause to believe (1) a crime has been committed; (2) the person arrested did it; and (3) certain property is connected with that crime. "Probable cause" is "sufficient reason based upon known facts to believe a crime has been committed or that certain property is connected with a crime...."

It's been working like that for several hundred years.

frogomatic
April 25, 2010, 11:57 AM
should I be involved in a self defence shooting I don't KNOW what will happen, but what I EXPECT to happen, assuming I survive...

My gun will be taken as evidence. I will probably spend some ammount of time in a holding cell, and be interviewed by police. I will have to apprear in court. I may or may not get my firearm back in acceptable condition.

My choice of carry and home protection firearm reflect my needs and expectations. my choices are what is dead reliable, inexpensive, and easily replacable. I've got a mossberg 500, a rock island 1911, and a yugo SKS.

Art Eatman
April 25, 2010, 12:34 PM
The process will vary from state to state. I'm just guessing, but I think that the firearm used in self-defense would be taken as evidence. How long it's kept is again a variable from state to state.

In many states, if the officers responding to the scene believe it was clear-cut obviously self-defense, no arrest is made. Again, a variable. A statement will be taken, either at the scene or "downtown". Downtown can then mean a ride back home.

IOW, there is no "One size fits all."

wishin
April 25, 2010, 01:08 PM
Wow really I guess we are complete opposites. What would be cooler than having a gun that actually saved your life when some sicko meth head ass raper was trying to get you lol.
Yep. Maybe even merit a place of honor on the wall with a plaque, or better yet mount a facsimile so you could still use the firearm for SD.:D

Madjohn
April 25, 2010, 05:42 PM
if i ever have to use my gun in self defense im going to consider it a blessing i had it and continue to carry it.

Buck Snort
April 25, 2010, 07:14 PM
What ever happened to innocent until proven guilty?
That's an old outmoded concept that modern law enforcement has worked diligently to destroy.

Buck Snort
April 25, 2010, 07:17 PM
nairb35 wrote: "Think about it ,If you wound or kill someone even in sd would you want the reminder every time you pick up that weapon I guess if it was me I would not."

Its an inanimate object and if you made a clean shoot there's no sense in having an emotional response to the presence of the gun you used.

RoostRider
April 25, 2010, 08:15 PM
In my experience.....? (and only mine)

They took my gun :(

They left the safe full of guns alone :)

After much deliberation, many empty promises, and several letters to 'this guy and that guy'.. the trial of the guy accused and convicted.... :(

They gave it back :)

It had finger print dust all over it, and they wouldn't return the ammo... :(

It cleaned up fine, and I reload anyways... :)

That's as much as I know about it...

nairb35
April 25, 2010, 08:30 PM
It's not like I would not carry anymore ,Just not that gun.I would bet there are people that have been involved in a sd incident that would agree. Yes I would be glad that I had the ability to protect myself but don't fool yourself ,there is and will be emotion involved in taking life.People that keep "trophies" from taking a life are comparable to being serial killers.

wishin
April 25, 2010, 10:35 PM
People that keep "trophies" from taking a life are comparable to being serial killers.

That's too laughable to take offense!:D

G.A.Pster
April 25, 2010, 10:47 PM
What you don’t scalp your kills, or make a necklace out of fingers? lol

rm23
April 25, 2010, 10:51 PM
It's not like I would not carry anymore ,Just not that gun.I would bet there are people that have been involved in a sd incident that would agree. Yes I would be glad that I had the ability to protect myself but don't fool yourself ,there is and will be emotion involved in taking life.People that keep "trophies" from taking a life are comparable to being serial killers.
How many infantrymen do you know?

Bruno2
April 26, 2010, 12:10 AM
I wouldnt put a dog down for defending my family. The one I have is just a mutt and she protected my wife in a very dangerous situation . I spent $1700.00 rebuilding her knees (the dogs knees). I would keep that pistol dear to my heart and would never voluntarily part with it.

Buck Snort
April 26, 2010, 02:41 AM
nairb35 wrote: "Yes I would be glad that I had the ability to protect myself but don't fool yourself ,there is and will be emotion involved in taking life."

You'd be surprised what mental preparation can do. I'd bet 99% of people who are involved in SD shooting have spent zero time in mental preparation. It'd be handy if somebody with SD shooting experience would set up a training program for those of us who carry. If you've prepared yourself well ahead of time to deal with the emotional trauma you'll for sure be much better off.

BeerSleeper
April 26, 2010, 08:25 AM
People that keep "trophies" from taking a life are comparable to being serial killers[/B]

That depends on your mindset. I could never live with myself if I took another life without reasonable justification. e.g. an unwarranted shooting, a vehicle accident due to my negligence, etc.

If I killed someone in a SD shooting, I honestly think I wouldn't lose a wink of sleep over it. I refuse to feel sorry for people for the things they bring on themselves. You are responsible for the consequences of your own actions, and if your actions are to threaten me with deadly force, the consequences are your own death. Your life is forfeit the moment you decided to make me or my loved ones the next victim of their violent crime.

That, and it really breaks down same as the optimist/pessimist half glass cliche. Is it the gun that took a life, or is it the gun that saved a life. It all boils down to whether you are inclined to be positive or negative.

Art Eatman
April 26, 2010, 10:52 AM
This has wandered way too far away from the purpose of this forum...

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