I got shot, my guns got taken

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From the police perspective, even though all people were telling one story, it COULD just be that your wife got mad at you for screwing around with her sister, took aim at your balls and shot you in the knee. Realizing that you love your wife, and being sorry for messing around with her sister, you confess your true love for her, she forgives you, and then you realize that you might just not want to have her arrested and convicted for attempted murder.

So, you call your buddy over to your house, and concoct a story about your buddy accidently shooting you with his 9mm.

Sound plausable? Perhaps, and having been in LE for over 30 years, I have heard a bunch of concocted stories in my time.

Please accept my apologies in advance for the storyline, I also believe you, but I just wanted to make a point that the cops can't/don't automatically believe what the witnesses say. They felt compelled to take the weapons in the house for ballistic testing, (they likely will not test them) but if new evidence comes up, at least they have the guns to test. 8 weeks is not unreasonable.

As far as an attorney goes, I'll relate another story. About 20 years ago, a student of mine was raped in her home, and eventually, she got to her gun, (one of two she owned) and shot and killed the rapist. They took both guns, and wouldn't give them back to her, until she got an attorney involved, and magically, they became much more cooperative. You might need an attorney. If you don't get the guns back after the prescribed 8 weeks, give me a call, and I'll hook you up with one of our ACLDN attorneys out of Miss. to give you a hand. A phone call or two, perhaps a letter ought to do it.
 
I would certainly send them a letter with a description and ser. no's. of the guns and include a time frame and formal request for their return. It is my experiance that if a firearm comes into a LE's hands it will at least be run through the records of stolen firearms. I would also suspect that in some departments if they have one in their lab or evidence room they will fire samples to if nothing else add to the growing database of firearms.
I haven't seen Game Wardens do ser.# checks yet but I would expect to see it coming soon.
 
New guy here, just a quick note; If your guns were not purchased from a lisenced gun dealer, meening FFL certified, chances your guns might have a past not too colorfull and you might be in hot water with out even knowing the facts. Most people hate the facts of registering their fire arms, but believe in the truth and facts to this reasoning.
If your gun was purchased from a third party, you have no idea of whom had the gun in the past, and it could have been used in a crime, now you are a link and who knows what they would be looking for next. Seen it too many times out here in the desert.

Maximo
 
Regardless if you didnt press charges the state may pick charges up, from evidence gathered at the scene. Your firearms are evidence, and I suspect things that you may not realize they may have removed.
First things first, regardless if 911 was or wasnt called, there was a shooting, there was a discharge of a firearm, there was an injury resulting from a shooting, there were fireams at the scene which means the police had to be there first before the paramedics.
As mentioned your firearms may be checked for possible involvement in other crimes, etc. Just in case talk to a lawyer, if not needed and nothing comes of the investigation then you will be fine, but I dont know you so therefore I cant say that nothing will be found wrong during the investigation.
 
Why would I need an attourney??????
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Well you've been shot, your firearms are being held and your friend (and possibly you--it's a crazy world) could be up on charges. On top of this you need to know if homeowners or other insurance could assist in paying medical bills. These are all good reasons to lawyer up.
 
My guess is you won't see them for well over a year. And that is WITH lawyer involvement. They keep them because they can. Beleive me, they are in no rush to get them back to you. Be prepared for the frustration. My advice, go buy another .45 and another 12 ga. You'll get them back, but it's going to be a while.
 
There is a fair chance that you will not see them again. It is not a conspiracy to take your guns at play here, but a demonstration of bureaucracy and human nature in action. Let me explain:

The cops involved will not get in trouble for completely investigating a shooting, and taking the guns for "testing" sounds plausible to the CSI watching public. However, NOT taking the guns for testing can come back to bite the cops if anything else happens involving the guns and it becomes public knowledge that they did not take them the first time you were involved in a shooting with them.

You need to get an attorney, and get used to the idea of not seeing the guns again, at least for awhile.
 
We all know what's going on. We're just too cowardly to admit it or do anything about it.
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Somebody please tell me what he is implying.......

If you really want to stir the pot, call the police and file a stolen guns report with your insurance agency.
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I think thats a good idea, especially since they did not provide a reciept for the taken items...for all I know they could have been stolen while I was at the hospital.....

As far as medical bills Im pretty well covered. Im fully covered with DOD TriCare. Thanks for the concern.
 
oh man ... glad you seem to heal and take it well.
I´d love to see the facial expression of looking
at a trusted friend "Why the .... did you shoot me
in ma .... knee???!!!!!!"

Someone shouldnt run with scissors ...
 
As far as medical bills I'm pretty well covered. Im fully covered with DOD TriCare.
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Right, but it is standard practice of an insurance company to go after the person who caused your accident.

Accidents typically do not have anyone at fault, at least in the world of car accidents. That is why they prefer to use the term collision. When a car runs a stop sign and hits another car, it was not an accident... it was a collision.

When your buddy shoots you in the knee it is not an accident, it is... well... I am not sure what it is but I bet before this is over your insurance company will figure it out.
 
Right, but it is standard practice of an insurance company to go after the person who caused your accident
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Ha, were both covered under the same DOD TriCare......Not too worried about who pays for it because its the same company either way..

If you don't get the guns back after the prescribed 8 weeks, give me a call, and I'll hook you up with one of our ACLDN attorneys out of Miss. to give you a hand. A phone call or two, perhaps a letter ought to do it.
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Thanks Marty Hayes......I may contact you via PM in the near future. If the two guns were just old beaters I wouldnt care too much about it. But, the two they too of mine were a Brand new Mossberg 930SPX and a new Glock 21 SF. Over $1200 in toys....I'll definately be wanting to get them back. I bought them both new from reputable ffl dealers in town so no worries about the weapons past history.
 
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I'm getting into this way late but I'm finding this very interesting. About twenty years ago I caught a ricochet from a friend's gun. Frags imbedded in my knee. We (he and I) went to the emergency room together expecting the worst. There was a police officer on duty in the ER as part of his assigned duty. The Doc cut it open and removed the frags from my knee. The officer on duty never even questioned us. Now I realize this is different in many ways but also the same in some ways. I find difference in outcome very interesting. I'm wondering if the outcome depends on the area of the country it happens, how the local PD views guns and maybe the officer on duty. Certainly the severity had an impact and mine was not near as severe.

My two cents...I'd get a lawyer.
 
If you really want to stir the pot, call the police and file a stolen guns report with your insurance agency.

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I think thats a good idea

Yeah, bad idea. Again this is why you need some legal advice.
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I was kidding....as bad as I want to stir the pot I will abide by all proper legalities.....Thanks again for all the advice guys.
 
I have heard the police once they have confiscated firearms for ANY reason don't like to return them....ever. I hear horror stories about a law abiding citizen calling police for some disturbance they are not even involved in and the police confiscate a weapon from the caller "for their safety and yours". I also hear that if one gets a weapon confiscated for just about any reason it mysteriously either disappears from the evidence locker, or just never gets returned until after one has to spend so much on lawyers they just give up and the police destroy it ir one of them gets it somehow. I hear police agencis purge their weapons periodically if they know they weren't used in a crime as well. Can some LEO clear this up?
 
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So...for the sake of instruction (i.e., what NOT to do with a 9mm) - can you tell us how/why it happened
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Sure. My buddy Just bought the gun earlier that day new from a local dealer. He brought it over to my home to show it to me. He had been out shooting it earlier that day and apparently it was still loaded. We were both sitting on the love seat, me to his left. He was holding the gun with this right hand trying to field strip it. He was trying to remove the slide when the gun fired a 115 gr. ball round. The round skid across his left palm and entered my left leg just behind my knee. Exited the other side and lodged into the wall. The bullet traveled about 2 feet before entering my leg, and about two more feet before entering the wall where it imbedded into the base board about 1 inch. Amazingly enough.....I didnt feel a thing. If it werent for the blood I almost wouldnt have known Id been hit! Didnt feel much of anything...

The lessons learned here was ALWAYS know where your weapon is pointed. If he would have had a little muzzle awareness he may have just shot the floor instead. ALSO, NEVER assume a weapon is unloaded.

I live by these rules and I personally have never had a neg discharge, as for my friend, Im glad he now understands the importance of these rules as well.
 
Ha, were both covered under the same DOD TriCare......Not too worried about who pays for it because its the same company either way..




You're not following. Medical insurance will go after your friend PERSONALLY.

The fact that he uses the same medical insurance has nothing to do with it. When there's an incident and one party is at fault, the insurance company will try and recover their losses (your medical bills) from the person responsible. That does NOT mean that your friend will be able to "give them" his health insurance information. It means that HE could be held FINANCIALLY responsible for the medical bills (meaning the money will come out of his bank account).

Your friend could end up with some very serious financial consequences.
 
I live by these rules and I personally have never had a neg discharge, as for my friend, Im glad he now understands the importance of these rules as well.
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Thanks for sharing the rest of the story. The lesson for me is not only to live by those rules - but make SURE everyone around me with a firearm is adhering to those rules.

Muzzle discipline would have helped - but sometimes you have to point the muzzle in an "unsafe" direction. I did so myself just yesterday when inspecting a revolver for purchase.

Making ABSOLUTELY CERTAIN that the firearm is unloaded is the only safe way to inspect or field strip it. You know that, I know that, most shooters know that. How is it your friend didn't know that? :banghead:

I obsessively check - double check - and triple check a firearm before pointing it anywhere. If I turn my back on it or it leaves my hand - even in full view - I check it again.
 
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You stated that they did not provide you or your wife with a receipt. This is theft. You want to follow the proper legalities, you go to the state police (I'm assuming they handle this sort of thing, they do where I live) and you tell them what happened and ask them how to proceed. You can file charges against them for stealing your guns.
 
Could have hurt a little more.........glad I keep a 45 for HD.
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That is by far the greatest thing I've heard all day. I'm glad you're alright and I wish you the best of luck recovering your firearms.
 
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