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what happens to your gun after a self defense shooting?

Discussion in 'Legal' started by Madjohn, Apr 24, 2010.

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  1. Madjohn

    Madjohn New Member

    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?
    Last edited: Apr 24, 2010
  2. Ron James

    Ron James New Member

    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:
  3. cassandrasdaddy

    cassandrasdaddy New Member

    depends where you live and what happened
  4. GRIZ22

    GRIZ22 Active Member

    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.
  5. WardenWolf

    WardenWolf member

    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.
  6. Evil Monkey

    Evil Monkey member

    Isn't that illegal.
  7. cassandrasdaddy

    cassandrasdaddy New Member

    i knew a cop that shot someone while driving cab he had to give up his gun and he was somekinda mad
  8. inSight-NEO

    inSight-NEO New Member

    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?
  9. Madjohn

    Madjohn New Member

    that would be a scary thought, having your other guns taken while the investigation occurs.
  10. inSight-NEO

    inSight-NEO New Member

    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!
  11. rscalzo

    rscalzo New Member

    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.
  12. Madjohn

    Madjohn New Member

    if the determination is made at the scene is the shooter allowed to go free and keep his weapon or is he still detained?
  13. rscalzo

    rscalzo New Member

    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.
  14. Frank Ettin

    Frank Ettin Moderator

    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.
  15. Madjohn

    Madjohn New Member

    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.
  16. Buck Snort

    Buck Snort New Member

    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.
  17. bellyup039

    bellyup039 New Member


    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.
  18. HexHead

    HexHead Active Member

    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.
  19. BeerSleeper

    BeerSleeper New Member

    What ever happened to innocent until proven guilty?
  20. nairb35

    nairb35 New Member

    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.
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