Police Confiscation of Gun after Self Defense Shooting

Ide imagine it varies case by case......and dept by dept.

That being said......if you are legally cleared of any wrong doing.....your property is your property, and they have no legal right to keep it from you.

M-CAMERON - " Ide imagine it varies case by case......and dept by dept. ..."

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I would add, "And by State to State, depending on each State's laws.

L.W.

Expect it to be confiscated for evidence until the investigation either clears you, or, the criminal trial proceeds and you are cleared by jury. Even if there is no criminal trial (cleared/justified shooting) it could be brought as evidence in a civil suit. I guess my thoughts on SD firearms are - get something that works well and you are comfortable shooting, but don't spend a huge amount of money on it or use a family heirloom for SD, because it may be quite a while before you get it back, and evidence firearms have been engraved/marked/mishandled many times in the past.

OK. I'll just get another one, no big deal.

I say, kiss the gun goodbye. Don't use your most
expensive collectable for self defense. I have heard
cases where the police keep the gun and the owner
has to go to court to get the gun back. The trial would
cost more than a gun by far. It may not be true but
that's what I heard. It's probably different from State
to State as well.

This is exactly why it's stupid to EDC something like a treasured, $2500 custom 1911, or even to use one as your bedside piece. I've heard idiotic arguments disputing this, more times than I can count, but unless you're a millionaire, it's just self-indulgent stupidity. Period. There are a ton of guns around that are perfectly reliable,lethal, yet economical, and that won't be a heartbreaker to lose indefinitely.
If you're using a gun in a self defense application, then you HAVE to consider worst the case scenario, and plan accordingly.
And even if you DO get it back, the only thing you can do if it comes back to you dinged, scratched and rusty, is.... :banghead:

Worse, some folks get emotionally attached to a gun and lose all rationality. I have read/heard of people saying something to the effect that "If I shoot someone, no $%% cop is going to take my xxxx, I'll shoot the ^^%$% first."

So he would go from what might be a justifiable shooting to first degree murder of a police officer rather than let his treasured gun out of his hand. And he will probably be killed. That is not "gun rights". That is insanity.

Jim

greenmtnguy said:

Expect it to be confiscated for evidence until the investigation either clears you, or, the criminal trial proceeds and you are cleared by jury. Even if there is no criminal trial (cleared/justified shooting) it could be brought as evidence in a civil suit. I guess my thoughts on SD firearms are - get something that works well and you are comfortable shooting, but don't spend a huge amount of money on it or use a family heirloom for SD, because it may be quite a while before you get it back, and evidence firearms have been engraved/marked/mishandled many times in the past.

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Evidence firearms have also disappeared. Along with evidence cocaine & evidence cash.

If you shoot someone (even if it is justified) a gun is the last thing you should be worried about. For better or worse, it will be a life changing event. Even you own John Browning's original 1911 prototype that your daddy later carried while winning the Congressional Medal of Honor, you should be thanking your lucky stars that you are alive -- not worrying about an inanimate object.

In any event, you should assume it is never. No matter what you think now, you are not going to be demanding anything if there is a whiff of criminal prosecution in the air. The $500 or $5,000 you paid for the gun is going to cost peanuts compared to attorney's fees and your potential freedom.

I'd like to hear of an instance when the gun wasn't confiscated, also like to hear of someone not getting theirs back eventually if not charged.
I agree and never could understand the four figure $$$$ custom personal defense market.

joem1945 said:

OK. I'll just get another one, no big deal.

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Or have a backup(same gun) at home in the safe.

Mine was kept in evidence for about 18 months, which due to a very slow criminal justice system is how long it took for my case to make it in front of a grand jury. The grand jury returned a no bill, I wasn't charged, and I had to wait about 3 days for paperwork to get filed before I could collect my gun from the evidence room.

It was in perfect condition when I got it back. No rust, dings, scratches, etc.

They did fire 5 of the remaining rounds from my magazine for testing purposes; I didn't get those back but I did get back what was left in the magazine after the shooting and the testing.

This is exactly why it's stupid to EDC something like a treasured, $2500 custom 1911, or even to use one as your bedside piece. I've heard idiotic arguments disputing this, more times than I can count, but unless you're a millionaire, it's just self-indulgent stupidity. Period. There are a ton of guns around that are perfectly reliable,lethal, yet economical, and that won't be a heartbreaker to lose indefinitely.
If you're using a gun in a self defense application, then you HAVE to consider worst the case scenario, and plan accordingly.

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Call it stupid or idiotic if you will. Mine was a relatively expensive AR15 with about $1000 in optics and another $200 in flashlight/sling/mounts that all got locked up. Even if the rifle had been a bargain bin $500 AR I still would have had close to $1700 in it.

While not a millionaire, I always knew it was possible that it would get taken if I used it; I planned for such event, and had a nearly identical backup in the safe.

I wasn't heartbroken, I just surrendered the tool for 18 months and then I got it back.

In my opinion I used the best tool available at the time, it worked perfectly, and it went away for 18 months. The temporary loss of the use of that gun was the least of my concerns.

I say, use whatever you are most comfortable with and that you shoot the best , whatever the cost, and know that it might go away. I can honestly say that if I never got that rifle back I could happily call it a $2,700 tool that served its purpose and then disappeared. If that makes me a stupid idiot, so be it.

Thank you for your story waterhouse. It's nice to hear a real story instead of someones theory.

First the weapon isn't confiscated. It is taken in as evidence. If it was a rightous shoot, you'll get it back. If it was a bad shoot, plan on not seeing it ever again as you'll probably end up in the big house even if it's only for involuntary man slaughter

Even though you are entitled to have your property returned once you are cleared, if a dept or court system doesn't want you to get it back, they can easily tie it up in bureaucracy, and keep throwing endless hoops in your way, or even "accidentally" destroy your property. Once property is their custody, they not take care of it as you would, and things are often damaged just from careless handling. Then there is also the cosmetic wear and tear on any gun that is carried on a daily basis.

I carry a RELIABLE weapon that can be replaced relatively inexpensively, and that is a common production line model for all those reasons.

Sebastian the Ibis said:

If you shoot someone (even if it is justified) a gun is the last thing you should be worried about. For better or worse, it will be a life changing event. Even you own John Browning's original 1911 prototype that your daddy later carried while winning the Congressional Medal of Honor, you should be thanking your lucky stars that you are alive -- not worrying about an inanimate object.

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Good lord.........miss the point much ?????? :banghead:
OBVIOUSLY, it would be preferable to forfeit an expensive firearm rather than lose your life, or the life of a loved one. NO KIDDING !!!
The point is (breathe deep, stick with me here), that with the absolute TINIEST bit of advance thought and effort, you can STILL save everyone's lives, yet ,at the same time, NOT lose a beloved and expensive firearm. Amazing !!
Is it really necessary to use the most expensive,irreplacable weapon you can get your hands on to defend yourself ? Or,if given the option, would you rather just use the trusty old Glock that you got off Armslist for $400?
Get it now ??????

This is a situation where "Two is One, One is None" applies well.

Having another same model and caliber as your primary edc/hd is a very practical choice. Being able to simply go to the safe and pull the spare without any need for refamiliarization or training is the quickest way to get back into action so to speak.

If you shoot someone (even if it is justified) a gun is the last thing you should be worried about. For better or worse, it will be a life changing event

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If I am ever forced to use any weapon in self defense I totally agree with the above.

In this case it will be whatever I get my hand on first and loosing it over a family members or my or life will be the least of my concerns.

Firearms are replaceable, loved ones aren't.

41 Mag said:

If I am ever forced to use any weapon in self defense I totally agree with the above.

In this case it will be whatever I get my hand on first and loosing it over a family members or my or life will be the least of my concerns.

Firearms are replaceable, loved ones aren't.

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Is everyone here sniffing friggin' glue ?? Once again....no one is saying you shouldn't defend your life with a weapon that happens to be extremely valuable, if that is your ONLY option, the point is that it is vastly more prudent to pick ANOTHER, LESS EXPENSIVE weapon from your arsenal.
And given that no one is threatning your life at THIS MOMENT, you clearly have the option of arranging this, beforehand.
I'm just baffled why this is such a difficult "theory" for some to grasp.

BSA1 said:

This is a situation where "Two is One, One is None" applies well.

Having another same model and caliber as your primary edc/hd is a very practical choice. Being able to simply go to the safe and pull the spare without any need for refamiliarization or training is the quickest way to get back into action so to speak.

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The "2 is 1" philosophy is the one I believe in strongly for self defense arms. My favored SD arms are a pair of Ruger KLCR's w/ tritium front sights & CT grips and a pair of HK VP9LE's w/ factory night sights & Surefire X300U lights mounted. Both perform spectacularly in their rolls. Should I ever have to use one or both and surrender if for eveidence, a spare is on hand & ready to go.

waterhouse said:

I say, use whatever you are most comfortable with and that you shoot the best , whatever the cost, and know that it might go away. I can honestly say that if I never got that rifle back I could happily call it a $2,700 tool that served its purpose and then disappeared. If that makes me a stupid idiot, so be it.

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If the $2700 saved your life and/or the lives of your family, it was a bargain even if you never got it back.

I'm thinking of getting a clone of my 686+ for exactly the reasons being discussed in this thread. If G-d forbid I ever have to shoot someone I'm gonna be freaked out enough afterwards without having to additionally be gunless for the following 10 days (or more, most dealers here apparently don't keep the 7-shot in stock).

I guess everyone is different....I have more handguns than any one person needs. I can take any one of them whether it be a semi, revolver, snub, or any other handgun length and shoot a passing score on a LEO qualification course right out of the gate without any warmups, practice, additional training or whatever....I can shoot any of them proficiently and would be comfortable using any for SD....I don't see the need for 2 is 1, spares of the same, or clones just for SD reaaons....Now, if you just want a bunch of similar guns buy them. I certainly have duplicates, but I don't need them.