So my question is if you have to defend yourself with your gun and end up killing the bad guy do you get your gun back? So let's say someone breaks into your house and you shoot and kill them do you get your gun back after the investigation. Not that I am to worried that I will not be able to replace my glock.
After a self defense shooting.
- Thread starter gfpd707
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Fred Fuller
Moderator Emeritus
gfpd707,
There's a little more to the process than that, and you need to be prepared for it. First of all, procedures differ from jurisdiction to jurisdiction, and I can't tell you how your local LEOs handle things. Best advice there is to contact a good criminal defense attorney in your jurisdiction, and ask him/her your questions.
For a good general approach, see the lecture notes at http://www.teddytactical.com/archive/MonthlyStudy/2006/02_StudyDay.htm . If you have problems with the ATSA-speak there, see the glossary at http://www.thehighroad.org/showpost.php?p=5561615&postcount=10 .
In a "Problem 2" situation, getting your gun back ranks pretty far down the list of important stuff, IMHO.
(Problem 1 is winning the gunfight, Problem 2 is winning the legal fights that are likely to follow. Take a look at http://www.armedcitizensnetwork.org/ for one posible resource.)
Chances are good that in the aftermath of a defensive shooting, even if fully and obviously justified, your pistol will be taken by LEOs for the duration of the investigation. That may be weeks, or months- maybe longer. Best bet is to have a duplicate pistol on hand, so that you are not disarmed completely if indeed that happens. Note that it is unlikely to happen to any given person in the statistical sense, but it's the stakes that matter in situations like this and not the odds. "When it's least expected- you're elected."
JMHO of course, YMMV.
lpl
There's a little more to the process than that, and you need to be prepared for it. First of all, procedures differ from jurisdiction to jurisdiction, and I can't tell you how your local LEOs handle things. Best advice there is to contact a good criminal defense attorney in your jurisdiction, and ask him/her your questions.
For a good general approach, see the lecture notes at http://www.teddytactical.com/archive/MonthlyStudy/2006/02_StudyDay.htm . If you have problems with the ATSA-speak there, see the glossary at http://www.thehighroad.org/showpost.php?p=5561615&postcount=10 .
In a "Problem 2" situation, getting your gun back ranks pretty far down the list of important stuff, IMHO.
(Problem 1 is winning the gunfight, Problem 2 is winning the legal fights that are likely to follow. Take a look at http://www.armedcitizensnetwork.org/ for one posible resource.)
Chances are good that in the aftermath of a defensive shooting, even if fully and obviously justified, your pistol will be taken by LEOs for the duration of the investigation. That may be weeks, or months- maybe longer. Best bet is to have a duplicate pistol on hand, so that you are not disarmed completely if indeed that happens. Note that it is unlikely to happen to any given person in the statistical sense, but it's the stakes that matter in situations like this and not the odds. "When it's least expected- you're elected."
JMHO of course, YMMV.
lpl
Thought this was more going to be a protocol about what to do immediately after a shooting. Apart from calling your lawyer and whatnot. I myself have wondered about some of the finer points, particularly, what if I am in a no so high class area of town where I have had to defend myself, (to make it easy lets say I was fueling up and ended up having to defend myself with lethal force)
What I worry about is the time inbetween the cops showing up, having a dead body there, and being in a bad area of town alone. What if others saw this? What if they were friends or family who might seek immediate justice against me who just had to use lethal force to protect himself. As much as I would like to get back in my vehicle and stay mobile until the cops arrive at the scene, I know that is considered leaving a crimescene and basically rules that out. In the meantime I dont want to be standing around waiting for 5-10-15 minutes with a potentially serious situation on hand.
Anyone else ever thought about what they would do in a situation like this?
What I worry about is the time inbetween the cops showing up, having a dead body there, and being in a bad area of town alone. What if others saw this? What if they were friends or family who might seek immediate justice against me who just had to use lethal force to protect himself. As much as I would like to get back in my vehicle and stay mobile until the cops arrive at the scene, I know that is considered leaving a crimescene and basically rules that out. In the meantime I dont want to be standing around waiting for 5-10-15 minutes with a potentially serious situation on hand.
Anyone else ever thought about what they would do in a situation like this?
primetime
Member
Rawb i say sit tight obviously..Don't disarm yourself until the police arrive..In the meantime if you are threatened again by the BG's entourage or friends then you must protect yourself at all times, just like you did against the first BG.. if you're threatened by others on scene and your life is in danger...i don't think i need to tell you what to do from then on...
As wreckless as it might sound, you must neutralize the threat if your life is truly in danger...
As wreckless as it might sound, you must neutralize the threat if your life is truly in danger...
MedWheeler
Member
I've read recently of two specific accounts, each going a different way. In one, the AIR got not only his gun back, but also the three spent cases from the rounds he fired (they were, after all, his property.)
In the second, which involved the AIR attempting to save the life of Officer Marc Atkinson of the Phoenix PD in 1999, the department kept his gun, but paid to replace it with another. In that incident, the officer had been shot by drug traffickers and the AIT, an off-duty security guard who witnesses the shooting, engaged the suspects in a shootout, wounding one and resulting in his capture and that of another. The officer, unfortunately, did not survive.
*AIR: my own term for a citizen defender. "Armed Instant Responder"
In the second, which involved the AIR attempting to save the life of Officer Marc Atkinson of the Phoenix PD in 1999, the department kept his gun, but paid to replace it with another. In that incident, the officer had been shot by drug traffickers and the AIT, an off-duty security guard who witnesses the shooting, engaged the suspects in a shootout, wounding one and resulting in his capture and that of another. The officer, unfortunately, did not survive.
*AIR: my own term for a citizen defender. "Armed Instant Responder"
I uderstand that getting your firearm back is the least of your worries. I also am aware of the legal ramifications involved with a self defense shooting. My question is after all that is fininshed do you get your property back.
primetime
Member
gfpd707- Yes after its all finished..And you are found not-guilty and the investigation/court case is over..Your property should be returned to you. In this case, your firearm.
Fred Fuller
Moderator Emeritus
My question is after all that is fininshed do you get your property back.
And the answer is still, it depends.
It depends on where you live and the policies of the LEA you deal with.
It depends on the circumstances of the shooting and whether or not you are charged with anything and/or convicted.
And so on. It's a jurisdiction-specific and circumstances-specific question, and there can be no generic answer, save that as long as you do everything right, chances are you will eventually get your property back.
hth,
lpl
And the answer is still, it depends.
It depends on where you live and the policies of the LEA you deal with.
It depends on the circumstances of the shooting and whether or not you are charged with anything and/or convicted.
And so on. It's a jurisdiction-specific and circumstances-specific question, and there can be no generic answer, save that as long as you do everything right, chances are you will eventually get your property back.
hth,
lpl
This is why it is very important to have another gun. Nothing says your next gunfight won't be the next day (or later the same day). So, you need another firearm to carry until you get this one back (hopefully, you eventually get it back).
Ideally, lots of recommendations are to have 2 guns exactly the same. I don't think that is critical so long as you have another suitable carry gun and related gear. Same for HD firearm, need a spare.
I have a pretty small collection now, but I do have 2 carry guns (not the same kind) with holsters and 2 suitable HD long guns. Of course, the pistols can be the HD guns, so 2 good handguns would be minium.
Ideally, lots of recommendations are to have 2 guns exactly the same. I don't think that is critical so long as you have another suitable carry gun and related gear. Same for HD firearm, need a spare.
I have a pretty small collection now, but I do have 2 carry guns (not the same kind) with holsters and 2 suitable HD long guns. Of course, the pistols can be the HD guns, so 2 good handguns would be minium.
The Lone Haranguer
Member
Which could well happen, since his "associates" or family members (people in criminal subcultures tend to stick together) may want to take revenge on you.strambo said:
SCPigpen
Member
If I ever had to defend myself and ended up killing the perp, I would be expecting retaliation from friends, family, gang members. So, yes it is good to have an extra hand gun on file.
unless you are convicted of a crime that strips you of your rights, you will eventually get your gun back, but depending on your jurisdiction you may have to jump through a bunch of hoops, and cut your way through a ton of red tape to get it back.- Status
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