gtmerkley
member
What happens to a firearm after its ceased or confiscated by police or military. Are they destroyed or resold. Where can we buy them. Where are they stored. 
Confiscated
- Thread starter gtmerkley
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KiltedClaymore
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depends. firearms taken by cops are returned if eligable/owner comes to get it.
bigjohnson
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The answer to your question depends on several things: First of all, what was the reason the firearm was confiscated in the first place? If it was taken by the police because it was possessed or used illegally, the chances of it being returned to the owner are very slim. Here in Virginia, if the owner is convicted of using or possessing the gun illegally, then the court will order the gun forfeited to the police agency involved, who will then either use it for "official purposes" or destroy it. If the owner is acquited, the gun will usually be returned to him/her.
If the gun is reported stolen, nearly all departments here will go to great lengths to find the owner from whom the gun was stolen and return it.
Another factor that you have to take into consideration is the state in which all this happens. In South Carolina, for example, if the gun is used in a crime, and it was stolen from an innocent party, the police will still keep it, and after it is no longer needed for evidence will either destroy it or sell it. I don't know how they get away with it, but that's what they do. I got into a pretty good argument with a judge that I know in SC about that, and he told me in no uncertain terms that what they do is legal under SC law.
If the gun is reported stolen, nearly all departments here will go to great lengths to find the owner from whom the gun was stolen and return it.
Another factor that you have to take into consideration is the state in which all this happens. In South Carolina, for example, if the gun is used in a crime, and it was stolen from an innocent party, the police will still keep it, and after it is no longer needed for evidence will either destroy it or sell it. I don't know how they get away with it, but that's what they do. I got into a pretty good argument with a judge that I know in SC about that, and he told me in no uncertain terms that what they do is legal under SC law.
I am only aware of what the Wichita KS police do with a weapon if it was used in a crime (or used in self defense and a perp was shot). The firearm is going to be confiscated and then etched with numbers indicating the case number. It may also be coated with a substance that helped the police obtain fingerprints. This stuff does not come off easily. The firearm may be test fired. It will also be held as evidence, depending on the crime, for many years after the legal battle is over. The gun will probably rust because the police will not take care of it. Probably most of us would write the firearm off after waiting 25 years for it and then seeing the condition of the firearm.
I think we better break this down by jurisdiction before we get into the mechanics of what happens.
If the military gets hold of your weapon you get to be 1) dead, 2) a POW or Enemy Combatant, or 3) A French soldier.
Now, as to what happens if the cops are involved -
If your weapon is ceased by the cops it stops.
If your weapon is confiscated it has become, by some judicial or administrative process, the property of the police. They can do anything they want with it.
If your waepon was seized, then you have to wait until some judicial or administrative process is completed to determine if it will be returned or coinfiscated.
stay safe.
skidmark
I have a friend in Washington state who used to buy confiscated firearms from several police departments which was at that time allowed under state law, sealed bids were taken on all the weapons sometimes a apple bin full. Of course their were lots of Ravens, and Jennings, but their were also S&W, Ruger, Colt etc... Well one of the towns hired a new police chief who I believe was from California, he changed that cities policy and made a big deal of destroying a bunch of police held weapons including some police surplus guns on TV. The TV showed the guns being chopped up and melted. My friend called the police chief and told him it was state law that they had to be offered to licensed dealers his response was to say none of his police officers would face these weapons ever again. My friend asked him if he knew anything about the history of the local police departments, he didn't so my friend in lightened him. in the last 70 years 4 police officers had been shot, one killed, all by their own guns, one suicide, one shot by a prostitute he was trying to force her into giving him a freebie, one shot when a suspect over powered him and shot him in the face, one shot while cleaning his gun, but it made no differance to him.
My friend made a deal with the junk yard for all usable parts which he got for a few cents a pound.
Now with that chief gone, he was medically retired he hurt his back playing volleyball. the new chief again sells to licensed dealers and uses the money to fund the SWAT team.
My friend made a deal with the junk yard for all usable parts which he got for a few cents a pound.
Now with that chief gone, he was medically retired he hurt his back playing volleyball. the new chief again sells to licensed dealers and uses the money to fund the SWAT team.
El Tejon
Member
Do you mean "seized"?
"Ceased", do you mean destroyed?The firearm is logged into the Property Room and it will then be held as evidence in any criminal prosecution. Or, it could be sent to the state police crime lab for testing depending on the type of prosecution.
Some are kept by the police, legally (undercover work, SRTs, etc.) and illegally (stolen from property room or kept by police for their own use). Some are destroyed, but the majority are resold on the condition that they be sold outside a certain range of the city (e.g. 150 miles of Chicago, etc.).
In Southern Indiana, several places. You may want to try Kiesler's, http://www.kiesler.com/
I used to buy "bags of guns" from them. $100 for 6 handguns but you could not see what they were. Most of the guns came from New Orleans, Chicago and New York City.
BlackBearME
Member
Um, El T? Kiesler's main page says they do not sell to the civilian market.
El Tejon
Member
Ummm, they sure do. I just bought guns and ammo from their store in Jeffersonville in February of this year, inlcuding the Federal HST ammo that is "only" available to law enforcement.
jimmyraythomason
Member
A city's policy on confiscated firearms is dictated by the Mayor and/or Police Chief. Said policy changes as the administrations change. When I had two revolvers stolen (at seperate times) in Birmingham, Alabama, I was told by the Birmingham Police Department that,even if found,my guns would not be returned because " we don't give guns back!".
A side issue on this. The above should be a good reason NOT to carry an expensive gun for self-defense. If you are involved in a shooting, even though you are not prosecuted, your gun will be seized; it will NOT be given the best of care by the police and may well NOT be returned.
Worse, if you become so attached to the gun that you hesitate to obey a police order to drop it, you could be shot and killed.
Still want to carry that engraved, gold inlaid, custom made handgun on the street? Maybe that junky Norinco or the old S&W Model 10 you got for $100 will do as well. Reliability is THE prime requirement for a carry gun, not the amount of engraving or the number of gadgets.
Jim
Worse, if you become so attached to the gun that you hesitate to obey a police order to drop it, you could be shot and killed.
Still want to carry that engraved, gold inlaid, custom made handgun on the street? Maybe that junky Norinco or the old S&W Model 10 you got for $100 will do as well. Reliability is THE prime requirement for a carry gun, not the amount of engraving or the number of gadgets.
Jim
bogie
Member
something. maybe. somewhere. somehow.
"ceased?"
Sigh.
"ceased?"
Sigh.
762 shooter
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From South Carolina Law Enforcement Division Website
SECTION 16-23-50. Penalties; disposition of fines; forfeiture and disposition of handguns.
(A)
(1) A person, including a dealer, who violates the provisions of this article, except Section 16-23-20, is guilty of a felony and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than five years, or both.
(2) A person violating the provisions of Section 16-23-20 is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.
(B) In addition to the penalty provided in this section, the handgun involved in the violation of this article must be confiscated. The handgun must be delivered to the chief of police of the municipality or to the sheriff of the county if the violation occurred outside the corporate limits of a municipality. The law enforcement agency that receives the confiscated handgun may use it within the agency, transfer it to another law enforcement agency for the lawful use of that agency, trade it with a retail dealer licensed to sell handguns in this State for a handgun or any other equipment approved by the agency, or destroy it. A weapon must not be disposed of in any manner until the results of any legal proceeding in which it may be involved are finally determined. If the State Law Enforcement Division seized the handgun, the division may keep the handgun for use by its forensic laboratory. Records must be kept of all confiscated handguns received by the law enforcement agencies under the provisions of this article.
SECTION 16-23-55. Procedure for returning found handgun.
(A) A handgun that is found and turned over to a law enforcement agency must be held for a period of ninety days. During that period, the agency shall make a diligent effort to determine:
(1) if the handgun is stolen;
(2) if the handgun has been used in the commission of a crime; and
(3) the true owner of the handgun.
(B) At least twice during the ninety day holding period, the agency shall advertise the handgun with its full description in a newspaper having general circulation in the county where the handgun was found.
(C) After the ninety days have elapsed from publication of the first advertisement, and upon request of the individual who found and turned over the handgun, the agency shall return the handgun to this person if the individual fully completes the application process as described in Section 23-31-140 and in federal law, and pays all advertising and other costs incidental to returning the handgun. No handgun may be returned until the individual fully completes the application.
(D) Upon proper completion of the application, the law enforcement agency shall provide copies of the application in compliance with Section 23-31-140.
SECTION 16-23-50. Penalties; disposition of fines; forfeiture and disposition of handguns.
(A)
(1) A person, including a dealer, who violates the provisions of this article, except Section 16-23-20, is guilty of a felony and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than five years, or both.
(2) A person violating the provisions of Section 16-23-20 is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.
(B) In addition to the penalty provided in this section, the handgun involved in the violation of this article must be confiscated. The handgun must be delivered to the chief of police of the municipality or to the sheriff of the county if the violation occurred outside the corporate limits of a municipality. The law enforcement agency that receives the confiscated handgun may use it within the agency, transfer it to another law enforcement agency for the lawful use of that agency, trade it with a retail dealer licensed to sell handguns in this State for a handgun or any other equipment approved by the agency, or destroy it. A weapon must not be disposed of in any manner until the results of any legal proceeding in which it may be involved are finally determined. If the State Law Enforcement Division seized the handgun, the division may keep the handgun for use by its forensic laboratory. Records must be kept of all confiscated handguns received by the law enforcement agencies under the provisions of this article.
SECTION 16-23-55. Procedure for returning found handgun.
(A) A handgun that is found and turned over to a law enforcement agency must be held for a period of ninety days. During that period, the agency shall make a diligent effort to determine:
(1) if the handgun is stolen;
(2) if the handgun has been used in the commission of a crime; and
(3) the true owner of the handgun.
(B) At least twice during the ninety day holding period, the agency shall advertise the handgun with its full description in a newspaper having general circulation in the county where the handgun was found.
(C) After the ninety days have elapsed from publication of the first advertisement, and upon request of the individual who found and turned over the handgun, the agency shall return the handgun to this person if the individual fully completes the application process as described in Section 23-31-140 and in federal law, and pays all advertising and other costs incidental to returning the handgun. No handgun may be returned until the individual fully completes the application.
(D) Upon proper completion of the application, the law enforcement agency shall provide copies of the application in compliance with Section 23-31-140.
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