Home defense shooting; are ALL your guns taken away?

[DHart]

In the horrific circumstance of having to shoot someone in your home in self-defense, of course the weapon used in the shooting is taken as part of the evidence, right?

What about all the other guns a home owner may have on the premises? What if the homeowner had a large number of handguns, rifles, and shotguns (presumably all legally possessed, of course), are they all at risk of confiscation should a self-defense shooting occur in the home? Would it be wise to have a "misplaced" handgun or two in a "secret hiding place" under such circumstances just so one would not be stripped of ALL his weapons?

What about when you are out and about and involved in a defensive shooting? Would the police come to your home and take all of your weapons into their possesion? I understand that if you commit a crime or possess firearms illegally, of course they would be taken, but what about legally possessed firearms and a case of self-defense? If they even suspected the shooting to possibly be questionable, would they then confiscate all of your legally possessed firearms?

 

[Preacherman]

I think it depends on jurisdiction, and on the attitude of the individual cop. I've known some cases locally where just the weapon used in the shooting was taken. In other cases, all weapons of that caliber were taken. In one case, every gun in the house was taken (but I think that a rather un-co-operative attitude on the part of the shooter had a lot to do with that situation... don't talk back to cops!!!).

I think it's always a good idea to have a small stash of weaponry off-site (e.g. in a bank deposit box, etc.). Useful to have available in emergencies.

 

[stans]

I have the feeling it is going to depend upon your jurisdiction. I would expect the gun used in the shooting to be confiscated. It might be returned to you after any legal proceedings, then again it could get "lost" in the evidence room.

 

[OH25shooter]

"then again it could get "lost" in the evidence room." You've been watching to many cop tv shows. In reality, it would probably be handled on a case by case situation. The on scene officers and homicide detectives would more than likely confer on whether only the weapon used or all should be confiscated. If all are impounded, the others would be for safekeeping. They could be released at a later date. The weapon used is removed for evidence. Which is released on a judges order (or destroyed) after the case has been heard. This brings up another good point. It is wise to have the proper paperwork on each and every gun you own. In order to reclaim that weapon legally.

 

[El Tejon]

A firm, definite "maybe."

 

[armoredman]

Check with you local PD to see what the policy is. I have a friend who would load me one of his, no questions asked, if I were to be in a shooting, with firearms confiscated.

 

[Old Fuff]

I know of at least three cases where all of the "shooter's" guns were taken. The basis for this was that the first shooting might (or might not) be justified, but if you were left with more guns you might shoot someone else without justification. Until the details were worked out it was best that you be left unarmed - this of course from their perspective.

I can’t help you further because you don’t say where you live - which could make a big difference one way or the other.

One last thing. Don’t think that the authorities give a hoot about you being in any danger while they hold your firearms. What they will go by is “established procedure,†and “by the book.â€

 

[Gunsnrovers]

As for getting them back, I look to the lawsuits here in the PRK regarding this issue and the answer is a less then enthusiastic/confident "maybe".

Depends on how much money you care to spend.

 

[TonyB]

Always get a receipt.......I wonder if they destroy your gun if they pay you what it's worth??

 

[unspellable]

Evidence guns

I had a revolver held as evidence. (Not a shooting.) I had a promise from a deputy that he would personally return it when the dust settled. Of course this did not happen. After a year or s oI went to the sheriff's department and asked for it's return. It was listed in the evidence room logbook with all pertinent details, make, model ,caliber, serial number, case number, etc. It was an a large manilia envelope with all the details written on it. Inside the envelope the revolver had a tage wired to the trigger guard with all the above on it. This scarred the finish on the trigger guard. It had been allowed to rust some. To top it all off they used an electro-buzzer engraver to carve all the details of the case on the side of the frame.

Moral of the story? Don't use a sentimental favorite for social purposes.

 

[Dbl0Kevin]

Generally speaking only the firearm used in the act will be taken for evidence. It SHOULD be returned as promptly as possible at the end of the court case.

The only justification that I'm aware of to remove all weapons from a house is due to a domestic violence incident or if you have had a restraining order taken out against you. Other than that it would be like getting into an accident and then having all the cars in your driveway towed and impounded as well....doesn't make a whole lot of sense.

 

[Moopheus]

You should be aware that most anything the police confiscate, you may lose, or have destroyed.

As I said in another thread, my computers were returned to be unusable. Most of my disks were trashed as well.

But I find it especially despicable if that happens, and you're not a suspect, or found innocent.

Electro-buzzer engraver? Good god.

 

[Car Knocker]

I think it's best not to have all ones eggs together in one basket.

 

[Pilgrim]

Practically speaking, if the police collect all of your guns in a home defense shooting, it is because you gave the guns to them. Unless of course, the shooting took place in your walk-in vault and all of your guns were in plain sight.

If the police decide to arrest you, they are entitled to search you and the area under your immediate control for weapons and evidence. They can possibly make a case it was necessary to make a safety sweep of the house to look for hostile armed combatants, but they cannot do a detailed search of closets, drawers, desks, etc., places where those persons are not likely to be found.

If the police insist on having all of your guns, you are within your rights to demand they get a search warrant. It would be a good idea to make sure the rest of your family understands this, especially if you have been arrested.

 

[HankB]

Complying with a court order or legal warrant is one thing.

Complying with an LEO who simply says "GIMME!" is another.

Answering questions - other than identifying yourself - without a lawyer present is not a good idea. Especially if the questions are along the lines of "Do you have more guns, and where are they?" or "What's the combination to this safe?"

 

[Standing Wolf]

Always keep at least one or two guns in bank boxes.

 

[DHart]

Excellent replies, guys, thank you. THis is stuff that I just hadn't thought of before now. I think a couple of my pistols will just need to find their way into my safe deposit box!

 

[Jim K]

Another excellent reason to have an attorney on retainer. Whether the police arrest you or not, at the first hint of a problem say nothing (NOTHING!) except that you want an attorney. Even if there is no arrest, but they want to search the house or confiscate your guns or other property, demand that you be allowed to call your attorney.

Sorry for those who think all LEO's are good guys, but the horrible fact is that some cops, fire marshals, deputies, etc., see a "crime scene" as a free-for-all looting scene. I knew of one case where fire investigators carried off a big screen TV set, laughing at the victim and saying to claim it on the insurance as destroyed in the fire. In another case, police searched a home for "evidence" and $80,000 worth of jewelry disappeared. Doesn't happen often, but it does happen, and there is not a thing a victim can do when the looters are carrying badges and MP-5's.

Jim

 

[Faithless]

I'd work on the premise that everythings disposable.

At least that gives you an excuse to own a dozen odd Makarovs.

 

[sm]

As others have stated it depends on the circumstances, political climate and jurisdiction. I'm safe in saying TX most likely would be different than New Jersey for instance.

What guns? I have some CCWs I use. There may or may not be others like them off site. I don't know, I don't know whom sold them to me if I do.

Mr. Keenan once brought up a good point that folks turned their noses up at, the type and price range of their CCW. Everyone has different monetary budgets, pride of ownership is a fine thing, nothing wrong with collecting either.

$ 1,000 do you buy one tricked out pistol , or say 3 used model 10's with speedloaders, holsters and ammo?

1-1 =0 - new math with tricked out pistol
Then again 1-1=0 with a remainder of 2 ...old math method

 

[TallPine]

only the ones that they can find .....

 

[vito]

Thanks for all of the good advice. I never even thought about this issue, but now I plan to put at least one gun in my safe deposit box. Of course concealed carry is illegal here in Illinois, and I doubt that if I carried a gun openly into the bank that they would be helpful and courteous to me. So I guess I will just put the gun in my pocket and wait until I am in the private booth with my safe deposit box.

 

[cheygriz]

Uhhhhh, with my 20 years of law enforcement experience to draw on, if I ever have to defend myself at home,

First, I call my lawyer, then I call the police!

And it all dpends on the jurisdiction, the neighborhood you live in, your attitude, the LEs attitude, whether or nbot the press is there etc.

Cover yourself! Don't keep all of your guns at home if you can help it.

Call your lawyer first!

Keep your attitude under control

 

[olyAR73]

I know of at least one case where the weapon was returned, because I ended up buying the weapon shortly after the case was dismissed.

As a side, immediately after a deadly use of force is when you need your guns the most. In this particular case the young man defended himself against a punk who was seeking revenge for the justified stabbings of a couple of his punk friends. The young man stepped out of his front door and center punched the revenge seeker through the chest with a Glock 23, which is the gun I later bought and carried for many years. Some of the members in the N. California area may be familiar with the case.

If you have to use deadly force, count on threats and retaliation. Criminals always seem to have a bunch of friends.

 

[DHart]

I'm really glad this question popped up in my mind earlier today and I started this thread... you guys have brought up some good stuff! Thanks so much.