How "long" will my handgun be "seized as evidence?"

[Texas Bob]

? for LEO"s and/or any DA's on the board. If I use my handgun in self-defense I will expect it to be seized as "evidence" until the grand jury or trial is over. How long has anyone seen someone's sidearm go from being bagged as evidence until it was returned to the owner, I am assuming justifiable self-defense. Also, after the criminal investigation is complete will the handgun be held to "see" if any civil action will follow? Just curious?

 

[Walosi]

I think there may not be just one answer to your question. Jurisdiction, circumstances, LEO attitudes and local ground rules may all vary. You should EXPECT to lose the gun for a long time, hence the advice by many to have a substitute or even a duplicate. My one and only involvement (years ago) resulted in no confiscation (the gun remained in my possession throughout) and no follow-up, civil or otherwise. I DO NOT believe this could happen today, even under the same circumstances, which were totally in my favor.

 

[BHP9]

I had a friend in Ohio that had a hangun stolen and it ended up in a robbery in Florida. My friend never did get his gun back. They admitted they had it and then stone walled him for years. We are guessing someone probably added it to their collection when the trial was over. They knew that getting a lawyer would not be worth the price of the gun so we surmise they just kept it. It also could have been destroyed.

Another friend of mine had a registered machine gun stolen and it turned up in Cleveland in a double homicide. Believe it or not he got the gun back after about a year.

So you never know, it all depends on the bureaucrats that are in charge. Nothing can make them do what they do not want to do and most simply ignore the laws if they know they can get away with it.

By the way if you do get it back it will probably be rusted or all beat up. They do not take very good care of them. A friend of mine actually saw them tossed accross the room into a wire basket. Its not their property and they could not care less about taking care of someonelse's property or giving it back to them.

I would simply count it as a loss or partial loss due to the damage that will be inflicted upon it or the refusal to give it back. And do not count on them ever giving you any money to repair the damages they inflict upon it if you ever do get it back.

 

[Quartus]

In some places a court order is required to get the local LEO to release it. That ususally requires a lawyer's intervention. Bad all around.

Mebbe a good reason to carry only a "tool" gun, not one that has any collector's or sentimental value.

 

[JohnKSa]

Seems like I recall seeing in print somewhere a Dallas city LEO saying that confiscated guns were not ever returned.

That's just one city--some are much more gun friendly.

I think that if you had lots of cash to burn and time on your hands you could beat them and force them to give it back. It's obviously cheaper to just buy a new one if they make it clear they don't want to cooperate.

How about some of you legal types get together and file a class action suit against one of these cities who habitually refuses to return property (especially firearms) which were confiscated from citizens who never committed a crime? Wouldn't that be a laugh!

Maybe you could pick a municipality that is having money troubles and force it into bankruptcy. That might send a real message.

 

[pyrguy]

Here in Georgia my brother-in-law suicided with a .45 to the chest. It took about seven months to get the gun from the SD. They even cleaned it before returning it.

 

[ENC]

years ago my brother had his 11-87 stolen about a year later it turned up in an armed robbery. he had it back about two months after the trial was over. ( college station TX)

 

[jmbg29]

It depends on a lot of different factors.

 

[Blackhawk]

If it's a nice one, kiss it buh-bye, so you can celebrate if you ever get it back.

 

[Shaughn Leayme]

If they want to sieze it for evidence then you get your lawyer present and if possible a gunsmith/appraiser and do an inspection of the arm in question and then get the officer in charge to sign a receipt (4 copies are good) that carries all the details of condition at time of seizure and then leaving 1 copy with the police, let them leave with your property.

If it disappears after that then you have the proof of it's existence and condition and if found not guilty or the court ruling the weapon must be destroyed, you will get it back in the exact condition it left.

They have to give you a receipt, don't let them tell you otherwise, it is your legal property that they are taking and if memory serves, there has been a few court cases that have dealt with this particualr subject.

If they refuse, then get your lawyer to court and file an injunction to get your property back, don't sit on your hands and trust the Police department, especially if you are not charged with a crime.

I would contact a lawyer in your region and have him/her look into it on a local level, it's worth the cost to know exactly what could/would/should happen in such a situation.

 

[Mr. Purple]

In Florida, by statute, any gun taken during a breach of the peace (if you shot somebody there is a breach of the peace) a court order is required to have the weapon returned. Thats not as hard as it sounds if the shooting is justified. However, the gun will be there for the whole time the investigation and any court proceedings go on.

You will get a receipt from the officers that take it and it will go to the lab then sit in an evidence room or the court house. It won't be mistreated, but it won't be babied or cleaned either.

My advice to people that keep a gun for self protection is get something inexpensive that you won't mind seeing get bounced around an evidence room. Preferably something in stainless or a corrosion resistant finish. Do not use corrosive ammo in your self defense gun or you probably won't recognize it when you get it back (at least not the bore).

The expensive high end guns are great for the collection, recreational shooting and tough guy talk with friends about how you would use them to stop a crime, protect yourself or if the SHTF. But in real life a good $200 used S&W revolver oot 12 gauge pump will proably save your life and not make you cry thinking about it rusting in an evidense room.

 

[Zander]

I would contact a lawyer -- SL

Excellent advice. Otherwise, if it has an value at all, it will disappear into the collection of some LEO, ADA or judge.

He has to be pro-active...and documentation of its possession and condition must be established right now.

 

[El Tejon]

RobertodeTejas, it depends on a multitude of factors.

In my LEO daze, I saw everything from no seizure, to seizure of all guns, to seizure but no arrest, arrest but no seizure (doh! &^%$@$ go get the guns), arrest and information filed, seized pursuant to protective order, seized as condition of bond, seized as evidence, inter alia. The HDIC usually gave them right back, however there were a couple of exceptions that I remember involving non-adjudicated EDPs.

Typical lawyer answer, "it depends."

 

[bad_dad_brad]

That is what insurance is for. If you have a gun stolen (you better have proof of ownership - i.e. a sales receipt), report it to the local LE (get paper work), turn in a claim, and buy a new gun once you receive a settlement (the depreciation for a firearm is minimal).

 

[Double Naught Spy]

How long will a gun be seized and held for evidence? That all depends. No doubt they are going to hold it a lot longer if there is any question about whether or not the shooting was during circumstances where lethal force was okay to use.

It could be a very short time if the question of the validity of the shoot is not at issue. They may simply take it, do some ballistic testing so that the shots in the bad guy can be verified that they did actually come from your gun.

 

[QuarterBoreGunner]

This is a question that I’ve been thinking about-

I was involved in a self-defense shooting in 1999; the bad guy lived (got 48 years though, thank you very much) and the Glock 30 I used was taken into evidence. The trial has been over for over for two years now, and STILL no sign of my G30.


I think I’ll give the PD a call tomorrow and see what’s what. Though I have sneaking suspicion that I may never get it back… we’ll see.

 

[LiquidTension]

Here in SC I doubt that you'd lose your gun at all if you used it on an intruder breaking into your home. A few years ago the SC AG (Condon) told all the LE agencies in the state, as well as the prosecutors, that if a person uses a gun in self defense in their home, they are not to be harassed in any way - this includes arrest. Seems to me that if they can't arrest you then you have not committed a crime and therefore they cannot sieze your weapon as evidence. Of course, that would be the LOGICAL thing to do and as we all know, lawyers rarely use logic when prosecuting a case (read: furthering their political agenda).

There are some good things about SC.

 

[cratz2]

Another friend of mine had a registered machine gun stolen and it turned up in Cleveland in a double homicide. Believe it or not he got the gun back after about a year.

BHP9, what was the name of either of the victims in the Cleveland shooting? I'd like to be able to quote an example of a machine gun used in a homicide. Honestly!

 

[dave]

Things may be a bit different where you live. In general, it does no good to contact the Police to get a gun back, they aren't the ones that do it. You would need to contact your DA and have him sign a "release of evidence" type form. Take that to the Police and they release the gun, courts don't have anything to do with it (at least they don't here).

Our Dept releases handguns on a pretty regular basis. We are also required, by Dept SOP, to keep them in good condition while in our care. But once they get handed over to the DA's Office, good luck.

And yes, you should always get a receipt for ANY property taken by the Police. They MUST give you one.

Oh BTW, I've never seen a gun "wind up in someone's collection" in over twenty years in law enforcement. Stealing evidence is bad ju-ju. I have seen some ordered (by the court) destroyed and some given, though not to often (again by court order) to the PD for use. By far, most are returned to the rightful owner if possible. I will admit though, ours is not a large Dept and we have the manpower and time to give these type of matters more attention.

 

[DMK]

Never had a gun impounded, but my then new Jeep got stolen and recovered in less than a week. It was my only car at the time and it took them 6 months to finally allow me to go pick it up. Even then, they gave me a huge runaround.

And yea, they did not baby it at all. I had to identify it the day it was recovered, even took pictures. 6 mos later, it had all kinds of scratches and dents that were not in those pictures, plus they left it outside with the top off all that time.

If that's how they are with somebody's only means to getting to work, I can't even imagine what they'd do with a gun.

Dave's right too. It's the DA that releases evidence.

 

[moa]

If there is an obvious self-defense shooting in the home, is it the policy of some jurisdictions to seize all the firearms on the premises?

Anybody have any input on that? Or, is it that it depends on the jurisdiction.

I think it would be unpleasant to have your entire collection seized, leaving you with a kitchen knife for home protection.

 

[Smoke]

I was visiting with a LEO from Warren Mich. (he is an instructor at the place where I train)

He told me that all weapons confiscated in a felony act (not necessarily a conviction) are tossed in the shredder regardless of the outcome of any trials.

So if you successfully defend yourself, even if you are no-billed at the trial, your gun is scrap iron.

That is one local only. ( I just found it interesting that even could be done that way)

 

[EOD Guy]

This is a question that I’ve been thinking about-

I was involved in a self-defense shooting in 1999; the bad guy lived (got 48 years though, thank you very much)
and the Glock 30 I used was taken into evidence. The trial has been over for over for two years now, and STILL no
sign of my G30.


I think I’ll give the PD a call tomorrow and see what’s what. Though I have sneaking suspicion that I may never get
it back… we’ll see.

In California, the authorities are required by law to return the firearm to the lawfull owner when it is no longer needed for evidence. The only exception is when the owner is no longer legally able to own the firearm. The courts and police have no discretion in the matter although they try and tell you they do. Your best bet would be to contact the prosecutor in the case and find out where the gun is now.

 

[Greybeard]

Quote: "Here in SC I doubt that you'd lose your gun at all if you used it on an intruder breaking into your home. "

A friend here in Tejas did just that last year. Well, not quite. Actually he used the gun in taking out 3 of the BGs tires with 3 shots. Investigating officer tossed the (open) .32 in back seat of his vehicle, then handed it back to homeowner before leaving.

BUT ... Shooter was quite fortunate in many ways. It could have been very unpretty. As El Tejon says "It depends."

 

[Chris Rhines]

Seems like it varies a lot from place to place.

In general, I would assume that any weapon used in self-defense is going to be gone forever. Good reason to own multiple backup copies (and maybe store one or two off-site.) Paranoid, me?

- Chris