I got shot, my guns got taken

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All I want to know is are the police allowed to confiscated my weapons given the situation? yes. they are possible evidence.

What are my rights as a citizen? Get a lawyer. Your friend should, too.
A victim? Lawyer.
How should I be responding right now? Lawyer.

You won't see those guns again at least until the investigation is complete. Even then, it may take months longer.
 
You can write-off the shotgun. You will probably get it back eventually, but it will be rusted shut and falling apart by the time the police have it in their custody for a year. (NOPD stored confiscated guns in barrels and I'll bet they dunked 'em in saltwater before putting them away, just to make *sure* they were ruined) Just be glad you're alive -- you may not realize it but that was a life-threatening injury.
 
oh yea, I knew it was life threatening when it happened. I recognized the arterial bleeding gushing from the entrance and exit wounds. Luckily my wife is a Registered Nurse in the ICU at the hospital I went to. She knew it too. I lost alot of blood real fast. Theres no question that she saved my life. My buddy was running around the house screaming "im sorry dude".... He didnt have a clue. Im grateful to be alive, but I still want my personal effects back.

As I said earlier in the thread. The police took my firearms after my wife and I were already off the property. Can they do that ? Or should they have taken them while one of the homeowners was there?
 
The police took my firearms after my wife and I were already off the property.

Can they do that ? Yes, they are EVIDENCE.


Or should they have taken them while one of the homeowners was there? Now wouldn't that be a silly law- evidence can only be gathered when the owner is there. Wouldn't that make it kind of hard to convict anyone? All the owner of a meth lab has to do is not be there, and viola!
 
He was holding the gun with this right hand trying to field strip it. He was trying to remove the slide when the gun fired a 115 gr. ball round.
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Wait, he Glocked you with an M&P?

Next time you see your friend smack him on the back of the head. Seriously, this is exactly what the sear deactivation lever is designed to prevent.
 
Or should they have taken them while one of the homeowners was there? Now wouldn't that be a silly law- evidence can only be gathered when the owner is there. Wouldn't that make it kind of hard to convict anyone? All the owner of a meth lab has to do is not be there, and viola!
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Good point. Haha.

Next time you see your friend smack him on the back of the head
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love too
 
I'm glad to hear you're doing better and I wish you the best continuing. (Good job to your wife for saving your leg AND life.)

I think it is fair to say that there is definitely some advice that is better than others. I am lucky enough to have a father-in-law who is a lawyer (...and, contrary to popular belief about lawyers and FIL's, he is a good guy and we are on good terms. :) ) so I know that if I were to get into trouble he could help me out. However, if you don't have that comfort, I would do what I could to get them back pre-lawyering up.

I have to disagree with you, respectfully, about saying any more than you have to because "you don't have anything to hide." (I don't want to be on anyone's bad side, just giving my opinion.) I used to think that way until I was referred to this youtube vid and confirmed with my FIL. http://www.youtube.com/watch?v=i8z7NC5sgik
 
Evidence against the charges that may be filed against your friend for a firearm discharge in a city.

You should get off the forum and get a lawyer, that is the best thing you can do.
 
Evidence against what?
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A shooting. The fact that you were shot can be used as evidence for:

- attempted murder
- § 97-3-29. Homicide; killing while committing a misdemeanor.
- § 97-3-47. Homicide; all other killings.

Gulfport Ordnances:

Sec. 7-17. - Same—Discharging firearms, exceptions.
(a) Discharge of firearms prohibited. Except where permitted according to subsection (b) or (c) of this section, it shall be unlawful for any person to shoot, fire or discharge any gun, pistol, rifle, or other firearm within the City of Gulfport.


and a host of other crimes.

Remember that the cops only get one chance to collect all necessary evidence. If it later turns out that the statements made on scene don't match the physical evidence, the cops don't get a second chance to get what they need.

Suppose it comes out that your friend and wife were having an affair and did this on purpose to kill you for the insurance? Suppose it comes out that you were intoxicated? Suppose you had died?


SHUT UP AND GET A LAWYER. YOU HAVE ALREADY MADE STATEMENTS THAT CAN BE USED AGAINST YOU AND YOUR FRIEND. It is not up to you whether or not charges are filed. That is up to the State Attorney.
 
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Advice taken. We have a friend thats a lawyer. Ill get him on my side. Ive got an insider in the PD as well, hes playing on my side for me too. Also, My family around here is pretty "connected" in the local gov't. Im gonna go ahead and get the ball rolling today.

Im gonna cease all conversation involving the events of that night as suggested. I would love to still share any lessons learned for future readers to learn from, thats what were here for right.

I will post my dealings with the authorities to keep the rest of societey informed, again to share knowledge.

Im sure most of you would like to see this have a happy ending, and Im sure it will as long as I keep my cool and mind my manner with the police.

I think this thread has alot of very useful info that could apply to ANYONE that reads this forum. Definately makes us rethink our views on weapons handling and the type of people we surround ourselves with.

Lets keep it going on the high road..........
 
The police took my firearms after my wife and I were already off the property.

Can they do that ? Yes, they are EVIDENCE.


Or should they have taken them while one of the homeowners was there? Now wouldn't that be a silly law- evidence can only be gathered when the owner is there. Wouldn't that make it kind of hard to convict anyone? All the owner of a meth lab has to do is not be there, and viola!
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Welllll, yes and no. In one way you can say the little old lady could have given implied consent to search, which is, after all, what they did. OTOH, if the residence was not under constant control by the LEA, ie an officer there to secure the scene, any "evidence" they seized would be inadmissable. If they entered without consent, implied or otherwise, without a search warrant, they, in fact, commited burglary. In which case I'd be asking where my NIB Python and NM .45 were. (JK)

I believe there's plenty of prima facie evidence to suggest that a weapon was indeed discharged in the city limits. I would be very surprised if the ordinance didn't include, "Knowingly and intentionally". I could see a GSR test on the friend, seizing his gun and digging the slug out of the wall.

As far as the state pursuing charges, why would a prosecutor want to waste his time on a case with no criminal intent involved? He would have no witnesses to call that would not be classified as hostile witnesses.

The more I think about this the more I can't understand the confiscation of a shotgun at all and the confiscation of a gun of a caliber not involved in the shooting.
 
I think this thread has alot of very useful info that could apply to ANYONE that reads this forum.
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Yeah, like don't have friends over messing around casually with loaded weapons and don't hide guns underneath seat cushions.

This is a serious lesson learned when it comes to gun saftey and leisureness.

So have your injuries left any permanent damage? Like a limp or having to get multiple surgeries in the future? Physical Therapy?
 
Uh, you do realize if he wouldn't have called 911 and just drove to the hospital that they still call police at the hospital to come out and question you.
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they would have questioned him but they wouldn't have done it in their house where there was guns sitting around. I would find a better spot then under a couch cushion not to cheap shot ya but doesnt sound like a good spot to me. If you didn't think you were going to die I would always opt for being driven by friend or family to emergency room. good luck to ya i hope it all works out.
 
That whole things sound bogus to me. The cops knew that the other guns where not involved in the situation, but they felt like grabbing them anyways. Did they grab all of your kitchen knives too? You know those could be used in a crime.

Now as far as your buddy trying to disassemble a loaded gun, shame on you for not double checking that he had actually unloaded it. If you had done this you would not have a hole in your leg or lost your guns.

As far as your guns are concerned, your buddy should pony up the money to buy you new ones. It is his fault after all that the cops were at you house stealing your guns.

As for cops, it would be nice if they wouldn't do whatever they felt like and disregard your rights as a law abiding gun owning citizen. I think that the system needs to be changed. Cops can do whatever the he!! they feel like these days and get away with it.

Basically you should never call the cops for anything. You should always find a solution to the problem on your own. I saw this first hand working as a firefighter/medic, the cops always screwed over the citizen. Even if the citizen was not in the wrong, they would try to find something to charge them with. Bunch of crap if you ask me.

Greebe out...
 
This whole thing adds to the nagging feeling I have that we are all criminals - they just haven't had time to round us all up yet.

25 years ago, it was not this way. Especially in south MS. Police didn't feel it necessary to pin some sort of crime on everyone they come in contact with. A few years back, I got hauled to jail for an unpaid speeding ticket I had forgotten about. 45 in a 25. They took my shoelaces away so I couldn't commit suicide, and on top of that, you can't call anyone's cell phone from the jail. Jesus Pete! What a screwed up country this has become. I'm a bleeping criminal and I'm proud of it. Come put me in a padded cell already!
 
I think the most important thing here is the fact that the police have taken it upon themselves to further victimize the victim of a crime. To protect and serve, my arse, the police should never, ever, be allowed to victimize someone in pursuit of the criminal.
 
Well, either way bkjeffrey, please come back and let us know 8 weeks from now what happened. That way we can sort the wheat from the chaff in this thread and see whether you were hauled up on charges, thrown in the dungeon and your guns stolen or the cops conduct an investigation and return your guns or something in between.

For what it is worth, I believe Marty Hayes offered you excellent advice on how to handle it.
 
Taken for consideration..........................................considered..:barf:

Look guys. I said it at the top I wanted to keep it short. And keep it on topic.
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Wow.

I mean just freaking wow.

Not only did your buddy fail to unload the pistol after his range session, neither you nor your buddy even thought to conduct a basic safety check to ensure the gun didn't have a magazine in the grip or a round in the chamber, an utterly egregious safety oversight on both of your parts, but your friend managed to 1.) cover you with the muzzle of a loaded weapon and 2.) pull the trigger while doing so, with a pistol expressly designed to be taken down without having to pull the trigger.

Both of you plainly have a lackadaisical attitude about safety that clearly crosses the line from bad into dangerous.
 
Not only did neither you nor your buddy even think to conduct a basic safety check
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These are points I raised in another thread about AD and ND yesterday, pointing to this one as an example. But I didn't want to raise it here as it would have been (at the time) OT. But since you raise the point, yes this was a massive violation of all basic safety rules. Much as I'd like the chide the OP, I think he paid the price of this lesson.

The other point is that no one except a close family member you trust and who is well trained should handle a gun in your home unless you have personally verified that the weapon is safe. That's a personal rule but it acts in tandem with the other four.
 
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