I got shot, my guns got taken

[Justin]

Much as I'd like the chide the OP, I think he paid the price of this lesson.

He may have paid the price, but given his dismissive response to an inquiry about a refresher in basic gun handling, it's clear that the lesson hasn't sunk in.

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.

That's a good rule to have. One of the things Rob Pincus showed me that has stuck with me to this day is a variation on that. If you're handling a firearm with others present, when you check a gun, render it safe, verify the chamber is empty yourself, and then show the empty chamber to the others in the room so that they can also verify that the weapon is clear.

 

[shockwave]

If you're handling a firearm with others present, when you check a gun, render it safe, verify the chamber is empty yourself, and then show the empty chamber to the others in the room so that they can also verify that the weapon is clear.

Exactly right. My neighbor is into firearms of all sorts and he gives me advice from time to time. Occasionally he'll want to show me a new acquisition. So I go over to his garage, and he'll take out, say, a Glock, and with it in a safe direction drop the slide, then clear the chamber several times just to be sure, show me the empty chamber, then hand it to me. I sort of assumed everybody did this.

 

[dougwx12]

Guys, he just said he was going to do the smart legal thing and not discuss this until the dust has settled. I'm all for post-mortems, but save the piling on for when it's smart for him to respond?

 

[divemedic]

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.

How do they know which guns were used in the crime? There is a guy with a bullet hole in his leg. He SAYS that it was a 9mm. What happens when it turns out to be a .45, and the cops didn't bother to get the .45 that was present in the crime scene?

Again, people. The cops get ONE chance to work the scene, no do-overs. Whatever they get at the time is all they get. BTW- why would they grab the KNIVES when the crime reported was a SHOOTING. Get real, people.

If they entered without consent, implied or otherwise, without a search warrant, they, in fact, commited burglary.

Negative. They were at a crime scene, investigating a CRIME. Also, calling 911 is an invitation to allow the authorities into your home. When you call 911, your home is open from the time they arrive, until they leave. As long as they continuously remain on the property, no warrant is required.

Firefighters at the scene of a fire use this to their advantage, so I know cops do. When we are investigating a fire, we leave at least one firefighter on the premises until the investigation is complete.

 

[gordy]

Well about 30 years age there was a breakin at my home. turned out it was some kids from down the street. They took some chips and beer. I called the cops and they came. Looked around and there on the wall was a 1851 bp colt (replica, it had NEVER been fired) they seen some fingerprints on the gun and took to see if it helped in the investigation. About two months later they were still trying to see if it was involved in any local crimes. A good layer got it back for me.
About 25 years ago my brother was shooting at a fridge and the bullet bounced back and hit me. Boy did it hurt. I went to the hospital, they sent me home with a bandade, The local sheriff wrote up the report and everything was fine. End of story NO.
About 5 years latter I was trying to get some insurinse and they told me that I was high risk becose there was a report saying that 5 years earlyed there was a self inflicked gunshot wound in the police report. Can you beleave the **** I had to go threw to get that cleared up.
And for the guys going on about it being good the gun was a 9mm and not the 45. It is a good thing that it was 9mm ball and not a HP. 45 ball would have gone threw with little damage. A HP would have been bad with any cal.

 

[Greebe]

How do they know which guns were used in the crime? There is a guy with a bullet hole in his leg. He SAYS that it was a 9mm. What happens when it turns out to be a .45, and the cops didn't bother to get the .45 that was present in the crime scene?

Again, people. The cops get ONE chance to work the scene, no do-overs. Whatever they get at the time is all they get. BTW- why would they grab the KNIVES when the crime reported was a SHOOTING. Get real, people.

This is exactly what I am talking about. There are 4 witnesses. All have the same story including the person shot. What is to lead the police to believe that there is any reason not to believe that the 9mm was the firearm involved? This is treating the victim as a criminal, and saying he is a liar and that he cannot be trusted with his own guns that were not involved.

How is the 12 gauge even considered? I have seen and treated several point blank GSW's with 12 gauge shotguns and it is very obvious that it is not a pistol caliber wound. So your reasoning for the shotgun being taken is invalid. Thus since the shotgun was taken and it obviously was not used in the incident it is no different than taking his kitchen knives as well.

If someone backs their car into your driveway and wrecks one of two cars in the driveway, do they impound both of your cars even though one was not involved? NO! So why should it be any different with the guns?

Greebe

 

[fguffey]

"My guess is the cops took your guns because they wanted to see if they might have been used in other crimes in the area and the investigation of your accident and the proximity of the guns gave them the legal basis to scratch that itch"

Roberts, kits are available for just about everything, barrel and firing pin plus all of the small parts from pistols that could be connected to a crime, once it is determined complete slides are available from pistol that were involved in crimes and pistols that have been stolen are stripped for parts and sold the chain of custody would make it difficult to prove the gun was involved in a crime, I believe it would be possible to prove some of the parts were involved, I believe outside of the complete matching serial numbers proving the barrel was in a particular frame when a crime was committed would be impossible to prove.

F. Guffey

 

[divemedic]

This is exactly what I am talking about. There are 4 witnesses. All have the same story including the person shot.

The law would still have been broken. Have you ever heard of negligent homicide?

If someone backs their car into your driveway and wrecks one of two cars in the driveway, do they impound both of your cars even though one was not involved? NO! So why should it be any different with the guns?

They will if there is a THI (Traffic homicide investigation) involved.

 

[firebird74521]

Your lucky your not in Canada. All firearms here have to be locked up all the time except for cleaning or transport. That includes long guns. Having a loaded firearm anywhere in your home will get you charged and you will be prohibited from owning or using firearms for 5 years.

 

[cskny]

divemedic, I'm with you. I really don't see what the police did wrong here. There was a shooting, I feel like you guys have jumped all over the cops. IN FACT, some of the posts have gone as far as to call them thieves (criminals)!?!

Is it that hard to conceive that day in and day out the police are lied to by people trying to cover-up what they did/what really happened? I'm not saying that he did that, but many others do because the consequences can be severe.

This guy and his friend made a VERY poor series of safety decisions. Unfortunately, something bad happened. I'm not saying he's a bad guy, I don't know him. I'm simply saying that for this moment in time, judgement was not good. I think he's already stated the same.

But, It was their decision and their actions.

What happened to personal responsibility in all of this? There are consequences to our decisions/actions and sometimes, they suck. The police, having to do their jobs, had to confiscate and/or test all the guns present to make sure the stories match. Isn't that a consequence of THEIR decision(s)? If it takes a few months to test, isn't that again a consequence of THEIR decision?

I don't think it's the cops fault, they're doing what the scene forces them to do.

 

[DetroitStudent]

Just curious, what ammo was in the 9mm? Were you unable to move? sorry for the "stopping power" questions. I dont mean to be rude. I am glad you are safe and this will be a powerful lesson to all of us here at THR.

-Thanks

 

[cskny]

It's in post 45

...slide when the gun fired a 115 gr. ball round. The round skid across his left palm and entered my left leg just behind my knee. Exited the other side and lodged into the wall. The bullet traveled about 2 feet before entering my leg, and about two more feet before entering the wall where it imbedded into the base board about 1 inch.

 

[nitetrane98]

Quote:
This is exactly what I am talking about. There are 4 witnesses. All have the same story including the person shot.

The law would still have been broken. Have you ever heard of negligent homicide?


Quote:
If someone backs their car into your driveway and wrecks one of two cars in the driveway, do they impound both of your cars even though one was not involved? NO! So why should it be any different with the guns?

They will if there is a THI (Traffic homicide investigation) involved.

Dive, you need to quit throwing these terms around like you know what you're talking about. You can't go calling something negligent homicide without knowing what the elements of the crime are. It generally requires mental cupability and gross negligence or recklessness. Not being careful enough rarely rises to the area of negligence.

They will if there is a THI (Traffic homicide investigation) involved.

Now you know that's not right.

 

[divemedic]

Now you know that's not right.

Uh, yes it is. Not only do they take the cars, but you are REQUIRED to allow the medics on scene to take your blood. The cops can use force to get you to comply.

Dive, you need to quit throwing these terms around like you know what you're talking about. You can't go calling something negligent homicide without knowing what the elements of the crime are. It generally requires mental cupability and gross negligence or recklessness. Not being careful enough rarely rises to the area of negligence.

It doesn't matter what actually happened. It is all about the cops having a REASONABLE SUSPICION that a crime occured. Since a firearm was discharged in city limits, they already have evidence that a misdemeanor was committed. Since Mississippi Statute 97-3-29 makes it a felony to cause the death of another while committing a misdemeanor, they have reasonable suspicion to collect evidence.

Also, pulling the trigger on a firearm while it is pointed at another, without first checking that the gun is unloaded is the very definition of negligence.

Negligence:
n. failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person would not. Negligence is accidental as distinguished from "intentional torts" (assault or trespass, for example) or from crimes, but a crime can also constitute negligence, such as reckless driving.

 

[hso]

The OP has exited the thread and ya'll are just bickering now.