I need facts about Gun Confiscation after a self defense shootout

Discussion in 'Legal' started by Darth-Vang, Feb 7, 2022.

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  1. Darth-Vang

    Darth-Vang Member

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    Okay I need facts about what happens to your guns after a self defense and what to expect to happen to the firearm(s) used in a self defense.(haven’t gotten into one yet, hopefully it stays that way till my life expires naturally…) I know that it will be confiscated, but I’m reading up stuff on the net(yes, possible “myth” and the lores of the net…) I read that some have to sue the state to get their guns back????????????? o_Oo_Oo_O:confused::confused::confused: Some got their guns back as soon as they were found to be innocent. Some took weeks, months, years even…who here has been into one and what’s the reality of it? I need the facts.
     
  2. MedWheeler

    MedWheeler Member

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    Seems like you already have what "facts" are available. ;)
     
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  3. hso

    hso Moderator Staff Member

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    I think you'll find that it is different for different jurisdictions and it is certainly different depending upon the shooting and whether it was clearing a good self defense shooting or you ended up at trial.
     
  4. 1942bull

    1942bull Member

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    Years ago I paid a criminal defense attorney for an hour consultation about the legal aspects of self defense with a firearm ot other deadly weapon. I am in PA so his expertise applies to PA primarily, but some of it is basic and likely applies in any U.S. jurisdiction. I am not a lawyer. This. Is not legally advice. It is simply my understanding based upon what I learned.

    The word “fact” has different meanings depending upon how it is used. In legal matters a fact is usually considered “a piece of information presented as having objective reality.” That seems a bit confusing but in law the facts is that no legal determination process can actually be called factual because every case relies upon its own facts, defines as “actual occurrences.” So legal facts depend upon actual facts.

    In a nutshell this is what I learned. If you use a weapon in an act of what you consider to be self defense, it will be taken from you because it is evidence in what might or might not be a crime. A finding of fact whether it was a crime could take years considering trials and appeals. You will not get your gun back until you are found innocent or are not charged with a crime. If you are found guilty, you are unlikely to get the gun back ever, and you are likely to have any guns you own seized. If you are found innocent that is being factually not guilty you are entitled to get your property back because your firearm is not evidence any longer. You could have to jump through a lot of legal hoops to get the gun back.

    Not being charged with a crime means you are innocent until proven guilty, but as long as the crime is under investigation the gun remains evidence. You have little to no chance of getting your gun back until the case is officially closed. That could take years even if you are not charged. If the case is closed you are theoretically entitled to take possession of your gun, however, whether you are successful or not could depend upon the factual procedures in the specific jurisdiction. You entitlement might have to be legally fought for.

    My suggestion is always assume you will lose your gun unless you have a lawyer representing you so have info about a qualified criminal defense lawyer just in case. Better yet is to.pay a few buck for a half-hour sit down with that lawyer to get schooled on how to handle yourself is you have to defend yourself with or without a firearm. It’s very enlightening and a bit confusing at the same time, but the info is more likely reliable than any you get in a virus, on YouTube, or I reading materials.
     
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  5. Spats McGee

    Spats McGee Moderator Staff Member

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    @hso has given you about as good an answer as you're going to get. The short story is that the gun will likely be seized for investigative and evidentiary purposes, and held until it no longer serves either of those purposes. The longer story is that all of that, and the process by which one gets one's gun back vary by jurisdiction. Is it a state case? Which state? What state laws are in play? What about municipal policies and ordinances? What if there's a federal component. IOW, definitively answering this one in legal terms is nearly impossible, especially without more specifics.
     
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  6. AlexanderA
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    AlexanderA Member

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    The takeaway here is that you shouldn't carry, or use for self-defense, a gun that is valuable or one that you would be upset about losing. Therefore we get to the concept of "burner guns" in the same way that some people carry "burner phones." The idea is to have a cheap throwaway gun that will nevertheless get the job done.

    As a collector and a person who appreciates fine guns, this bothers me a lot.
     
  7. JJFitch

    JJFitch Member

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    It's impossible to determine how long your property can be held! Court calendars can hold things up for years. Even though a criminal case may not hold you responsible a civil case may also hold things up. Once a case is disposed of your property must be returned to you. You will have to prove ownership as well as pass the usual possession requirements (NICS).

    Smiles,
     
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  8. armydog

    armydog Member

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    My philosophy is have several of your preferred carry gun regardless of cost.

    I know wealthy people who only have one gun and a few boxes of ammo. It's like they never heard of this Murphy guy out there. lol
     
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  9. CapnMac

    CapnMac Member

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    This is actually a less-good one for Legal.
    It's a supposition with insufficient facts for one.
    State and Local laws all vary, so there's no way to cite those in support of a conclusion.
    What OP needs is the opinion of a local attorney and not a bunch of goofs on the interwebs--even well-educated goofs.
    That's what professionals are for.
     
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  10. Blue Jays

    Blue Jays Member

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    @Darth-Vang…good solid information has been shared here so far.
    Firearms stored in police lockers will likely not receive tender loving care.
     
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  11. Spats McGee

    Spats McGee Moderator Staff Member

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    Without more specific information, this thread probably isn't going to improve or become more helpful. Accordingly, closed.
     
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