I need facts about Gun Confiscation after a self defense shootout

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????????????? 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.

 

Seems like you already have what "facts" are available.

 

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.

 

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,

 

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

 

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.

 

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