Laws in different states

[christcorp]

Was curious about some of the laws, not opinions, in different states. concerning self defense and your weapon.

Scenario: Robbed/mugged on the street. You are able to pull out your pistol and shoot the criminal. Whether the criminal got away or is lying there injured/dead, you've called 911. Police arrive.

Question: Are the police required to confiscate your pistol that you used in self defense? Is it considered now part of a crime "Investigation". If you financially are not fortunate enough to own more than 1 gun, is the government now "infringing" on your rights by taking away your property?

Inquiring minds would like to know.

 

[Cosmoline]

You're asking for something that doesn't exist. You are unlikely to find any state statute specifying whether officers are required to seize firearms as evidence, but if they intend to utilize the weapon in court at some point then they must preserve chain of custody pursuant criminal procedure rules and evidence rules. It's much less of an issue in civil litigation.

Whether or not you own backup firearms is not at issue, and again I doubt any state has a code allowing you to bar seizure of the firearm because you need it. Nor am i aware of any case imposing such a restriction or holding that seizure of a man's only firearm somehow violates his second amendment rights.

The rule is, expect to lose your firearm if you shoot someone with it. That's the only safe assumption.

 

[christcorp]

Cosmo: So, are you saying that you call 9-11, officer comes, you've told him that you shot someone who tried to mug you, that guy's laying there on the ground, let's assume "Dead" so we don't even have to get into the "He said" stuff where he's denying doing ANYTHING wrong; and the police officer simply takes your statement and lets you go home? Obviously not.

So, as you say, you expect to lose the firearm. They take it from you. I assume you go to the police station, chauffeured by a nice police officer. If after their questioning and your deposition, they aren't "Charging" you with any crime, and they are allowing you to leave, would they not be required to return you your gun?

 

[GRIZ22]

If after their questioning and your deposition, they aren't "Charging" you with any crime, and they are allowing you to leave, would they not be required to return you your gun?

They would logically keep your gun as many times the shooter may not be charged with a crime for weeks or longer. This is due to investigations that follow and any Grand Jury action.

I think in Texas all shootings go before a Grand Jury even obviously SD ones. That can be weeks after so it would make sense that they keep your gun.

 

[Hunt480]

If after their questioning and your deposition, they aren't "Charging" you with any crime, and they are allowing you to leave, would they not be required to return you your gun?

Maybe John Law will chime in here but I would think in a cut and dry obvious self defense scenario you descibed here the gun would go home with you.

 

[The Lone Haranguer]

It is impossible to predict any such outcome. I would not make any plans based on the gun being returned to you. This is why I counsel having some kind of immediately available replacement (preferably, but not necessarily, identical) for a defensive sidearm.

 

[Hunt480]

It is impossible to predict any such outcome. I would not make any plans based on the gun being returned to you. This is why I counsel having some kind of immediately available replacement (preferably, but not necessarily, identical) for a defensive sidearm.

It is a great excuse to go gun shoppin...

 

[TRowe81]

As a current law enforcement officer, here are my thoughts:

1. The firearm would (and should) be seized by the officer investigating the incident, at the time of the initial investigation.
2. As mentioned in a previous post, whenever evidence is seized, a chain of custody must be maintained. More than likely, the firearm will be logged and securely held by the investigating agency until either the investigation is closed, or a court ruling is decided.

If you discharge your firearm in any self-defense scenario, I would anticipate losing custody of the weapon for an extended period of time, possibly years.

Keep in mind, there's no statute of limitations on murder, so as long as the case remains open, the firearm will probably be kept as evidence.

Tim

 

[christcorp]

So, could it also be deduced that if it was a "Home" defense scenario, the on scene police officer would only confiscate the individual weapon used in the self defense, and not take "Any and all" guns that you happen to have in the house?

I know these sound like common sense questions, but they aren't always that cut and dry. I know, 1st hand, of a home defense here a few years back. Homeowner shot an intruder with a shotgun. Didn't kill them. Police came and took away bad guy, "he was in back yard, shot in the kitchen". Homeowner went to the police station and filled out all the paperwork and questions, then went back home. Shotgun was never taken from him. Anyway, just curious if it's a situational thing, a local decision, etc...

 

[Cosmoline]

Cosmo: So, are you saying that you call 9-11, officer comes, you've told him that you shot someone who tried to mug you, that guy's laying there on the ground, let's assume "Dead" so we don't even have to get into the "He said" stuff where he's denying doing ANYTHING wrong; and the police officer simply takes your statement and lets you go home? Obviously not.

It's certainly happened before. If there is no evidence of a crime, that's where it may stop. Though the way things go down in Anchorage isn't the way they're likely to go down outside. So as I said the only SAFE bet is to assume your firearm is getting seized and you'll need a lawyer.

 

[GRIZ22]

Maybe John Law will chime in here but I would think in a cut and dry obvious self defense scenario you descibed here the gun would go home with you.


I made the statements in post #4 based on over 30 years as a LEO. I said the same thing that TRowe81 said in a different way.

 

[razorback2003]

Your gun may be used as evidence until the case is closed and ruled justifiable. All the more reason to have more than one gun and not to use a gun for self defense you don't mind losing. You may not want a gun back after it has sat in an evidence room and not been taken care of.....go gun shopping!