Quantcast

Police Confiscation of Gun after Self Defense Shooting

Discussion in 'Strategies, Tactics, and Training' started by Swichblade, Mar 6, 2016.

Thread Status:
Not open for further replies.
  1. Swichblade

    Swichblade Member

    Joined:
    Nov 22, 2011
    Messages:
    85
    Location:
    Earth, maybe
    What happens to the gun you used to shoot a person in self defense? I have heard everything from you get it back and go home 30 minutes after the police show up to the police take it away forever. My understanding is the police will keep your gun only if you are being charged with a crime in relation to the shooting or if the area the shooting occurred in isn't friendly to gun ownership. But recently I've seen a shift in online discussion from "you may go a while without your gun" to "You will never get the gun back as long as you live". Do you really lose your gun or do people say this just to warn others of the worst case scenario?
     
  2. Jeff White

    Jeff White Moderator Staff Member

    Joined:
    Dec 24, 2002
    Messages:
    29,005
    Location:
    Alma Illinois
    The gun is evidence. Expect it to be seized and held until the investigation is complete. This is not only true for private citizens, but also for the police. One of the big incentives for an officer to carry a department issued weapon when he had the option of carrying a personally owned weapon is the fact that if he is involved in a shooting, he will lose the weapon for as long as the investigation takes.

    It is a crime to shoot someone. The investigation may prove that the shooting was justified, but it WILL be investigated like a crime.

    Real life is not like a western movie where the sheriff walks into the saloon after a shooting and all the patrons say; "I saw it, the dead guy drew first, it was self defense." And the sheriff says; "Ok, Bill, you and John take the body over to the undertaker, you (to the shooter) don't leave town till I say it's ok."
     
  3. M-Cameron

    M-Cameron member

    Joined:
    Oct 6, 2009
    Messages:
    2,865
    Ide imagine it varies case by case......and dept by dept.

    That being said......if you are legally cleared of any wrong doing.....your property is your property, and they have no legal right to keep it from you.
     
  4. Kleanbore

    Kleanbore Moderator Staff Member

    Joined:
    Aug 13, 2008
    Messages:
    11,774
    Jeff nailed it, but let's also look at it this way.

    What will likely be rather apparent is that a particular person has shot someone. The shooter may assert that he or she did so in self defense, and it may be that the circumstances would seem to support that claim.

    But there is rarely any supportable objective bases for concluding that the actor did in fact "shoot a person in self defense".

    That will remain to be seen.
     
  5. Leanwolf

    Leanwolf Member

    Joined:
    Mar 25, 2006
    Messages:
    2,115
    Location:
    Idaho
    I would add, "And by State to State, depending on each State's laws.

    L.W.
     
  6. greenmtnguy

    greenmtnguy Member

    Joined:
    Oct 30, 2004
    Messages:
    357
    Location:
    New England
    Expect it to be confiscated for evidence until the investigation either clears you, or, the criminal trial proceeds and you are cleared by jury. Even if there is no criminal trial (cleared/justified shooting) it could be brought as evidence in a civil suit. I guess my thoughts on SD firearms are - get something that works well and you are comfortable shooting, but don't spend a huge amount of money on it or use a family heirloom for SD, because it may be quite a while before you get it back, and evidence firearms have been engraved/marked/mishandled many times in the past.
     
  7. joem1945

    joem1945 Member

    Joined:
    Oct 6, 2014
    Messages:
    2,016
    OK. I'll just get another one, no big deal.
     
  8. zb338

    zb338 Member

    Joined:
    Jul 8, 2014
    Messages:
    644
    Location:
    Pennsylvania
    I say, kiss the gun goodbye. Don't use your most
    expensive collectable for self defense. I have heard
    cases where the police keep the gun and the owner
    has to go to court to get the gun back. The trial would
    cost more than a gun by far. It may not be true but
    that's what I heard. It's probably different from State
    to State as well.
     
  9. MIL-DOT

    MIL-DOT member

    Joined:
    Jun 20, 2006
    Messages:
    3,110
    Location:
    Georgia,C.S.A.
    This is exactly why it's stupid to EDC something like a treasured, $2500 custom 1911, or even to use one as your bedside piece. I've heard idiotic arguments disputing this, more times than I can count, but unless you're a millionaire, it's just self-indulgent stupidity. Period. There are a ton of guns around that are perfectly reliable,lethal, yet economical, and that won't be a heartbreaker to lose indefinitely.
    If you're using a gun in a self defense application, then you HAVE to consider worst the case scenario, and plan accordingly.
    And even if you DO get it back, the only thing you can do if it comes back to you dinged, scratched and rusty, is.... :what: :banghead: :fire: :cuss:
     
  10. Jim K

    Jim K Member.

    Joined:
    Dec 31, 2002
    Messages:
    17,848
    Worse, some folks get emotionally attached to a gun and lose all rationality. I have read/heard of people saying something to the effect that "If I shoot someone, no $%% cop is going to take my xxxx, I'll shoot the ^^%$% first."

    So he would go from what might be a justifiable shooting to first degree murder of a police officer rather than let his treasured gun out of his hand. And he will probably be killed. That is not "gun rights". That is insanity.

    Jim
     
  11. Shaq

    Shaq Member

    Joined:
    Jan 19, 2016
    Messages:
    634
    Evidence firearms have also disappeared. Along with evidence cocaine & evidence cash.
     
  12. Sebastian the Ibis
    • Contributing Member

    Sebastian the Ibis Member

    Joined:
    Mar 30, 2008
    Messages:
    2,041
    Location:
    "The Gunshine State"
    If you shoot someone (even if it is justified) a gun is the last thing you should be worried about. For better or worse, it will be a life changing event. Even you own John Browning's original 1911 prototype that your daddy later carried while winning the Congressional Medal of Honor, you should be thanking your lucky stars that you are alive -- not worrying about an inanimate object.

    In any event, you should assume it is never. No matter what you think now, you are not going to be demanding anything if there is a whiff of criminal prosecution in the air. The $500 or $5,000 you paid for the gun is going to cost peanuts compared to attorney's fees and your potential freedom.
     
  13. X-Rap

    X-Rap Member

    Joined:
    Sep 23, 2006
    Messages:
    6,657
    I'd like to hear of an instance when the gun wasn't confiscated, also like to hear of someone not getting theirs back eventually if not charged.
    I agree and never could understand the four figure $$$$ custom personal defense market.
     
  14. huntsman

    huntsman Member

    Joined:
    Apr 11, 2003
    Messages:
    4,523
    Location:
    ohio's northcoast
    Or have a backup(same gun) at home in the safe.
     
  15. waterhouse

    waterhouse Member

    Joined:
    Jan 7, 2005
    Messages:
    5,384
    Location:
    Round Rock, TX
    Mine was kept in evidence for about 18 months, which due to a very slow criminal justice system is how long it took for my case to make it in front of a grand jury. The grand jury returned a no bill, I wasn't charged, and I had to wait about 3 days for paperwork to get filed before I could collect my gun from the evidence room.

    It was in perfect condition when I got it back. No rust, dings, scratches, etc.

    They did fire 5 of the remaining rounds from my magazine for testing purposes; I didn't get those back but I did get back what was left in the magazine after the shooting and the testing.

    Call it stupid or idiotic if you will. Mine was a relatively expensive AR15 with about $1000 in optics and another $200 in flashlight/sling/mounts that all got locked up. Even if the rifle had been a bargain bin $500 AR I still would have had close to $1700 in it.

    While not a millionaire, I always knew it was possible that it would get taken if I used it; I planned for such event, and had a nearly identical backup in the safe.

    I wasn't heartbroken, I just surrendered the tool for 18 months and then I got it back.

    In my opinion I used the best tool available at the time, it worked perfectly, and it went away for 18 months. The temporary loss of the use of that gun was the least of my concerns.

    I say, use whatever you are most comfortable with and that you shoot the best , whatever the cost, and know that it might go away. I can honestly say that if I never got that rifle back I could happily call it a $2,700 tool that served its purpose and then disappeared. If that makes me a stupid idiot, so be it.
     
  16. ColtPythonElite

    ColtPythonElite Member

    Joined:
    Jan 8, 2011
    Messages:
    9,678
    Thank you for your story waterhouse. It's nice to hear a real story instead of someones theory.
     
  17. Sarge7402

    Sarge7402 Member

    Joined:
    Sep 2, 2013
    Messages:
    482
    Location:
    Virginia
    First the weapon isn't confiscated. It is taken in as evidence. If it was a rightous shoot, you'll get it back. If it was a bad shoot, plan on not seeing it ever again as you'll probably end up in the big house even if it's only for involuntary man slaughter
     
  18. TimSr

    TimSr Member

    Joined:
    Jan 13, 2015
    Messages:
    1,530
    Location:
    Wayne co. Ohio
    Even though you are entitled to have your property returned once you are cleared, if a dept or court system doesn't want you to get it back, they can easily tie it up in bureaucracy, and keep throwing endless hoops in your way, or even "accidentally" destroy your property. Once property is their custody, they not take care of it as you would, and things are often damaged just from careless handling. Then there is also the cosmetic wear and tear on any gun that is carried on a daily basis.

    I carry a RELIABLE weapon that can be replaced relatively inexpensively, and that is a common production line model for all those reasons.
     
  19. MIL-DOT

    MIL-DOT member

    Joined:
    Jun 20, 2006
    Messages:
    3,110
    Location:
    Georgia,C.S.A.
    Good lord.........miss the point much ?????? :banghead:
    OBVIOUSLY, it would be preferable to forfeit an expensive firearm rather than lose your life, or the life of a loved one. NO KIDDING !!!
    The point is (breathe deep, stick with me here), that with the absolute TINIEST bit of advance thought and effort, you can STILL save everyone's lives, yet ,at the same time, NOT lose a beloved and expensive firearm. Amazing !!
    Is it really necessary to use the most expensive,irreplacable weapon you can get your hands on to defend yourself ? Or,if given the option, would you rather just use the trusty old Glock that you got off Armslist for $400?
    Get it now ??????
     
    Last edited: Mar 7, 2016
  20. BSA1

    BSA1 member

    Joined:
    Apr 20, 2011
    Messages:
    7,492
    Location:
    West of the Big Muddy, East of the Rockies and Nor
    This is a situation where "Two is One, One is None" applies well.

    Having another same model and caliber as your primary edc/hd is a very practical choice. Being able to simply go to the safe and pull the spare without any need for refamiliarization or training is the quickest way to get back into action so to speak.
     
  21. 41 Mag

    41 Mag Member

    Joined:
    Jan 22, 2005
    Messages:
    1,852
    Location:
    Texas - Born and Raised

    If I am ever forced to use any weapon in self defense I totally agree with the above.

    In this case it will be whatever I get my hand on first and loosing it over a family members or my or life will be the least of my concerns.

    Firearms are replaceable, loved ones aren't.
     
  22. MIL-DOT

    MIL-DOT member

    Joined:
    Jun 20, 2006
    Messages:
    3,110
    Location:
    Georgia,C.S.A.
    Is everyone here sniffing friggin' glue :scrutiny:?? Once again....no one is saying you shouldn't defend your life with a weapon that happens to be extremely valuable, if that is your ONLY option, the point is that it is vastly more prudent to pick ANOTHER, LESS EXPENSIVE weapon from your arsenal.
    And given that no one is threatning your life at THIS MOMENT, you clearly have the option of arranging this, beforehand.
    I'm just baffled why this is such a difficult "theory" for some to grasp.
     
    Last edited: Mar 7, 2016
  23. Manny

    Manny Member

    Joined:
    Feb 23, 2003
    Messages:
    1,046
    Location:
    NE Ohio
    The "2 is 1" philosophy is the one I believe in strongly for self defense arms. My favored SD arms are a pair of Ruger KLCR's w/ tritium front sights & CT grips and a pair of HK VP9LE's w/ factory night sights & Surefire X300U lights mounted. Both perform spectacularly in their rolls. Should I ever have to use one or both and surrender if for eveidence, a spare is on hand & ready to go.
     
  24. old lady new shooter

    old lady new shooter Member

    Joined:
    Apr 26, 2015
    Messages:
    17,027
    If the $2700 saved your life and/or the lives of your family, it was a bargain even if you never got it back.

    I'm thinking of getting a clone of my 686+ for exactly the reasons being discussed in this thread. If G-d forbid I ever have to shoot someone I'm gonna be freaked out enough afterwards without having to additionally be gunless for the following 10 days (or more, most dealers here apparently don't keep the 7-shot in stock).
     
  25. ColtPythonElite

    ColtPythonElite Member

    Joined:
    Jan 8, 2011
    Messages:
    9,678
    I guess everyone is different....I have more handguns than any one person needs. I can take any one of them whether it be a semi, revolver, snub, or any other handgun length and shoot a passing score on a LEO qualification course right out of the gate without any warmups, practice, additional training or whatever....I can shoot any of them proficiently and would be comfortable using any for SD....I don't see the need for 2 is 1, spares of the same, or clones just for SD reaaons....Now, if you just want a bunch of similar guns buy them. I certainly have duplicates, but I don't need them.
     
    Last edited: Mar 7, 2016
Thread Status:
Not open for further replies.
  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.
    Dismiss Notice