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what happens to your gun after a self defense shooting?

Discussion in 'Legal' started by Madjohn, Apr 24, 2010.

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  1. Madjohn

    Madjohn Member

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    i was wondering because i have heard rumor that it is taken from you either temporally or permanently after you shoot someone in a self defense scenario. even in a proven self defense situation is this true?
     
    Last edited: Apr 24, 2010
  2. Ron James

    Ron James Senior Member

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    Yes, it is evidence in case they want to put you on a cross. If every thing checks out and the courts deem you a innocent lamb, then it should be returned. Depends where you live and the state laws. Sometimes it is very difficult to get them to return your firearm, and when returned it may be rusted, chipped, tared and feathered. Fairness and logic have nothing to do with it.:banghead:
     
  3. cassandrasdaddy

    cassandrasdaddy Senior Member

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    depends where you live and what happened
     
  4. GRIZ22

    GRIZ22 Senior Member

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    cassandrasdady gave the answer. The only thing I have to add is you can count on your firearm being taken from you at least temporarily. This would be until the investigation and/or grand jury clears you.
     
  5. WardenWolf

    WardenWolf member

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    I've heard of some locales having a policy that any gun that's been involved in a shooting, regardless of whether it was justified or charges are filed against the owner, is taken and not returned. I can't cite specific instances, but I have heard that is the modus operandi in some places. It depends on where you live and what the circumstances are. In many cases, the police will not even take it.
     
  6. Evil Monkey

    Evil Monkey member

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    Isn't that illegal.
     
  7. cassandrasdaddy

    cassandrasdaddy Senior Member

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    i knew a cop that shot someone while driving cab he had to give up his gun and he was somekinda mad
     
  8. inSight-NEO

    inSight-NEO Member

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    I would imagine that taking the gun (initially) is par for the course...pending any further investigation. After that, I would suspect that getting it back within a fairly expeditious time-frame depends on whether or not some attorney deems your case worthy of going to trial.

    My question is, during such an "evaluation period," what is to become of any remaining weapons within the home?
     
  9. Madjohn

    Madjohn Member

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    that would be a scary thought, having your other guns taken while the investigation occurs.
     
  10. inSight-NEO

    inSight-NEO Member

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    Indeed. For instance, it is my understanding that Mr. Ersland (the individual currently on trial for the OKC pharmacy shooting), was asked to relinquish not only the weapon(s) used in the incident, but also was questioned regarding whether or not he owned any other weapons.

    I am unsure of where this went exactly, but the idea that it was even brought up causes somewhat of a "pucker" factor. Keep in mind that Oklahoma is, for the most part, a pro-gun state no less!
     
  11. rscalzo

    rscalzo Member

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    Any firearm will be secured as evidence regardless if it be a LE or not. The time frame can vary until the investigation is over and the case is closed.

    Oddly back in NJ the time frame was much quicker than up here in NH. although to be fair, the staff back in NJ was much larger than that of the rather small NH county.

    Rarely, if ever is the determination made at the scene. But we have never taken possession of anything beyond the firearm involved in the actual incident. The only reason I could think of that would involved securing all the firearm would be if it involved a DV senario.
     
  12. Madjohn

    Madjohn Member

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    if the determination is made at the scene is the shooter allowed to go free and keep his weapon or is he still detained?
     
  13. rscalzo

    rscalzo Member

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    I can't imagine a determination ever being made at the scene. Too many are involved in that type of an incident. In our case the Prosecutor's Office is called in to handle any homicide or an incident where the possibility of a homicide resulting.

    In reality, a bunch of guys standing around saying "what do you think isn't going to happen". The investigation will involve statements at some point and the logging of any and all evidence.
     
  14. Frank Ettin

    Frank Ettin Moderator

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    It is a virtual certainty that the determination will not be made at the scene. It may be that the shooting appears strongly to be justified, in which case you probably won't be arrested. But the gun will still be taken as evidence at least until the investigation is complete and you ate exonerated.
     
  15. Madjohn

    Madjohn Member

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    thats good to know. i honestly hope that if i ever have to shoot some dirtbag in self defense even if he lives im not gonna want to be treated like the criminal.
     
  16. Buck Snort

    Buck Snort Senior Member

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    I live in the PRC and my Wilson Combat is a safe queen 'cuz I'd hate to have some cop grab it after an SD shooting because I'm sure it'd end up in the gunsafe of said cop and never cross my threshold again.
     
  17. bellyup039

    bellyup039 Member

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    John,

    IN my expirences, even a Swat team Sniper's rife was taken from him 3 times so far. Of course he was cleared within a few days and it was given right back to him.
     
  18. HexHead

    HexHead Senior Member

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    Depends on how nice a gun it is. They've been known to go missing from police evidence lockers if it's a nice enough one.
     
  19. BeerSleeper

    BeerSleeper Member

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    What ever happened to innocent until proven guilty?
     
  20. nairb35

    nairb35 New Member

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    Imho I would not want it back. Think about it ,If you wound or kill someone even in sd would you want the reminder every time you pick up that weapon I guess if it was me I would not. I guess if it was allowed back to me I would sell it right away. My 2 cents. Sorry to op if I got off topic.
     
  21. shootistpd27

    shootistpd27 Member

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    What ever happens, I recommend to anyone, that you have an extra one or two, in my case 9, so that if they take it, you just smugly let them know, "oh, ok, I have more at home, take all the time you need" but make sue that you keep on them to assure that it doesnt end up in a department gun sale or in the chiefs collection. Yes, it does happen.
     
  22. bigfatdave

    bigfatdave Senior Member

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    Tying emotion to a tool is exactly what some other groups do.
    Would you ditch the holster, belt, hand, and magazines too?
    Assuming you survived, isn't that now your most reliable firearm?

    If I were involved in even the most obviously righteous self-defense shooting, I would expect my weapon to spend some time in an evidence locker.
    I have more, although only a few have holsters or are suitable for EDC. I would agree that making sure your property is treated well and returned ASAP is a priority, but I wouldn't be going unarmed the day after I so obviously needed to be armed.
     
  23. shootistpd27

    shootistpd27 Member

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    If you do get rid of the weapon then I assume you will consider it damaged. In that case I will buy it at a third of what it would be worth unharmed. Holler at me if you ever get into a shooting.
     
  24. jkulysses

    jkulysses Member

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    Wow really I guess we are complete opposites. What would be cooler than having a gun that actually saved your life when some sicko meth head ass raper was trying to get you lol.
     
  25. Frank Ettin

    Frank Ettin Moderator

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    "Innocent until proven guilty" refers to the presumption of innocence and burden of proof in criminal litigation (the "Golden Thread of British Justice" as Rumpole of the Bailey puts it). This means that at trial, the prosecution must prove all the elements of a criminal charge beyond a reasonable doubt. If the jury concludes that the prosecution has failed to meet that burden, the defendant is entitled to acquittal.

    Arrest and restraint are another thing entirely. In the course of a lawful custodial detention or arrest, the police are permitted to use reasonable force, including mechanical restraints, for their own protection, to secure the person in custody and to prevent escape.

    And you don't have to be "proven guilty" to be arrested or to have your property seized as evidence. A person may be arrested, and property seized evidence, if an LEO has has probable cause to believe (1) a crime has been committed; (2) the person arrested did it; and (3) certain property is connected with that crime. "Probable cause" is "sufficient reason based upon known facts to believe a crime has been committed or that certain property is connected with a crime...."

    It's been working like that for several hundred years.
     
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