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Old November 30, 2018, 11:13 AM   #1
MikeGoob
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Do police confiscate guns in every case of defensive handgun use?

Just thinking--When I walk around the trails near my home -- between houses-- not remote-- there are sometimes some bold coyotes that roam around. I carry. If harassed by a coyote, and I needed to shoot, it would be reported because it would be illegal to simply be target shooting in this area. If the police rule it a justified defense, would they still take my firearm like they would if I shot a person(legally)?
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Old November 30, 2018, 11:17 AM   #2
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Having a bad day

I think that is going to depend on the officer. A self defense shooting against another person I'm sure that 100% of the time they will take the weapon.

Shooting a yodel dog? If your in Manhattan, Yes, North Platte, NB? Probably not.
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Old November 30, 2018, 11:22 AM   #3
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Maybe I should carry a ruger instead of my sig just in case...
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Old November 30, 2018, 11:30 AM   #4
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If you are in Austin Tx they’re going to take the gun and you, even if you have HD video from 3 angles proving it was self defense against a pack of rabid coyotes.
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Old November 30, 2018, 11:36 AM   #5
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Shooting a yodel dog? If your in Manhattan, Yes, North Platte, NB? Probably not.
If you meant North Platte, Nebraska ..... they'd arrest you. It is illegal to discharge a firearm within town limits, or within 200 yards of an occupied dwelling in this state. They arrested a guy a few years back for carrying a shotgun on foot across town there.
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Old November 30, 2018, 01:30 PM   #6
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Ya I got the abbreviation wrong. One could be arrested and released without having their gun confiscated.

Again, I think it depends.
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Old November 30, 2018, 02:01 PM   #7
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Their was a shooting in defense of a woman being beaten on main street in Riverton Wyoming a few years ago and they didn't take the gun, didn't arrest the shooter and didn't even make him come to court.

The bad guy got shot through the penis, and that was worth some laughs.
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Old November 30, 2018, 02:56 PM   #8
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The bad guy got shot through the penis, and that was worth some laughs.
Hooooooly Cow!

Talk about adding insult to injury for real. That ain't gonna buff out for that idiot anytime soon. His reputation and any sense of self he has is now dead, because he wanted to play stupid games.

Quote:
They arrested a guy a few years back for carrying a shotgun on foot across town there.
That is actually a pretty dumb thing to do, even in an area with relatively lax laws on firearms. We live in a new time period now. People openly brandishing big guns will often invoke negative mass-public reactions, especially with the country already on high alert for wackos wanting to "make the world pay". If I am going to transport a long gun across a populated area, even if openly carrying long guns are legal, I am still going to keep the weapon inside an appropriate locking case or tote-sleeve. The last thing I want is to contribute to the "gun owners are crazy and irresponsible" horse manure.
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Old November 30, 2018, 03:42 PM   #9
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It all depends on various circumstances. Officers have some discretion.

Different circumstances, but I have shot 2 deer, a Coyote and 3 Elk when it was technically illegal to do so. 2 of those had been hit by cars, 2 were inside city limits. I was never asked to relinquish my handgun by responding LE in any of those cases. I was able to articulate that I had done so safely, in order to prevent suffering and to keep others safe. In one case, the responding LE got into an actual yelling argument with each other over what to do about the situation. Fortunately the more senior was a cooler head. I would act in the same way given those same circumstances.

A path I bike regularly is a creek/greenbelt that extends down into the city some 25 miles from the foothills. There is a lot of game, and coyotes on the trail and in the two wildlife preserves near our house. I have seen Coyotes on the trail and have a few times had to stop parents with their youngsters and tell them I had just seen a Coyote on the trail. Almost every time, they are thankful, call the kiddos back and hold their hand in those areas until they pass. I don't think I have ever heard of an actual attack of a Coyote on the trail and there are a lot of them, and a lot of people. Low risk unless you have small ones.
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Old November 30, 2018, 11:49 PM   #10
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Keep in mind that not all departments trash the firearms that are taken as evidence. They might just get a tag or label and leaned against a corner in a locked container. It will probably go back to you in the same condition it was when it left in my experience. It's going to be agency specific.
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Old December 1, 2018, 04:56 AM   #11
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I would expect to have the sidearm taken for evidence until the investigation is complete, and all court cases have been resolved. However, I don't know specifics, I just bet on that as the case.
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Old December 1, 2018, 06:25 AM   #12
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As others have said, I think the determination is on a case-by-case basis, and may depend heavily on what jurisdiction one is in when shots are fired. That said, I operate on the assumption that my firearm will be taken if I'm ever involved in a shooting.
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Old December 1, 2018, 11:00 AM   #13
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Spats, you could come up with a witty monolog when you "call your lawyer".
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Old December 1, 2018, 11:30 AM   #14
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I carry self defense insurance. There is always an attorney on standby . They hold seminars all the time in various towns. Anyone can go and ask questions.
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Old December 1, 2018, 01:08 PM   #15
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They will, or at least should, take your gun as evidence in the case of a self defense shooting against another person. You should EVENTUALLY get it back assuming no criminal charges are brought against you. . . I've seen it take years.

In the case of shooting an animal, it's going to depend heavily on your state and local laws, the policies of the department, and the circumstances. I honestly can't see a reason they would unless they are going to charge you with a crime, however several department, especially larger ones, have lots of this-one-bad-thing-happened-this-one-time-so-now-we-are-going-to-do-things-this-way-policies. In more urban areas, if the owner of the animal can be identified or was present (ie someones dog breaks off the leash during a walk and attacks you), it's more likely they are going to take your gun. In rural areas, where loose dogs are more common and people occasionally dispatch them in defense of livestock, etc . . .they may not even respond.
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Old December 1, 2018, 01:27 PM   #16
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Quote:
Originally Posted by MarkCO View Post
Spats, you could come up with a witty monolog when you "call your lawyer".
If I were only witty . . . .

In all seriousness, even I have a lawyer other than myself to call if I'm ever involved in a shooting. That person can say anything and everything I need said, and make whatever arguments are necessary, and none of it will be admissible in evidence as an "admission by the defendant."

Back to the original topic, though, there was mention of shooting a coyote. The "decision tree" on whether to take the firearm after shooting a wild animal will be vastly different from the one after shooting a human.
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Old December 1, 2018, 01:37 PM   #17
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If you are going to walk on ice, walk on thick ice.

Quote:
sometimes some bold coyotes
I had a similar problem but it was mostly with dogs. Some were feral and some were not. I contacted the local Sheriff and informed him of this problem. Turns out that we have a local ordinance that stated if confronted with an aggressive dog or Yote, you have a right to defend yourself and others, especially if it's on your property. Also stated that you will be walking on ice and if you walk on ice, better make sure it's thick enough to support you. So it's best to check your local ordinance on this subject. …..

If I had a Yote/Yotes that routinely travel through "my" yard, they won't last long. ……

Be Safe !!!
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Old December 1, 2018, 01:59 PM   #18
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The coyote is far more likely to have 2 legs than it being Wiley. Unless he's ill or you have a little dog with you, you're too big for him to tangle with.
However, the whole thing will depend on local laws. Police don't get to make any kind of ruling though. Isn't their job.
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Old December 1, 2018, 02:24 PM   #19
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Unless he's ill or you have a little dog with you, you're too big for him to tangle with.
But if a 'yote (Wiley) IS bearing down on you and your dog, you better be prepared to shoot it dead before it reaches you. Coyotes that are afflicted with the aggressive strain of rabies are usually determined and focused on one mindset. I am sure the law has riders which give authorizations for deadly force when you are dealing with these kinds of situations.

Besides, rabies vaccinations are not fun. Aggressive raccoon or other critter bearing down on me with determination, especially in daylight? I am shooting to anchor them right then and there.
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Old December 1, 2018, 02:46 PM   #20
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here again we have the hypothetical that can't be answered in any way, with any accuracy. We can't even go to statute, it will start with the witnesses and the person who reported it. We can't rely on statute, cops may ignore the statute.

If we are talking about a shooting of a human I can't even remotely see a situation in which the officer present won't take the gun, a shooting has occurred and no cop will allow evidence in that event to walk back home. Maybe it won't come back.

Shooting a coyote? Why stick around and take the risk?

Some states and municipalities include seizure of the gun as part of the offense, most if not all will leave it to the discretion of the officer on the scene if there is no statute to seize the firearm. Any cop can decide that it's a public nuisance or danger and take the thing.

If you are discreet, the chances are that you'll never be discovered. Leave it where it fell. move on before you are seen. You probably won't be in any worse condition if you do so. Or you can drag it into the weeds, take it home, whatever.

Twenty years ago I had a problem with squirrels at my home, in my attic. The destruction was serious. I was killing them in my yard maybe five or ten a day sometimes. If it was hot and trash day was still a few days off, I'd toss the carcasses on my windshield, and when I reached a convenient spot, toss them into the street with the wipers. One way or another, whether dogs, cats, or crows, the things would disappear before the next morning.
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Old December 1, 2018, 02:55 PM   #21
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For example, I just capped a possum that has been harassing my cat. in a total of about five seconds I popped it and tossed it down the street from my home. I waited an hour, then collected, bagged, and dumped it.

Dead possums on the roadside aren't unusual. Unless there was an actual witness to the shooting who reported exactly what happened, you can almost depend on no police interference. Dead possum, yeah, it's bleeding, someone heard something like a shot, but which of these fifteen houses? The only thing that could be charged here was discharging of a firearm. No criminal charges for killing the pest. Without a completely reliable eyewitness, the charges won't hold for discharging a firearm.
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Old December 2, 2018, 07:03 AM   #22
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Mike Goob...

The Police will usually do what seems to be the same action for one of two reasons.

In a self-defense shooting involving a human attacker, the police will normally 'seize' the weapon as evidence. The term 'seize' is a legal term meaning to 'take' the item or items as long as is needed to determine the exact events of the incident - usually until the trial is over OR the charges are dropped.

The state - not the police - may (commonly will) 'forfeit' a weapon under certain conditions. Forfeit occurs after seizure and is the official decision and act to permanently retain possession of the item. (Doesn't always have to be a firearm.) For instance, if illegal actions are connected with the arm (like cranking off a few rounds in town to celebrate the New Year or armed robbery or the like), the firearm will usually be seized.

Shooting a coyote or mountain lion attacking you or another? Depends on the circumstances. Was the firearm legally possessed? The court could find one was proper in self defense, but was illegal in having the arm in a 'restricted' area.

And of course, this does not address places like New York or PDSR California, who have laws designed to deprive everyone of firearms. Or the police officer who isn't really sure so the officer takes everything just to be sure. Or other extra-legal actions.

The possibilities can be endless.
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Old December 2, 2018, 08:48 AM   #23
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OK had a well publicized case of a lady on 911 while a man was attempting to break into her home. The 911 operator told the lady to do whatever necessary if the subject broke in. Fearing for her baby and herself ,the lady killed the intruder with a single barrel shotgun. The deputies confiscated the lady's shotgun and gave her a new pump shotgun.

This county is larger than the state of Rhode Island. We don't have a dog catcher. Citizens are encouraged to handle dogs that threaten people or livestock. A deputy came by after i killed two large dogs attacking a friends livestock. Neither dog had a collar but both had recently worn collars.

We chatted for a few minutes and the deputy went on his way.
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Old December 2, 2018, 11:10 AM   #24
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Quote:
Originally Posted by Mr. Allen
I carry self defense insurance. There is always an attorney on standby .
Is the program you have really insurance, or is it pre-paid legal services? If there is a monetary judgment against you, does your insurance pay it?

Would you mind telling us which program you use?
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Old December 2, 2018, 11:31 AM   #25
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Maybe I should carry a ruger instead of my sig just in case...
Better yet, a Hi-Point. It'll get the job done, but not likely to "disappear" from an evidence locker!
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