Firearm seizure

geetarman · January 17, 2015, 12:28 PM

I have a question concerning firearm seizure by authorities.

If for example, a person commits suicide with a firearm and the firearm is recovered at the scene, do the authorities have the legal right to search for and seize any other firearms the person might own?

Under what theory might that occur?

kilimanjaro · January 17, 2015, 06:54 PM

Wow. 'Public Safety', for one pretext, or perhaps probable cause there are stolen firearms. Other that that, a gun-hating prosecutor or corrupt police comes to mind.

I would expect a signed and detailed receipt for guns removed to prevent theft, and return as soon as an executor or spouse can demand their return.

RJay · January 17, 2015, 07:45 PM

Maybe it was suicide, or perhaps it was murder made to look like suicide? When a death occurs with out a doctor present ( I believe in some states any death out side of a licensed facility such as a hospice or hospital ) it has to be investigated .. The police are just gathers of evidence, they don't decide if the glove fits. I know it seems heavy handed and I personally dislike the practice, but we have to face the facts, a gun shot death occurred, the police have to treat it as a crime scene.

**Tom Servo** · January 17, 2015, 09:17 PM

It's a really broad question, and the answer will be dependent on the circumstances.

RJay is correct about it being a crime scene. I know of one suicide on a public range in which bystanders were detained and questioned. Their guns were examined because the angle at which the bullet hit the wall suggested the fatal shot may have come from another stall.

Nobody's going to say for sure that it's a suicide until other possibilities have been eliminated.

JayPee · January 18, 2015, 10:21 PM

Geetarman, I think we're into an area where you'll find some variation in law and custom from state to state, so I think a valid and precise answer to your question must come from the laws of your particular state.

January 17, 2015, 12:28 PM	#1
geetarman Senior Member Join Date: November 18, 2009 Location: Arizona Posts: 3,157	Firearm seizure I have a question concerning firearm seizure by authorities. If for example, a person commits suicide with a firearm and the firearm is recovered at the scene, do the authorities have the legal right to search for and seize any other firearms the person might own? Under what theory might that occur? __________________ Geetarman Carpe Cerveza

January 17, 2015, 07:45 PM	#3
RJay Senior Member Join Date: November 2, 2005 Location: Arizona Posts: 1,936	Maybe it was suicide, or perhaps it was murder made to look like suicide? When a death occurs with out a doctor present ( I believe in some states any death out side of a licensed facility such as a hospice or hospital ) it has to be investigated .. The police are just gathers of evidence, they don't decide if the glove fits. I know it seems heavy handed and I personally dislike the practice, but we have to face the facts, a gun shot death occurred, the police have to treat it as a crime scene. __________________ Ron James

January 17, 2015, 09:17 PM	#4
Tom Servo Staff Join Date: September 27, 2008 Location: Foothills of the Appalachians Posts: 13,059	It's a really broad question, and the answer will be dependent on the circumstances. RJay is correct about it being a crime scene. I know of one suicide on a public range in which bystanders were detained and questioned. Their guns were examined because the angle at which the bullet hit the wall suggested the fatal shot may have come from another stall. Nobody's going to say for sure that it's a suicide until other possibilities have been eliminated. __________________ Sometimes it’s nice not to destroy the world for a change. --Randall Munroe

January 17, 2015, 06:54 PM	#2
kilimanjaro Senior Member Join Date: November 23, 2009 Posts: 3,963	Wow. 'Public Safety', for one pretext, or perhaps probable cause there are stolen firearms. Other that that, a gun-hating prosecutor or corrupt police comes to mind. I would expect a signed and detailed receipt for guns removed to prevent theft, and return as soon as an executor or spouse can demand their return.

January 18, 2015, 10:21 PM	#5
JayPee Member Join Date: February 4, 2011 Posts: 58	Geetarman, I think we're into an area where you'll find some variation in law and custom from state to state, so I think a valid and precise answer to your question must come from the laws of your particular state.