Self defense: you used it, now you lost it

shamus005 · December 18, 2005, 05:14 PM

You had to use your firearm in a defensive capacity. The cops will confiscate the weapon as evidence. Assuming that the legal stuff goes your way, when do you get your weapon back after a defensive shooting? Anyone have experience or knowledge on this?

Marky · December 18, 2005, 05:36 PM

I dont know, I mean if it was determined that a actual crime was committed by the bad guy and not you I dont know why/if they would confiscate it, unless they figure that they needed to do ballistics or something to it. I dont know why they would waste all of that time and stuff just to determine that the bullitt that dropped the guy came from that gun.

Steve in PA · December 18, 2005, 05:42 PM

In every shooting, the firearm used, or suspected to be used is taken for evidence. This happens to both LEOs and non-LEOs. They want scientific evidence that firearm "A", fired bullet "B" which struck and killed person "C".

Just because a firearm is found at the scene of a shooting, does not mean that firearm was the one used.

When the case is over, fully investigated, no criminal charges against the shooter, the firearm should be returned to the owner. How this is done may vary from state to state.

Marky · December 18, 2005, 05:47 PM

Is that true even if its an obvious self-def sit. in front of a bunch of witnesses? If so its probably just standard procedure in any gun related crime/fatality i would think.

**Capt. Charlie** · December 18, 2005, 06:18 PM

Better question for Legal & Political, methinks. Moved there.

RickD · December 18, 2005, 08:42 PM

As I have seen repeatedly, if one were to use a gun in self defense and the crook caught, the gun would remain in the evidence locker until the crook was convicted or acquitted.

Rick

Topthis · December 19, 2005, 06:27 AM

A friend of mine had his .357 wheelie stolen from his home a few years back, he reported it of course. He got a call from the Police informing him that his stolen gun was recovered, but was used in a crime, so it is 2 years later and he still hasn't gotten the thing back...he has given up on calling and getting the run around for the thing. The same friend used his Beretta 96f in a SD shooting at his home, the Police confiscated the weapon. He had to wait until after the court date to get his weapon back...then about a week later his house got broken into again and the burglars stole it, 2 Glock 23c's and an old "beat to hell" Ruger P90, they were all locked up in a small closet safe, how the heck they were able to carry it out and into any vehicle without the neighbors noticing is still troubling, I suspect his neighbors. I told him to stop buying guns, because he is only succeeding in arming all the criminals...seriously!!

dolanp · December 19, 2005, 01:00 PM

Yeah they'll give it back to you after you're cleared... with all kinds of beauty scratches and possible etching as well! Or so I've heard...

azredhawk44 · December 19, 2005, 01:32 PM

Quote:

Yeah they'll give it back to you after you're cleared... with all kinds of beauty scratches and possible etching as well! Or so I've heard...

I've heard that they hire Walruses to sit on them, then they hose them off with special police-department issued saltwater hoses that draw their water from a special secret underground sea that is based 666 miles underneath the pentagon. After that, Sarah Brady gets to come by and paint them all pink. The police then put approximately 25,000 rounds thru them (enough for the powder to rot the pink paint off), hose them off with more special pentagram/pentagon salt water, and then return them to the owner.

OneInTheChamber · December 21, 2005, 05:13 PM

I'm gonna steal a line from mastercard here.

Glock 17: $525
Box of 124 gr. +P: $12
2 extra mags: $34

Living to see tomorrow: Priceless.

I'd don't care, take the thing. I'll want it back, but atleast I'm alive. If you think you need to have back up guns ready for when they take your first, you live a paranoid life. I feel sorry for you, cause you need to relax and enjoy life. (assuming you don't live in Compton or something; and if you do, i don't blame you for having lots of back up guns!)

Chase

rangermonroe · December 21, 2005, 05:40 PM

AZredhawk44....You heard that too?

One of my good friends had a run in with the ATF. He had a sten parts kit that he hadn't "gotten around to " welding the barrel. Or cutting the ejection port.

Long story short...illeagle MG mfr, pos, intent..etc. Seize all guns in the house...including SIG 220.

FFW 10 yrs...acquitted. ATF returned the 220 is pristine shape, but still wouldn't let go of the sten parts... so he could finaly weld that BBL.

progunner1957 · December 21, 2005, 05:49 PM

Quote:

Yeah they'll give it back to you after you're cleared... with all kinds of beauty scratches and possible etching as well! Or so I've heard...

If the police trash your gun, I would think you could sue the dept. for replacement cost - can anyone here that is an attorney comment on that?

I guess that's why they say, "Python, Ed Brown, Les Baer: The guns you show to your friends. Glock: The gun you show to your enemies."

December 18, 2005, 05:14 PM	#1
shamus005 Senior Member Join Date: October 2, 2005 Posts: 526	Self defense: you used it, now you lost it You had to use your firearm in a defensive capacity. The cops will confiscate the weapon as evidence. Assuming that the legal stuff goes your way, when do you get your weapon back after a defensive shooting? Anyone have experience or knowledge on this?

December 18, 2005, 05:36 PM	#2
Marky Junior member Join Date: November 28, 2005 Location: HUNTINGTON, W.VA. Posts: 325	what about firearm? I dont know, I mean if it was determined that a actual crime was committed by the bad guy and not you I dont know why/if they would confiscate it, unless they figure that they needed to do ballistics or something to it. I dont know why they would waste all of that time and stuff just to determine that the bullitt that dropped the guy came from that gun.

December 18, 2005, 05:42 PM	#3
Steve in PA Senior Member Join Date: October 14, 1999 Location: Northeastern PA Posts: 727	In every shooting, the firearm used, or suspected to be used is taken for evidence. This happens to both LEOs and non-LEOs. They want scientific evidence that firearm "A", fired bullet "B" which struck and killed person "C". Just because a firearm is found at the scene of a shooting, does not mean that firearm was the one used. When the case is over, fully investigated, no criminal charges against the shooter, the firearm should be returned to the owner. How this is done may vary from state to state. __________________ Steve

December 18, 2005, 05:47 PM	#4
Marky Junior member Join Date: November 28, 2005 Location: HUNTINGTON, W.VA. Posts: 325	to steve Is that true even if its an obvious self-def sit. in front of a bunch of witnesses? If so its probably just standard procedure in any gun related crime/fatality i would think.

December 18, 2005, 06:18 PM	#5
Capt. Charlie Staff Join Date: March 24, 2005 Location: Steubenville, OH Posts: 4,446	Better question for Legal & Political, methinks. Moved there. __________________ TFL Members are ambassadors to the world for firearm owners. What kind of ambassador does *your* post make *you?* I train in earnest, to do the things that I pray in earnest, I'll never have to do. --Capt. Charlie

December 18, 2005, 08:42 PM	#6
RickD Junior member Join Date: November 19, 1999 Location: Arizona Posts: 1,920	As I have seen repeatedly, if one were to use a gun in self defense and the crook caught, the gun would remain in the evidence locker until the crook was convicted or acquitted. Rick

December 19, 2005, 06:27 AM	#7
Topthis Senior Member Join Date: January 7, 2005 Posts: 863	A friend of mine had his .357 wheelie stolen from his home a few years back, he reported it of course. He got a call from the Police informing him that his stolen gun was recovered, but was used in a crime, so it is 2 years later and he still hasn't gotten the thing back...he has given up on calling and getting the run around for the thing. The same friend used his Beretta 96f in a SD shooting at his home, the Police confiscated the weapon. He had to wait until after the court date to get his weapon back...then about a week later his house got broken into again and the burglars stole it, 2 Glock 23c's and an old "beat to hell" Ruger P90, they were all locked up in a small closet safe, how the heck they were able to carry it out and into any vehicle without the neighbors noticing is still troubling, I suspect his neighbors. I told him to stop buying guns, because he is only succeeding in arming all the criminals...seriously!!

December 19, 2005, 01:00 PM	#8
dolanp Senior Member Join Date: February 27, 2005 Location: North Texas Posts: 371	Yeah they'll give it back to you after you're cleared... with all kinds of beauty scratches and possible etching as well! Or so I've heard...

December 21, 2005, 05:13 PM	#10
OneInTheChamber Senior Member Join Date: December 12, 2005 Posts: 789	I'm gonna steal a line from mastercard here. Glock 17: $525 Box of 124 gr. +P: $12 2 extra mags: $34 Living to see tomorrow: Priceless. I'd don't care, take the thing. I'll want it back, but atleast I'm alive. If you think you need to have back up guns ready for when they take your first, you live a paranoid life. I feel sorry for you, cause you need to relax and enjoy life. (assuming you don't live in Compton or something; and if you do, i don't blame you for having lots of back up guns!) Chase __________________ Insert witty, comical, and/or significant quote here.

December 21, 2005, 05:40 PM	#11
rangermonroe Senior Member Join Date: January 27, 2005 Location: savannah Posts: 758	AZredhawk44....You heard that too? One of my good friends had a run in with the ATF. He had a sten parts kit that he hadn't "gotten around to " welding the barrel. Or cutting the ejection port. Long story short...illeagle MG mfr, pos, intent..etc. Seize all guns in the house...including SIG 220. FFW 10 yrs...acquitted. ATF returned the 220 is pristine shape, but still wouldn't let go of the sten parts... so he could finaly weld that BBL.

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