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Old November 30, 2012, 10:44 PM   #1
Join Date: November 8, 2012
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Home is where your stuff is ?

Say if a average homeowner is in a self-defense scenario inside the boundaries of the outer threshold barriers of his Own Home and the bad guy is shot dead justifibly . Does the home owner defending himself just have to hand over his expensive gun to the police because they have the power. Or can the homeowner ask the policeman to get a warrant because he feels the cop might lie then take his gun and report it as lost or stolen in police custody. Would you give your gun to a cop without taking a photograph of him and his badge number and officers name holding your gun with its serial number showing ? Or could you just ask him for a search warrant in the first place cause its your gun ? And you don't want risking your gun being lost. Anyhow I heard of some cops that have confiscated stashes of over 100's of peoples guns and don't ever give them back to the real owner. And that sounds like theft to me. Just hearing that makes my stomach turn. Anyone here with any decent advice on this rarely asked question ? Last thing if you know he's taking your gun and before he gets it you ask him when will I get my gun back and if the cop says I don't know? then I think citizens should say you need a search warrant if you don't know when your giving me my gun back . Thanks.

Last edited by rayway; November 30, 2012 at 11:32 PM.
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Old November 30, 2012, 10:49 PM   #2
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Your gun will be confiscated as evidence by the police. You can do nothing about it. Get a lawyer, as you will be viewed as a suspect until proven not guilty.

The gun is the least of your worries. Be prepared to potentially spend thousands, tens of thousands or more depending how they view the scenario.

Of course the laws of your state will have a lot of bearing.
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Old November 30, 2012, 10:59 PM   #3
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The gun will be taken by the police as evidence, the first officer will login the weapons S/N#, his supervisor will login S/N. The first Detective on the scene will login the S/N.............and again up the line. The last thing the police want is a missing gun at trial or a miss typed S/N.

At least that's what my wife went through.
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Last edited by egor20; November 30, 2012 at 11:11 PM.
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Old November 30, 2012, 11:06 PM   #4
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The police will confiscate the gun used in the shooting this we know. op wants to know will they conciscate all the rest of your guns too. curious about this myself it seems to me if they can take the rest of them as well then they can just snatch anything they like in your house and call it "evidence" never to be returned.
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Old December 3, 2012, 10:13 AM   #5
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and remember you are not saying anything or agreeing to a search until you talk to your lawyer!
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Old December 3, 2012, 10:18 AM   #6
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Some departments will return a crime gun with no hassle. Some will fight you all the way. Pretty much depends on the Chief.
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Old December 3, 2012, 11:40 AM   #7
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if you are involved in a self defense shooting then you are obilgated but law to surrender the weapon involved however, you are not required to hand over your entire collection and you do have the right to require a warrant for any guns not used in the altercation. there are always going to be a couple dirty cops and bad depts but the vast majority of law enforcement officers are decent people. it is the same in any public service field where you wear a uniform. in my Navy days all it took was a couple idiots out getting drunk, raising hell and getting arrested by the local authorities to get entire port cities declared off limits to the entire US navy as a liberty port. stationed in the Hampton Roads area of Virginia my ship had a mandatory community service day at least once to twice a year where we went out and cleaned up parks, schools, restored historical buildings, worked in soup kitchens mentored young children and when you have 3,000+ people doing all of those things then you can bet that those effects were seen all over town but did that ever make the headlines? no, but some retard from our ship who was caught with 200 pounds of marijuana in his trunk sure did.

public officials especially those sworn to serve and protect are held to higher standards and all it takes is one person who doesn't take his oath of service seriously to completely destroy an entire department's reputation.
ignore my complete lack of capitalization. I still have no problem correcting your grammar.
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Old December 3, 2012, 01:57 PM   #8
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If I were involved in a self defense shooting, the last thing I'm worried about is the police losing or stealing the gun.

One, if they're investigating a crime, the last thing they want is to lose evidence- it could cost them a conviction. They're not going to lose it.

Two, the $1000 it might cost to replace a handgun is far less than the cost of a good attorney or prison.
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