If you're in a Stand Your Ground or Castle doctrine state, if you use your weapon in self defense, will it always be confiscated? Is it dependent on the circumstances?

That cannot be predicted. It is likely, but not certain, that the firearm will be held until the investigation is completed. The answer to the question is fact and jurisdiction dependent, and may actually vary from shift supervisor to shift supervisor in the same department . . .

__________________
Wisdom comes thru fear . . .

I would say too many variables - big city vs, rural area, the government attorney's bias/philosophy about self-defense incidents, and of course if it was a justified event. Also, I think there is a difference between "held for evidence" and "confiscated", if it comes to that.

__________________
Alan
SWCA LM 2023, SWHF 220

It is quite possible that if you use a firearm in a self-defense situation that it will be held as evidence until the investigation is finished and/or any criminal charges against you are dismissed. Depending upon the situation and the jurisdiction, you might be held as well, until you post bail. This is the world in which we live.

__________________
VCDL, GOA, NRA

Part of what I'm pondering is why carry a Kimber DASA if a used Taurus will go bang? Yes I know why I personally prefer certain makes and calibers but I could probably come up with cheaper options if I was to lose it for a period of time.

Huckleberry Finn once said "You pays yer money and you takes yer choice . . . "

__________________
Wisdom comes thru fear . . .

I'd imagine if no charges whatsoever are filed against the shooter they would not seize the weapon. Charges filed against the shooter, even "procedural" and they would. Joe

__________________
Wisdom chases me; I'm faster

Why drive a nice car when a beat up of piece of junk will get you where you are going? Why wear nice clothes when shabby clothes will keep you from getting arrested for indecent exposure? Why have a nice house when all you really need is a place too sleep that is warm and dry? Larry

Depends on the jurisdiction and agency policy. Down in unincorporated Miami-Dade County, buddy of mine got into a shooting on Turkey Day of all days. MDPD detained him and confiscated the firearm as they did their on scene investigation. They determined it was a good shoot so he was released that night. But the gun was logged as evidence for the trial against the attacker that he shot. It took about three years of legal circus acts until he got his gun back.

In Hialeah, another guy I know got into a shooting. HPD did the same deal as MDPD, except at the end of it all. They handed him back his gun.

Same judicial circuit but different police agencies doing the investigation.

__________________
GOA FL Dir. & Nat. Spokesman

No matter the circumstances, if you have shot someone, that firearm WILL be seized as evidence at least until the investigation is complete. If the investigating officer doesn't seize the firearm, he is negligent in his responsibility. Evidence not seized initially is either lost all together or compromised at best.
Will you ever get you firearm back? Depends completely on the jurisdiction where the shooting occurred. Some agencies will even fight court orders to return a firearm.

Police Officers document and collect the physical evidence (your gun, ammo, spent cases, bullets, blood, fingerprints, gunshot residue, possibly your clothing), they should take statements from any witnesses (that includes you if you do not avail yourself of consulting an attorney, huge mistake). If the investigating authority does not do all or most of the above they are negligent.

Point of clarification: In all jurisdictions that I am aware of, the police do not make the decision to criminally charge someone for Felony level crimes, they may arrest you and hold you until the decision is made by someone higher up the prosecution food chain to formally charge you. In most jurisdiction the decision to formally charge someone is made either by the Prosecutor (or equivalent) or the case would be taken directly to a Grand Jury.

I was working as a security officer at a fancy resort in Western Colorado in 2017 and was involved in a shooting with a crazy guy who I would term an active shooter. We got a call that he had pointed his guns at several people and had fired at passing cars. He put a .44 mag through the front of my security Jeep, missing me by 18 inches or so. Long story short, I kept him pinned down behind a big cottonwood tree for 48 minutes until the Sheriff's Dept. arrived on scene.
I had several guns in my vehicle because I did a shooting program for the guests at the resort in addition to my security position and often took my own personal weapons for guests/students to look at and try out while conducting the shooting program. Although no one was shot, the Sheriff's Dept. seized all my weapons initially along with both of our security vehicles although the other one was not hit. They gave my other guns back within a week or ten days but kept my AR-15 for eight months until the case was disposed of and the guy took a plea.
For many years while in LE, I carried a very expensive custom 1911 and often thought about it being seized had I been involved in a shooting. I did it anyway.

A topic I've seen discussed in other forums and places.

My take - and worth your investment, is that if you are placed in a circumstance that involves your having to use deadly force, that your life will have taken on complications to the extent that an expensive piece of hardware you owned and used that is currently residing in an evidence room will have little import in the grand scheme of things.

__________________
Ret'd LEO
SWCA #2275

Cheap brake pads work, and sometimes cheap guns do to. If I ever need to use it my 325 being tied up in court for the process won't mean squat if, me and mine are still around

Even if they do take an expensive firearm that was used in SD/HD - who really cares if it truly saved your life or that of a loved one. A gun can be replaced - a life can not! Presumably it would be returned after the investigation and if you were deemed justified in shooting. Worst case scenario even if it weren't returned - get another one.

If you survived the incident....why care about a gun? If you were wrong, you go to prison and lose the gun. If you are right, you lived, and you are free, the gun coming back is gravy

Don't carry family heirlooms that CANNOT be replaced. Everything else is just a gun.

__________________
On the Oak Savannah

Confiscation means a permanent seizure of property.

Generally speaking, any unattended death will be treated as a homicide until or unless proven otherwise (generally requiring an adjudication by either a coroner, grand jury, or judge, depending on jurisdiction) and any gunshot wound will be treated as an assault until or unless proven otherwise. Any weapon reasonably believed to have been involved in such incidents may be taken into custody pending resolution of the matter, either via investigation or adjudication.

Once a case has been ruled upon and no criminal charges are brought any items of physical evidence in custody may be released to the proper owners.

The above is how things are generally supposed to work. There are those jurisdictions or officials who may tromp all over individual property rights given any opportunity, and violent deaths or grievous injuries provide plenty of opportunities.

I know of jurisdictions in which the standard practice when releasing a firearm is forcing the owner to provide documentation of ownership (sales receipts, etc), and I know of many cases in which valuable firearms have been returned with investigating officers' initials, dates, case numbers, etc, carved or engraved into them (not great for subsequent value). There are also courts that may require owners to file civil actions in court for recovery of property, all done in proper form and at individual expense, of course.

The only time a firearm should be confiscated is upon a court order following adjudication of a criminal case.

Why does it matter? Don't worry about a $500-$1,500 gun when your legal fees will probably be $50,000 or more.

If I had a registered magnum I wouldn’t carry it. I have many $500-$1000 options. If your gun is confiscated, remember it probably won’t be in a Sherpa case locked in a humidity and temperature controlled environment. Like your safe.

__________________
SWCA 3255 SWHF 615

Have no issue losing a 'premium' handgun if it saves my life, regardless of cost. And if involved in a self defense shooting off property, the value of the handgun will be a fraction of the likely attorney fees to defend that shooting in court.

I'm going to carry what I carry, I'm not going to bet my life on a cheap ***.

As other are saying, regardless of the circumstances, your firearm will be seized as evidence until the investigation is complete, and may be held as evidence even further if lawsuits are filed against you afterwards, so you could be without your firearm for some time.
In addition, under certain circumstances your firearm may be stamped/etched with a case number, and the firearm will no be looked after for the duration of it's stay in evidence lockup, meaning it may very likely come back to you with a bit of rust, especially if it got blood on it during the shooting.

This is the reason why I choose to carry firearms which are inexpensive, easily replaced, with as little sentimental value attached to them as possible, and with a corrosion-resistant material/finish such as Stainless Steel/FNC. Elitist Snobs will look down upon those who carry a Hi-Point, Sigma, or other such inexpensive "tupperware guns" while boasting about how they carry a Kimber Eclipse Custom II, SIG P22X Equinox, or other such fancy firearms, but unless they've got money to burn and zero emotional attachment to their carry gun, they'll be singing a different tune when it gets held as evidence for years then comes back to them all rusted with a case number crudely etched into it.

__________________
Shooting Comfort is bilateral.

Agree with most above, you will lose it to evidence for at least the time of investigation. So one is none, you need at least two SD guns. Its also the reason I choose to generally carry a glock. Easy to replace & no emotinal ties like carrying my dads gun or such.

__________________
NRA Cert. Inst. IDPA CSO

I read somewhere that concealed carry weapons taken by law enforcement as evidence will be subjected to a "CSI" procedure of being exposed to heated cyanoacrylate fumes to reveal fingerprints. When the weapon is returned it will be exactly as it was upon completion of the investigation.

I would rather clean the weapon than place trust in a cheap piece of junk.

__________________
U.S. Coast Guard, retired CPO

If I am alive after a defensive shooting I won't give a batter-dipped, deep-fried **** about the status of my gun.

__________________
Music/Sports/Beer fan

A little O/T, but still own what was once my issued duty S&W M66 4" used in my first OIS way back in 1982.
It was in evidence for almost a year pending investigations by our IAU, our state agency (NC SBI) as well as FBI.

When I finally got it the primary IA Investigator's initials, date and the case number were electro-penciled on the grip frame.
I was a little peeved, but now look on it in a different light.

That revolver saved my bacon, and my belief is I was placed there for a reason.

__________________
Ret'd LEO
SWCA #2275

Are you saying a glock or m&p is "cheap piece of junk"?

__________________
NRA Cert. Inst. IDPA CSO

I got lucky with mine.

The NC State Bureau of Investigation Special Agent took it from me and gave me a receipt for it. He kept it in his custody and took it to the lab and stayed with it while it was test fired. About two weeks later he returned it to me without any marks. He said he did not have to mark it as it stayed in his custody and control the entire time. Back then SBI Agents were allowed to keep evidence in their offices and did not have to turn it in to a central evidence storage.

When it was returned I was asked if I wanted to keep it or get a new gun. I told the Deputy Director that I knew that one worked and I would keep it.

__________________
Bill

Whether charges are filed at the time of the incident or after a discussion with the local prosecutor or after presenting the incident to a grand jury - your firearm will always be taken as evidence for any potential forthcoming charges. Not to seize the firearm would be nonfeasance / dereliction of duty. The police do not have the authority to make a (no charge) decision on a felony. If the prosecutor deems the act was in accordance with law, your firearm may / will be returned. If a civil case is filed prior to the weapon’s return, the weapon may / will be held by authorities.

__________________
S&W factory revolver armorer

If you obsess over such matters, and it seems many do, you probably should rethink the whole concealed carry thing.

If you have to use your Weapon, Quoting Ayoob
"In the Gravest Extreme" The value of the Weapon employed would be the Least of your Worries. My Life is worth much more than my Kimber K6S EDC.

Fortunately, I have never been involved in a self defense shooting, and hopefully, I never will be. That being said, I have come to the realization that if I am unfortunate enough to be involved in a SD/HD shooting, two things most likely will occur:
1) being disabled and unable to move fast, I will probably draw fire, and
2) I will most likely lose that firearm for some period of time.

As long as I am not on a slab in a morgue, I will be accepting of the reality that I may not see my handgun for a while (or ever again).

__________________
Judge control not gun control!

If my rear end depends on a firearm, I want to carry the top of the line.

If push comes to shove. I want to have whatever gets me home in one piece. Be it a ten thousand dollar Wilson master grade or a cheap S&W M&P. If the LEOs cleaning up afterwards want to hang on to it then so be it. If I go home without bleeding too much and all of my loved ones do the same. I am not going to sweat it. Just sayin!

I see mention of “family heirloom”, “sentimental value” and “emotional ties”. I am glad I see it as a firearm, a tool to be used like the hammers I had when a carpenter. If it gets taken, and I am alive and free, it can be replaced.

Kevin

__________________
Unshared knowledge is wasted.

Depending on your location if the shoot ain't really really good there is a good chance they could come empty your entire safe till its all over anyway. Might as well have a good gun in your hand to start with.

Not carrying a decent gun you like because something might happen is like not driving your car because you might have a wreck. Your far and away more apt to be in a car wreck than any kind of gun fight. Your car might be in the body shop for a while and you might have to drive a clunk.. Life goes on

What happens to your gun will be the least of your concerns.

just taking a guess here but I would say 90% of the time your gun is going with them along with you.
I helped a woman who shot at an intruder in her house, (she missed multiple times) gun was taken as evidence. we at that time had a 3 day waiting period to buy a new gun. the gun she used was her only meaning now she was unarmed. She was worried about the intruder coming back because he was afraid she might be able to ID him. Offered here one of mine until her 3 day cooling off period had ended so she could pick her new gun up. she declined and stayed with a friend until she could get her new gun. Funny thing, offered her some free instruction and she turned that down too.
Another case involved a guy who took out 2 guys with shotguns in an Aldie store, he was cleared and the shoot was justified they took his gun and had to pay an attorney lots of money to get his $500.00 gun back.
So I say yes you will more than likely loose it, but ask yourself whats your life worth if it only worth $500.00 don't carry a $600.00 gun.

Our policy was (I retired in ‘97) was to hold the weapon until released by the prosecutors’ office. Sometimes the owner had to notify us b/c it got forgotten in the press of other cases we were working.

__________________
Old Cop
LEO (Ret.)

I always just look at this as a justification for a carrying a cheap they were going to carry anyway.

__________________
“What you got, ain’t new.”

Keep one thing in mind. When the police get there, they see the guy who was shot, and you, the shooter. That's where they start. You'll be taken into custody and your weapon will be confiscated. What happens after that depends on the local authorities and the skill of your attorney.

An area trainer I respect frequently reminds subscribers to obtain a duplicate of the carry gun. IF it's taken into evidence, stolen, damaged, or has a breakdown...

one is none and two is one.

If I have learned anything from my time here it is that the vast majority of members here have a big steel box filled with replacements.

__________________
Music/Sports/Beer fan

Yeah, but I’m gonna need a commercial diver to find mine . . .

__________________
Wisdom comes thru fear . . .

I'd never let this concern dictate my choices. I carry what I like and can't worry about "what if". It's a precision tool, enjoy and appreciate it - don't let these things rule your choices. It's also replaceable even if such a thing were to happen.

Pretty much sums up my attitude as well. Guns can be replaced, lives can't, especially your own.

Rob

Not shooting people is nearly always the best course of action.

If someone ends up dying because an individual legally used their firearm, the firearm will be retained as evidence until all legal proceedings are finished. There always is an exception I guess.

I would plan on it being held for at least a little while. That’s why I try to have two of my carry guns.

__________________
“Look life in its iron face”

I don't care what other people carry but for me I quit playing with plastic guns when I was 12 yrs. old and got a real gun that still shoots real bullets. Larry

MDPD seized my buddy's G23 from his shooting and he was the victim. It was still seized as evidence.

__________________
GOA FL Dir. & Nat. Spokesman