If in the event you have to use your weapon, are you always required to surrender it? Does each state have it's own laws regarding surrender? Lastly is it unheard of to get the weapon back after it has been decided that it was used lawfully and justifiably? Thank you all in advance, 26

Most often: YES. It is evidence in a criminal investigation. That is not to say the gun owner is a criminal but something caused the shooting, be it a criminal or a criminal action.

Sometimes, the gun will not be taken but the owner advised to be prepared to make it available.

As to getting it back, if you live long enough, you will likely get it back unless you live in a really anti gun area or the authorities find evidence that you do not need the gun.

oldman knows more than I, but I have read a LOT and what I see he is correct. Even with differing state laws, you also have individual states' attorneys who may do things differently withIN a particular state. Ya just never know- Mas Ayoob writes a lot about this after-shoot situation, and he's a great source for reading about it. He cites many examples of cases he actually sat in on.

You can expect it to be seized as evidence and held until the investigation is complete. In the event the police feel it was a justifiable shooting, this will include the prosecuting attorney completing a review of the case file or presenting it to the Grand Jury.

If you live in Pennsylvania, there is case law directing return of the weapon if you are nol-prossed or acquitted.

Evidence storage is highly variable. Even if you get it back doesn't mean it will necessarily be in anything like the condition it was when you last saw it.

I would like to thank all that have replied to my questions, thank you. As always oldman45, your answers are clear and consise. Not only respected by me, but by the other knowledgeable folks here on the forum, thank you all!!! 26Ford

Another factor as to whether you get it back is whether any of the police like it. Many "disappear"--My brother's 41 mag Blackhawk did with Long Beach (CA) Police until we had a L.A. Sheriff Captain step in and help us, then it "magically" appeared again.

After I was deposed (for the fifth time in a few hours) I asked "when can I get my property back?" and got a blank stare.
"It's evidence" was the response.
I got a phone call about nine months later and went and got my pistol. They (NY State Police) denied my claim for them to refinish. My gun had been skipped across the pavement when they arrived on the scene after the event. It was a Sig 220. I sold it a while after. No real reason, just discovered 3rd gen S&Ws.

Good reason to always own a backup or two .... or ten.

I would recommend that one who carries have a spare handgun or several. If you do get it back, it'll be in worse shape that when you surrended it. The police will not maintain it , nor clean any blood off of it, and most likely carve a number or other identifier on it. In this age of video cameras and serial numbers, certainly several dozen photos should get the job done. Once, I recovered a Colt 1911 Gov't combat from some hapless individuals that had stolen it in Alabama after a 30 minute chase here in northern Louisiana. It had not been use in a crime other than being stolen. I cleaned it, oiled it and stored it in our evidence vault. After the vilolators ahd been sent back to Alabama, I contacted the owner of the 1911 to see about returning it to him. He sent me some funds to cover shipping and I sent it to his local PD through my FFL. He called to let me know he had received it and was very thankful. Most evidence officers, though could care less, it's just a thing on the shelf with a tag on it. Bob!

Ask the people in New Orleans who were unconstitutionally disarmed in 2005 how long they're legally owned firearms have been held, missing or lost since they were forced to surrender them right after hurricane Katrina.

Some have never had theirs returned, some simply gave up and the few that did get theirs back, the guns were so deteriorated, marred and rusted from being stored in shipping containers that they were unusable.

Bottom line: If the dreadful day ever arises that you have to use a firearm in self defense, have many more on hand because you'll be at the mercy of the "gun takees" when you get it back. Well, unless you have a fat wallet and hire a high-dollar attorney...which would probably cost more that the gun and/or guns are worth...

I have about $450 into the M&P on my hip. The way I figure, replacing it will be the cheapest part of dealing with an instance where I fire my weapon.

I actually had another gun in my vehicle that night. Random, kindof, because I almost never do that. I often have a shotgun in my car when in NYS, but another handgun is rare for me. Several at home, of course, but home is VA, and NYS requires a supplemental permit for each individual handgun. Tiresome after a while. Carrying fifteen supps in your wallet is tougher than it sounds.

Your'e a good man!

If something works for you, have another identical to it.

In addition to the handguns I always carry, I always carry a police-sized canister of pepper spray.

Not every situation requires a handgun. Even if the bad guy picks up a pipe and threatens you with it (a legal defense use of a handgun in NY), he might back down and call 911. Or a witness might call 911. So even if you are in the right the cops come and they make you fill out a bunch of reports, and they probably will hold your weapon pending the investigation of the incident.

So I will pull my weapon only in the most dire situations. My pepper spray is in my left (weak hand) pocket. I can have both out and decide to drop the pepper spray and two-hand the pistol, or I can zap him with the pepper spray.

The police-sized canisters spray about 12 feet which is a good distance to keep a bad guy at. The key chain ones shoot 6 feet and that is not enough range for safety.

So if I think the pepper spray will resolve the issue I would use it. It eliminates (at the very least) the police reports, and the weapons confiscation. The spray makes the bad guy's face bright orange for several days and that would make cops "interview" him on a regular basis.

If a handgun were the answer for all situations cops would not be issued stun guns, tasers, pepper spray or batons.

And a question: If you are involved in a shooting, will they "hold" your other weapons pending the finish of the investigation?

Poughkeepsie is where I was when the guys at Troop K (NYSP) took custody of my Sig. I did get it back, albeit scratched up. I believe the thinking is "We're holding this gun until the DA decides to not try and prosecute you for a defense shooting".
Troopers were polite and professional by NY standards.

A note on pepper spray: I get sprayed with OC every year, and I supervise 40 more people who also get it every year. None of them were ever NOT able to do serious physical harm under the influence of the nastiest stuff you can shoot in someone's face. I am of the professional opinion that pepper spray and their ilk are more of a liability than an asset, and in fifteen or more cases where it was used on the job, it did exactly the same thing: added OC to the already lovely pile of smells in the patrol car. Never, and I mean NEVER did it stop the threat from anyone.
Tasers, on the other hand.....

If you are involved in a shooting, you need to be aware that you may never get your weapon back. Considering both the appeals process and the various attitudes and mentalities of prosecutors and high ranking police officials, the actual act of returning your gun could be held up "indefinitely."

Considering the above question, I'm not sure that there is a definite answer. When I was involved in an on-duty shooting, nobody thought to ask me if I was carrying a second gun. Frankly, that was the last thing on my mind too. If you are carrying a second gun, I'd say that you can expect that one to be taken as evidence too. Guns that you have at home should be off limits, unless you go home to report your shooting. But that would open up a whole other can of worms too.

Many of us own and carry expensive custom revolvers. I often catch myself thinking that I should start carrying the cheapest, most reliable and effective semiauto that I own, which in my case is a heavily used Glock 21 which has pitting around the firing pin hole. If I have to give up this gun I won't be brokenhearted. The thought of giving up an expensive one-of-a-kind revolver really does not sit well with me.

Dave Sinko

It's actually why I carry a revolver. I figure most cops these days are young and don't care much for them. Makes it more likely to ge the sucker back unmolested. How many 25 year old officers you know look at a model 19 and say "WOW. I have to try and bring that one home!"?

The new issue (Feb '12) of Combat Handguns has another article by Ayoob, in which he again addresses after-shooting protocols. Not much new from HIS previous issues, but- he did talk about this "I"m not saying anything until I talk to my lawyer." His take was you don't simply say NOTHING, you certainly DO SAY "I felt threatened" or 'he attacked me' or SOMEthing indicating it was not your fault, you had to shoot. And then it's "Officer I'll be glad to cooperate fully, but first I'd like to discuss this with my attorney." Thinking is -don't be aggressive and say "I ain't sayin' nuthin without my lawyer" - but being nice, assuring them you aren't being a hard-case, BUT immediately stating your prime defense- "He attacked me so I HAD to shoot."
He gives more examples of cases where the shooting was good, but the shooter STILL suffered consequences. And tells of a legal group- can't remember the looonnng name, but- they will advise you of qualified atty's in your area etc.

A few years ago I was visiting a friend in Colorado. Our discussion got around to home defense. He went into his bedroom and returned with a S&W 357 Mag that he kept under his bed. I almost fainted when I recognized it as a 'Registered Magnum'. His father had been a gunsmith and had purchased the RM for himself. My friend had the original box, papers, receipt and cleaning tools. I advised him as to what he had and told him to go to a Pawn Shop the next day and replace it with a used pistol of his choice. I told him that likely his RM if actually used in a Self Defense shooting would never be returned to him as it probably would be "lost while in evidence". At that time it was worth about $2500. Today it is probably about $5k. I was talking to my friend just last week and he told me the RM was in a Bank's Safety Deposit box. He did purchase a used S&W M 5906 that now resides on the floor under his bed.

For you that are going to ask.....no, I don't remember the RM's number, only that it was in the low 100s. My friend didn't record the RM's number before it went into the SD Box. I have asked him to get it the next time he looks at the RM. ............... Big Cholla

I was walking our two small dogs once, and two large, unleashed dogs were getting too close for comfort and acting very aggressively. Pepper Spray was my only non-lethal weapon at hand (I was also carrying a folding Buck knife and a Walther PPKs), and when the large dogs came in for the attack, I sprayed both of them square in their faces. The spray seemed to confuse, rather than hurt or intimidate the attacking dogs. When they both sat down to lick their faces, we made our escape. I quit carrying Pepper Spray after that incident.

Regards,

Dave

While it's true that most of the younger officers know absolutely nothing about revolvers (or most other firearms, now that I think about it) you can rest assured that somewhere up the chain of command is somebody who DOES know of the value. I have seen some very valuable handguns that were used in various crimes up to and including homicide. They were always stolen, and I doubt that the legal owners ever get them back. When a stolen handgun is recovered, it is the responsibility of the originating agency to remove it from the NCIC. That agency "should" notify the owner that his gun has been recovered, but it doesn't always happen. People move and get lost in the shuffle, and contrary to the beliefs of some, law enforcment does not know EVERYTHING about you, or even how to find you if they do want to return your gun.

Recently a store owner was involved in a rather fascinating shooting. Naturally, his pistol was taken as evidence. I was told to stop by and make frequent checks, because when you shoot armed robbers their friends and family get mad and threaten to kill you in retaliation. The owner was upset not because he was getting death threats, but because he was now unarmed and unable to continue to defend himself. I guess I was supposed to tell him that he has nothing to worry about because we are only a phone call away, but here is a guy who is telling me that he will continue to work to support his family and not go on welfare. He did not have another handgun and buying another was apparently a bit of a financial burden. I had to explain to him that he will not be getting his handgun back any time soon. He was very ignorant of the whole procedure and I did my best to explain to him what he can expect. I can only imagine there are many more people out there just like him.

Dave Sinko

Dave, my hat's off to you. I can't imagine being unarmed again, ever. I lived briefly in Europe and was blown away at the absurdity of the laws there, and was very happy to leave.
My little sister was in Oxford when Cho shot all those kids at Virginia Tech. She called me and said "If he tried that **** with me around, he'd have two barrels of 16 gauge up his nose."
I know a few people who have only one gun, and I remind them of the process:
Cleaning a gun, step one: LOAD ANOTHER GUN

You MAY get it back in time. This is why Col. Cooper recommended having a twin to your carry weapon.

I will agree with those saying to always have another gun you can carry in the event of you carry gun being held in evidence.

However, and just food for thought, can you understand what would happen if fate were against you and you had a second shooting? The media and the D.A. would have a field day.

While I have a few 1911 guns that would replace the one I carry while a shooting was being worked, I have serious doubts that I would carry until things were over. The odds of something happening a second time is really off the charts but I have seen stranger things happen.

Bad things come in threes. NOT having another gun after one is retained by police post-shooting is the same as NOT having had one the first time around.

Yes, you have a 99.99% percent chance that it is going to be seized as evidence...If you are charged, it will be in evidence until the case is dismissed or you are aquitted....if the case is dimisssed, the prosecutor may have grounds for appeal unless it was dismissed by the prosecutor...but if the judge dismissed the case without predjudice, the State can appeal...That may take a month or it may take ten years......if you are aquitted, it should be returned but the State could make a motion to seize it for several reasons.....when I was involved in on duty shootings, even my duty weapons was seized until after a grand jury cleared me.....it stayed in evidence until then and then it took a court order to get it back.....

Always figured it would be kissed goodbye, hence my desire to carry the least expensive, most accurate possible. In my case, it is a Taurus 669 357 Mag that cost me all of $135. I can circumcise a gnat at five paces with the darn thing.

The other big surprise for me has been Makarovs. Very cheap, shoots where I point it and a couple of mags full should shop just about anyone who hasn't been shot in the face with OC...

The thought of losing some of my vault queens is about the only thing I can dream of that would make me cry...

I find it interesting that so many folks place a price on the value of their lives. I figure the only time I will draw my S&W will be if I am in a seriously life threatening situation. If I am alive after the senario, then I figure the handgun saved my life. If the cops/courts/DAs choose to 'steal' my gun, then so be it. It did what I bought it for ... saved my life. Another $1,000 is not easy to come by, but I'm alive and can accumulate another. I do not carry cheap guns, my life depends upon it working.

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Hook686

this past summer at a bbq a rather large dog (found out later it was half wolf or some ****) was lurking around, growling and barking and such. mind you were less than half a mile from a zoo. all the women and kids were scared. later that night my 7 year old niece screams bloody murder comes running around the corner with "wolf dog" on her heels. my sisters boyfriend drew his .45 with a quickness, discharged it twice in double tap fasion killing the dog. He called the cops explained he had discharged is firearm (tacoma Wa) and told them the story. 3 minutes later po po's show up ask for his piece and collect the stories of the adults at the bbq then give him back his firearm and thank him. apparently this dog had attcked a cop before and was owned by a registered sex offender.

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psalm 23:4 cause I'm armed