Even LEO's that are involved in a shooting have their gun held as part of the case evidence. If you fire your gun and don't hit anybody, it will most likely be taken for evidence. If your gun goes to a state lab for testing it will most likely have a lab number etched on the gun. The way it is and a reason not to carry a gun that is very valuable or irreplaceable. On the other hand, if your gun saved your life, it did it's job and is worth the cost of replacement.
Confiscation after a shooting?
- Thread starter Trailryder50
- Start date
Maybe so it all states list all guns on a permit. But all states aren't like NY.
My .40 S&W Shield was returned to me three weeks after the police collected it from me. The police charged me with discharge firearm within city limits. It was a clear cut immediate self defense case involving a notorious four-legged threat on the street in front of a notorious residence occupied by a notorious repeat offender. No charge, case dismissed, wait two weeks for whatever lame reason to get my property back. I clearly, concretely informed the police that the next time I will call them after I have secured my firearm in my safe and after I have made my phone calls. Instead of calling them immediately and being severely inconvenienced as a result.
Glad and relieved to see this topic discussed with serious considerations. On a thread here a couple of years ago , I brought up the practice of not EDC an expensive collectable firearm for the very reasons mentioned here. I was a alone in that most everyone wanted to carry their most expensive weapon they owned believing that there would be no legal aftermath in a righteous shooting.Thanks for starting this thread.
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I think it is best to assume that in any shooting, alleged brandishing, or accidental exposure without a License to Carry that the police will impound your gun until a DA determines whether to prosecute or not. If you are not prosecuted you best hope that the PD evidence room will be able to,locate it after months or even years later.
Beyond the criminal aspects, in this state, the "issuing officer" in our case the county judge, can revoke or amend your pistol permit at his discretion. You don't need a criminal conviction for him to determine that you a person unfit to carry or possess a handgun.
He has denied people for juvenile actions, scofflaws, DUIs or constantly finding themselves the subject of "law enforcement intervention."
ColbyBruce
Member
My fourth Glock 19, I took it to the factory for night sights and a physical on 3/25/13 and sold it to another customer who expressed an interest in owning a Gen. 2 Glock 19 by waving five Benjamin's in my face.
The man moved to NC in 2/16 and had his wallet, laptop, phone and this stolen as he was unloading his U-HAUL. He emailed me wanting the serial number for the police report. I had to get the shop I purchased it from to send me a copy of the 4473, I sent that and a bill of sale to him.
Two weeks later a thief was caught in a nearby jurisdiction walking through a home as people were moving in. The thief had my old Glock on him. A search of his apartment turned up the computer and phone and wallet. That agency photographed everything and my guy got his things back.
BTW, I purchased this gun one day after leaving the courtroom for one of the many trips I had to make for the case concerning my stolen Glock.
The man moved to NC in 2/16 and had his wallet, laptop, phone and this stolen as he was unloading his U-HAUL. He emailed me wanting the serial number for the police report. I had to get the shop I purchased it from to send me a copy of the 4473, I sent that and a bill of sale to him.
Two weeks later a thief was caught in a nearby jurisdiction walking through a home as people were moving in. The thief had my old Glock on him. A search of his apartment turned up the computer and phone and wallet. That agency photographed everything and my guy got his things back.
BTW, I purchased this gun one day after leaving the courtroom for one of the many trips I had to make for the case concerning my stolen Glock.
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My fourth Glock 19, I took it to the factory for night sights and a physical on 3/25/13 and sold it to another customer who expressed an interest in owning a Gen. 2 Glock 19 by waving five Benjamin's in my face.
The man moved to NC in 2/16 and had his wallet, laptop, phone and this stolen as he was unloading his U-HAUL. He emailed me wanting the serial number for the police report. I had to get the shop I purchased it from to send me a copy of the 4473, I sent that and a bill of sale to him.
Two weeks later a thief was caught in a nearby jurisdiction walking through a home as people were moving in. The thief had my old Glock on him. A search of his apartment turned up the computer and phone and wallet. That agency photographed everything and my guy got his things back.
Good deed on your part to go to the trouble to get the info. We must always do what we can to catch the bad guys who use guns for crime. I hate to say that there are some folks in this world who would see what us did as a nuisance not to be done.
If you are either not charged or exonerated after being charged, you'll get it back, provided you remain otherwise eligible to receive a firearm. Around here, after a case in which a gun was seized is concluded or refused, the county prosecutor will notify the seizing agency whether or not the gun is able to be returned to the owner. It helps if you actually go to the department after the conclusion of the case and ask for it, because release of evidence isn't a high priority. Lots of other things to do . . .
Around here, the AUSA who does most of the gun and violent stuff will not release the gun to a family member, unless it was actually the family member's gun that the defendant happened to be carrying. As such, almost all of them head to the bandsaw or foundry . . .
TomkinsSP
Member
I can just picture investigators in certain places taking three years or so to determine if your 03A3, Nylon 66, Chief Special or 1911A1 put those 9 holes in the intruder instead of the Mossberg you said you used.
In law enforcement, we call the spent casings in the cylinder or on the floor "clues . . . "
So if someone is pulled over for drunk driving, is the car impounded? and if they plead/convicted is the car then destroyed? cars can be used to kill people also!
cmort666
Member
That's what's called an "unlawful taking".
If you LET your rights be violated, they will be.
Assuming I was totally correct and justified in using any of my firearms in self-defense.
My main concern would be how my firearm was marked to identify it, in court if necessary, and how it was stored. I always used the firearms "factory" applied serial number in my report writing and booking of evidence. Never had anyone question that practice. But, not everyone used the same method.
My current ready revolver is a finished challenged 2 ½" model 19-2. As much as I would hate to lose this one it would be less painful then losing one of the others.
My main concern would be how my firearm was marked to identify it, in court if necessary, and how it was stored. I always used the firearms "factory" applied serial number in my report writing and booking of evidence. Never had anyone question that practice. But, not everyone used the same method.
My current ready revolver is a finished challenged 2 ½" model 19-2. As much as I would hate to lose this one it would be less painful then losing one of the others.
TomkinsSP
Member
Ah, but the progressive supporter of the first and third thru twenty-seventh just wants to be sure.
cmort666
Member
If I use deadly force to thwart one robbery, why should I just roll over for another?
SailDesign
Member
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That was my immediate thought. If you're worried about losing it if you use it, then why bother to carry in the first place?
sigp220.45
US Veteran
In this case the gun was mostly a prop he wore with his uniform while he emptied the ATM. He confessed and a plea was a foregone conclusion so we never charged anything to do with the gun.
Anything where the gun was actually used went to the big chipper. Luckily I was in Indian Country so that usually meant a Marlin Model 60 or Mossberg 500.
