kmonroe99
Member
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?
Use it and lose it
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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 . . .
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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.
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.
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
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
Miami_JBT
US Veteran
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.
mckenney99
Member
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.
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.
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Marshal Tom
Member
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.
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.
Old Corp
Member
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.
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.
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
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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.
SAFireman
Member
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.
Don't carry family heirlooms that CANNOT be replaced. Everything else is just a gun.
LoboGunLeather
US Veteran
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.
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.
Triggernosis
Member
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.
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.
mscampbell2734
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I'm going to carry what I carry, I'm not going to bet my life on a cheap ***.
