A post-shooting seizure question

[Narragansett]

I doubt that you will get either gun back until the investigation is complete. There is always a question of competency relative to your actions. As long as that question is up in the air, and the investigation is ongoing nobody is going to give you a gun. Just my .02

 

[max503]

It's good to ask these questions. Trouble can happen in the wink of an eye.

I barely made it through highway 270 outside of St. Louis in the middle of the day as a mob came down the embankment to occupy the roadway. This happened during the Michael Brown fiasco a couple years back.

 

[686-380]

I only recommend that you store your competition firearm in its case, in the trunk of your vehicle. Of course, I assume you keep the target weapon unloaded.

The more you can do to make it obvious, it was not involved, the better.

 

[fredj338]

At this point in time, I just wouldn't go anywhere you suspect unrest will be taking place - even if it's not currently a hot spot. It's just not worth it.

I thnk the point is any street could become a place of civil unrest or riot. We all know where the major points are to avoid. The issue is what happens if you just turn down the wrong street into a large protest.

 

[LenS]

My answer here is off topic, so I am asking forgiveness beforehand.

I saw the title of this thread "A post-shooting seizure question" and actually thought you were asking about a person who had a seizure after they had been shooting (like at a range)...

My bad.

I thought the same thing.

I was a cop for 30 yrs and in the situation you outline only the gun used in the SD shooting would be held as evidence. The authorities would not have the legal authority to seize your other guns unless that jurisdiction was a gun free zone.

Not a lawyer, but -

If you're actually arrested, I'd think any firearm in your possession at the time would be seized until things are resolved.

I was a cop in MA for 17 years and my expertise is Mass gun laws. In MA, all guns get confiscated. And in most cases you will be charged and held (no bail) for a "dangerousness hearing" a week or two (maybe longer due to CV-19) later.

 

[usmc2427765]

Since you are on the wrong side of the Mason-Dixon Line, I believe all weapons would be seized from your person and vehicle. My best guess is that you would play hell to get any of them back, lawyers and $$$$$ will be needed.

 

[Doug M.]

What's really stupid is that the firearm is not evidence, and other than a 2 hour exam to confirm it is in proper operating condition, should not be seized. It's pure simple ER 401 stuff.

 

[Oracle]

My answer here is off topic, so I am asking forgiveness beforehand.

I saw the title of this thread "A post-shooting seizure question" and actually thought you were asking about a person who had a seizure after they had been shooting (like at a range)...

My bad.

Me too, lol!

 

[SMSgt]

If the law in New Jersey still stands, many years ago, a friend of mine, in New Jersey, was arrested because his wife called the police and that she was threatened, by her husband. using a shotgun. The Police confiscated all of his guns until the court hearing and the case was dismissed since his wife made the complaint to remove him from the house. Her testimony and her neighbor fabricated the incident and was disclosed while in the court room. The judge adjudicated the husband and she was told to never set foot in his courtroom fabricating a weapons charge on an incent person. His weapons were returned to him by the Police department

Nick

I wouldn't hold my breath waiting for that to happen twice.

 

[Oracle]

I have a possible suggestion for one item. Have your FFL/LGS ship your competition firearm to a FFL/LGS in the competition city then do the same in reverse to your home city.

If you are in transit and end up trapped on the freeway due to a riot it may be better to "Do in Rome as the Romans do". You won't have enough ammunition to shoot your way out and there will be hundreds of "eye witnesses" vowing under oath about the "maniacal gunman".

But... Several years back during the Rodney King riots in LA a trapped truck driver was pulled from his rig and severely beaten including a concrete block to his head as he lay on the road.

Not a good situation at all.

 

[Miami_JBT]

Depends on jurisdiction, local laws, agency policy, state guidelines, the situtation in the actual event that took place, etc....

Buddy of mine in unincorporated Miami Dade County got into a self defense shooting. He was stuffed and cuffed into the back seat of a green and white for a few hours as MDPD figured out what the hell was going on. Eventually they cut him loose and preliminarily ruled it a good shoot. They impounded his gun as evidence.

It sat in state custody for two and a half years as the trial against his attacker moved through the court system.

I've personally never seen a agency not impound a gun as evidence in a shooting in my entire career as law enforcement.

 

[jjfitch]

We're on the same page..

All the circumstances in the OP can vary by state and politics in the jurisdiction. Yes, it matters!

All firearms will be seized in most jurisdictions!

How they are returned depends on charges. A good shoot may require the services of an $800 an hour attorney to get the comp guns returned in a timely manner. (Politics again!)

If charged with a felony good luck with that $800 an hour attorney and your home state firearms and getting any guns returned!

This thread can go on for days as the scenario gets tweaked!

Footnote: I don't recall any firearms used in a felony that were returned to anyone at the very large department I worked for!

Firearms that were seized and not involved in felonies were returned when the owner could be verified! Be sure to have documentation that proves ownership! Billy-Bob could not pick up cousin Phil's Raven 380!

All firearms were run through the stolen property data base for verification. I recall researching a serial number that showed up as stolen property but turned out the stolen property wasn't entered properly (40 foot flatbed trailer!)!

Any firearm with an altered serial number was destroyed. Firearms that were not claimed within a certain period of time were also destroyed! Few departments are "auctioning" firearms anymore.

All the best,

 

[rockquarry]

It's good to be reasonably prepared but not to obsess over something that is far, far less likely to happen than being struck by a car while crossing a street. Virtually no sane person puts much thought into the potential hazards of crossing a street. Instead, they exercise reasonable care when they step into the street.

The well meaning and others can go on lengthy, needless diatribes about gun seizures, self defense, bad neighborhoods, etc., but every situation is different and laws (as well as customary practices) vary from one jurisdiction to another. Maybe it's best to relax and enjoy life as it is.

 

[Doug M.]

But... Several years back during the Rodney King riots in LA a trapped truck driver was pulled from his rig and severely beaten including a concrete block to his head as he lay on the road.

Not a good situation at all.

*
Darned near 30 years ago now. Several lessons there, by the way: vehicle doors should never be unlocked except to pass through them, and frankly, with darned few exceptions this is true of all doors. Any trucking company that does not have that as a rigid policy is stupid, for many reasons.

When I drove OTR, I had someone in a real sketchy area act like they were going to step in front of me. The first thought I had was of Reginald Denny and the brick (wielded by a banger whose street name is now "Little Football" - last I knew he lives in Spokane). It was not going to happen to me. 3 upshifts and the related smoke and he moved. I had the right of weigh. A car is not that big, but beats hell out of a firearm in the force delivered.

You also need to know your path, and avoid anything even close to unknown, let alone sketchy. If you don't absolutely know it is a low risk area, it is high risk. This is especially true with the riots in some cities. If you turn a corner and see something bad, smoke your tires getting out of there with every bit of alacrity of which you are capable. Turn around if you can, back away if you have to.

 

[AZretired]

I know this is an old thread but AZ has an awesome Castle Doctrine. LE needs to be able able to show it was not self defense for you to be charged or any weapon seized. We also have as part of the CD, a Right to Stand Your Ground anywhere you have a legal right to be. They may take your gun temporarily to photograph and record serial numbers but unless charged, you are presumed innocent and your gun will be returned at the scene. At least this is the way it should happen as most AZ LEOs are very pro 2nd Amendment.

Last when you run a serial number you will often get a hit on the number but you need to look at what the serial number relates to. I once ran a revolver and got 2 hits none for a gun( electric drill & a TV).


Sent from my iPhone using Tapatalk

 

[CelticSire]

What an arrest means in terms of the other weapons in the vehicle is that they will be discovered during an inventory search after your vehicle is towed. As part of that inventory search they will be impounded just like your car.

Not intending this to be construed as nitpicking, but there is no such thing as an inventory search. It's either an inventory, which is an administrative procedure as dictated by agency policy, or it's a search, which is covered under the 4th Amendment. It's one or the other, but not both.

 

[biku324]

Not shooting people saves lots of time and money.

 

[Doug M.]

The bad guy gets a vote in that.