The evidence locker

Police department procedure is based on individual officers, carring out thier supervisors orders, based on policies written by the police administration, with an eye toward local politics, the desires of the State's Attorneys who will prosecute cases, and hopefully founded upon a clear understanding of the law as written by the State Legislature.

So, how many times or places can this go sideways? Different jurisdictions have different Customs and Political realities. Different persons in the process have thier own values and opininions. Some involved may have more discretion than others.

I personally know of two fairly similar cases in which a homeowner used deadly force against persons who had effected felonious unlawful entry into the homeowners residence late at night. In case one the decedant was in violation of a lawful restraining order. In case two the decedant had outstanding felony warrants and had just been released from custody. In both cases the homeowner stated that they awoke to the sound of the break-in, armed themselves, confroned the unlawful intruder and fatally shot same. Apples to apples except grown in different jurisdictions.

Case one, investigators photographed the firearm used, homeowner kept the gun. Case two, investigators not only siezed the .38 snubby used, but a .22 rifle and a 12 guage shotgun owned by the homeowner (and conviently resistered with the State.)

Neither homeowner was charged, neither was sued in Civil Court (case one was barred legally, perp in case two had nobody who would admidt to being related to him).

I know about case two because the homeowner grew up with someone who was related to a cop, and two years later he wanted his snubby back (the rifle and shotgun were returned about six months after the incident.
 
The most valuable weapon in my safe is probably worth $2,000-$3,000.

If l thought someone was about to crash through my door, and I thought that gun gave me the best chance for survival, that's what would be in my hand. I probably spent at least 5x the value of that gun in my most recent cardiac event.

Going back to the beater car analogy: with ABS breaks, airbags, crunch zones, etc, you are FAR more likely to avoid or survive an accident in a modern vehicle than a 198x beater.

If you shoot a Kel-tec the best, carry it.
If you shoot a Les Baer 1911 the best, carry it.

For home defense, you can have your cake and eat it too.
An inexpensive Mossberg shotgun is going to beat the priciest of handguns.

Unless it's purely a collectible, what's the point of having a fancy handgun designed for combat if you're not going to use it for its intended purpose?
 
Based on my own experience of having a pistol locked up in the Evidence room for 18 months and in being the supervisor of the Evidence Custodian for many years I can say this:

If you involved in a shooting expect to have the gun used in police custody until after all legal proceeding are complete. In my jurisdiction we did not just show up at your house and confiscate all your guns just because you were arrested for a felony. A Court Order would be obtained first. We would then show up with gun boxes and all firearms would be properly boxed for storage. Our evidence room was climate controlled so no guns rusted, ever. My department owned Sig P220 was in the evidence room for 18 months. The City Attorney would not release it after a Grand Jury No Bill, but rather waited until after the inevitable law suit was over. It was no sweat off my back that it took so long but I wanted it back. It saved my life and I now had an attachment to it.

I wouldn't have thought that would be a city attorney's call, unless it was evidence in the civil suit.

Did the department issue another one, or expect you to go naked for a year and a half?
 
I have personally been a 'witness' in two cases which IMHO the State of New York's ONLY evidence of Arson was that the property owner profited financially from a fire. (State lost both cases.)
 
If, heaven forbid, I ever had to shoot someone in self defense whatever happened to the gun would be the absolute least of my concerns.
I would consider that it performed its function and was expendable.
All the high dollar stuff we expended in the Army deadened me for this sort of thing.
 
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I think some folks are just looking at the link, not reading the article, and missing the "?" in the title.

The good Sheriff does not subscribe to the "carry a cheap gun in case you shoot somebody 'cause you'll never see it again and if you do it will be a rusted hulk with initials scratched in it and the bore plugged with Cheetos" theory of gun selection.

He says carry what you like. If its a good shooting, you'll get it back. If not, it will be the absolute least of your worries.

I had to carry the same gun for 25 years. Now, one of the benefits of my munificent retirement package is the freedom to carry whatever I want. So I do. I'm pretty sure I'm done with shooting people, but if the stars mis-align and I am in that position, I want a gun I like and I have confidence in. It might be a cheapo, but probably not.
 
I suppose if you don't break the law then you have nothing to fear. If you conceal carry know the laws where you are. If you are in your house know your states laws regarding Home defense. The laws are written to protect you. Know them don't fear them.

My .02¢
 
It may be a good idea to own a second identical gun to your CCW because if you use the one you are carrying, the cops will likely take it. Then you can at least arm yourself in case the perp gets out of jail, has buddies that want to kill you, etc.

Having an identical one means you're not transitioning to something new in the middle of all the post-shooting chaos. Your holster will fit, you have spare mags, ammo, and already know how it works. You don't need the hassle of trying to buy a new gun to protect yourself while your's is locked up. You don't need the hassle of trying to learn a new gun or check how reliable a new gun is at a time like that.

If you carry a M&P, Glock, whatever, own two of them. Identical would be best, but as long as it's close enough it will work. For example, there's not really going to be a huge difference between a Commander and a Government Model to matter, or a Glock 19 and Glock 17.
 
It may be a good idea to own a second identical gun to your CCW because if you use the one you are carrying, the cops will likely take it. Then you can at least arm yourself in case the perp gets out of jail, has buddies that want to kill you, etc.

Spend hundreds of dollars for insurance against a 0.00025 percent chance.
 
So what is the 0.00025 percent chance you are referring to?

The chance of a gun owner having to actually shoot someone.

Guns are used for defense millions of times without shots being fired.
 
The chance of a gun owner having to actually shoot someone.

Guns are used for defense millions of times without shots being fired.

That's immaterial to this thread though.

This thread is about what happens when there are shots fired and your gun is taken in as evidence. So the stats you cite are pointless because that threshold has already been crossed.

It doesn't matter how many millions of times a gun is used in defense and not fired, nor does it matter what the stats are on gun usage. The given of the topic is that you have already shot and the gun is taken in evidence.

Once your gun is taken, you are now unarmed.

I think the post-shooting time period is the wrong time to try to arm yourself all over again.
 
The given of the topic is that you have already shot and the gun is taken in evidence.

Wut?

The thread is Sheriff's Tips: Don't Buy Expensive Defense Guns?

It's about buying and carrying, not about 'already shot and the gun is taken in evidence.'

Where'd you even get that?

The answer to the sheriff's question is, "Don't worry about it."

Several comments foment paranoia.

In fact, the sheriffs answer is:

'Does this mean that you need to run out and spend $3,000 to $4,000, or more, for a super custom gun? Absolutely not. But you should buy and carry the best quality handgun that you can possibly afford. That is just as important as getting the best defensive training that you can afford.

When the lives of you and your family are at stake, going cheap is just not really a good idea.'

He agrees with me, but for a different reason. He says it's your life we're talking about. I say there is virtually no chance you are going to have to shoot somebody.

Carry what you like. And don't worry about it.
 
I carry what I like, and what works well(reliable). When I park my 9 year old ford explorer in the grocery store parking lot next to the 2018 porsche...."I say to myself, thats a nice porsche, I'd be afraid to park it here and get it dented by shopping carts". The owner of that car probably likes the car alot, but isn't afraid to use it and show it off....same with guns, if you can afford a les baer or nighthawk custom, then go for it!
 
Lots of good comments here. My primary carry gun was always my service weapon because our department always issued another if i used it. Now retired, i carry the same as i was issued, glocks and j frames, excellent weapons for that purpose. If i have to defend myself with my late father's heirloom hand ejector coming home from the range, I will be glad if and when I prevail. If I don't, I won't know. When they take it for evidence and I am still here, I am comforted by the fact that I did as my father taught me and grateful for the gift of the gun. Sorry for being long winded. I love my guns, but I love what they protect far, far more.
 
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