Carry "Lesser" Gun Due to Potential LE Confiscation...

Status
Not open for further replies.
I think Sgt127 was just showing off his guns :D

For me, the inhibiting factor is concealment. I carry a "lesser" gun (Kahr CW9) due to concealment. If I had my way about it, I'd carry my S&W 686 4"bbl, but it's just too darn big to conceal here in sunny California - especially this winter, where it's been nothing but short-sleeve weather so far.

Of course, If I really had my way about it, this and all states would be open carry. But that's another thread.
 
+1 ^

If involved in a shooting, whether justified or not, the confiscation of your firearm is going to be the least of your worries. Hopefully, if the shooting is ruled justified, you'll get your firearm back in a timely manner. It will be good if you do . . . you'll probably need it to pawn to pay for attorney fees to defend you in the civil suit brought by the family/heirs of the perp . . . who was either the above mentioned "altar boy" or the next in line for "Pope".
 
Anyone here ACTUALLY been sued after a self defense shooting, or are we just repeating what we see on the internet? :rolleyes: Not saying it NEVER happens, but in reality, has it happened to ANY of the people on this forum, or anyone that anyone knows PERSONALLY who was involved in a justifiable self defense shooting? Give witness!
 
I think Sgt127 was just showing off his guns
Click to expand...

A little...but I just needed something to really make a point. Nice guns are expensive, and, generally worth the money.

Some guns are just too over the top either through sentimental reasons or collector value, to be a good choice as a carry gun.

Either the engraved Walther or the UHP 357 would certainly be viable defense guns (well, the Walther is a .32, so marginal) but why would one carry one of those when an equal gun would certainly be just as good.
 
"Either the engraved Walther or the UHP 357 would certainly be viable defense guns (well, the Walther is a .32, so marginal) but why would one carry one of those when an equal gun would certainly be just as good?" ........................................................................................... .................................................................................... I'm thinking style, panache, pride of ownership, you only live once, etc. Patton had his guns. Certain western personalities, Texas Rangers, and many "gun" people have chosen ornate guns as carry pieces. Thanks God we live in a land where personal choice still lives, if only a little.:)
 
Civil tort is a nightmare that usually begins about three years after the incident. I got a free lawyer as I work for the State, but it still is an ordeal. The depositions, meetings and stress takes a toll on you. Your life is taken apart piece by piece with request for paperwork such as any training you've received, transcripts, property and other assets. There will be a lean placed on your home and anything else you own. Your line of credit will be frozen. Then there is the Court ordered documentation you must provide. If you ever applied to college for your kids and did financial aid then think of a tort as ten fold in paperwork and running around. I had to fight the insurance company not to settle out of Court. You can't blame the insurance company as in my case we won but they probably could have spent less money in lawyer fees by settling quickly. In a civilian case it would be your home owners insurance. If the insurance company settles they drop you and you have to pay huge for any future insurance. The problem with civil cases is lawyers offer to do it for free and will only get paid if successful. The family does not have to pony up any start up money at all. The process can wear you down.
 
I read and hear more people of late saying that they carry a gun that is not perhaps their most capable piece but a Less Expensive firearm instead...Of course, the argument here is why would one carry their higher-end HK, SIG, Ruger, S&W, Colt etc. as their primary CCW (even though they feel it would be a better choice "in a perfect world" when needed in a life or death situation) when there exists a possibility said gun could potentially be confiscated by LE for evidence while the shooting is being investigated.
Click to expand...

A couple thoughts here:

  1. defensive gun uses are comparatively rare. You personally in your life are unlikely to have one.
  2. If you do, you want it to work

Together, these lead me to say, carry the best you have, that has no historical or sentimental value. If it ends up held as evidence, then go to your cheap gun.

(This from a guy that will probably carry that most plebian of firearms, the Charter Undercover, when permits start trickling out here in Illinois, in mid spring.)
 
Last edited:
Firearms care; PDs....

There are a few sub-topics flowing thru this subject but I'll cover a few;
As for real court actions or lethal force events, Id suggest reviewing some of the articles/cases done by Massad Ayoob, www.MassadAyoobgroup.com . Ayoob has spent decades teaching lethal force tactics & doing criminal-civil court trials, many times defending good guys & gals(both sworn LE & armed citizens).
As for the condition of a firearm used as evidence or as part of a court trial, I would not plan on it being treated well or properly cared for.
:mad:
An active duty US military service member who's 1911 series .45acp was seized by cops in Washington DC got the pistol back covered in scuffs & with a evidence/serial # engraved on it. :eek:
He sued the DC Metro police over it.
In closing, Id advise any armed citizens or license holders(armed security, CCW, etc) to use weapons that are stainless steel, treated(Black T, NP3+, Metalife, Melonite, etc) or designed for rough elements. A "safe queen" or prized possession will get banged up, nicked, stamped or have the action breached open with a zip-tie, etc.
Some handguns & weapons are returned quickly to the owners after lethal force events. I've even read of one PD who even returned the spent cases to the gun owner. ;)
 
Excellent feedback with comments both anticipated as well as unanticipated (including many variables I personally had never considered).
 
Last edited:
I am one of those who cautions about carrying a very expensive or irreplaceable gun for self defense for exactly that reason. When police secure a scene, anyone with a gun had better be willing to drop it without concern about its value. Also, guns taken by the police as "evidence" are often never returned to their owners.

But that is not the same advising anyone to carry an unreliable or "less effective" handgun. Sometimes it is the opposite, and a valuable or heirloom gun is less reliable or effective than a modern weapon with no collector or sentimental interest. And dollar value is not the same as reliability; engraving and gold inlays don't make a pistol more accurate or more reliable.

Also, there are some folks who have responded that they would never drop or give up their guns because of extensive engraving or sentimental value, thinking that could be very dangerous if faced with armed police.

Jim
 
Anyone here ACTUALLY been sued after a self defense shooting, or are we just repeating what we see on the internet? Not saying it NEVER happens, but in reality, has it happened to ANY of the people on this forum, or anyone that anyone knows PERSONALLY who was involved in a justifiable self defense shooting? Give witness!
Click to expand...

My understanding here in Florida is the a perps family does not have the right to sue you if you legally used force.


Now back on the topic. When I had my class for my CCW license they stressed not to purchase a firearm that you could not afford to live without for your CCW firearm. Because of the fact that it will be confiscated and held during the investigation of any shooting.

They do stress that what ever you purchase you need to practice with it every time you go to the range. Because you need to be as good with it as you are with your more expensive firearms.

I carry a Ruger SP101 chambered for .357 Magnum with a 2.25" barrel. I can shoot this gun as well as any of my other guns. I practice with this gun every week when I go to the range.
 
James K
In 1995 two police officers in my State left Court and were considered off duty on their way home. They stopped at a 99 Restaurant outside their jurisdiction. One officer carried his issued Beretta 92 and the other didn't. While sitting there having lunch there was a table of five across from them, all mafia. Two hitman came in and executed all but one at the table. The two officers gave chase and subdued them in the parking lot at gunpoint. Boston PD arrived and drew down on them. The one off duty officer armed refused to drop his firearm. I spoke with all involved and the BPD officer said he should have shot him for not dropping it, (action vs reaction as we are taught.) The off duty officer had good reason for not dropping it (armed murderer at his feet) but the he was still lucky he wasn't fired upon. The officer who wasn't armed will not take his trash out to the curb without a gun to this day! Like you said you have to drop the gun quickly. There is so much to think about when your brain is already scrambled from the traumatic event.
 
Sometimes guns in crimes can be held during the entire appeals process. Completely based on whims of the DA. This of course can be well over 2 years on average. This is why I have several Glocks, an M&P, a few J frame 38s, a couple beater pump guns with 00 and slugs. They're tools that WORK. Then if course there ARE the range and match toys :)

Kinda get a bit tickled by those who drop a pile of money in one tacticool piece with no conception of this or any other legalities of force for that matter.
 
Kinda get a bit tickled by those who drop a pile of money in one tacticool piece with no conception of this or any other legalities of force for that matter.
Click to expand...

Isn't it an erroneous assumption that those who carry high-end pieces don't know about the legalities? If I shoot a $5,000 1911 better than a $500 M&P, I'll carry the 1911. My life is worth the $4,500, even with evidence locker treatment considered. They can toss a Wilson CQB in the lake for all I care, if it saved me.

My carry piece costs $289 at Bud's, so I have no dog in the fight, I just think it's a silly fight in the first place.
 
Hi, Noreaster,

In DC some years ago, a police officer responded to an armed robbery call and saw what he thought was a criminal fleeing the scene. He called on the man to drop the gun he was carrying. The man simply looked at the cop and ignored the command; the officer fired and fatally wounded the other man.

The other man was an undercover cop, chasing the real robber; in a dying statement, he said that he had heard the command "Police - drop the gun", but didn't think it was intended for him, since he was a cop. The police adopted a more rigid identification system, but it shows how "edgy" police are when responding to a report of a "man with a gun" and why any armed citizen needs to understand that and obey an officer's command instantly, without any hesitation about getting a nice gun dirty or scratched up.

Jim
 
I've thought about the risk of my gun getting banged up while I'm carrying it - and thus I wouldn't carry an ornate gun. But I've never worried about what would happen to it while in police custody if I ever had to use it.
It doesn't seem like any gun would even register as an issue in that scenario.
 
Luckily there’s only been one instance that I had to pull a gun on another person. He had stolen my neighbor’s car the night before. I was getting gas when the man pulled into the same gas station with the car. Only 3 blocks from our homes.
I confronted him and showed the gun I had in my hand and walked him into the store.
I told the clerk that he had stolen the car outside and to call the police. I then had him set in a booth they had and held him there. When the thief started giving me some trouble another man in the store helped me watch over him.
Within several minutes 4 police cars showed up and several each entered the two doors and commanded me to drop the gun, they had theirs drawn.
I didn’t drop it but laid it on the floor.
Once they found out what had happened they treated me great.
The only time in the entire incident that I was scared was when I was talking to one of the officers and he said that the store owner called said that there was a man in the store that had a gun and was going to rob the store.
Do what a police officer tells you to do. His life is tough enough already. IF you think your life is worth more than a nick on a gun.
 
in my opinion there are 3 types of guns. first is a paper weight, there are not to many of these thankfully. second is guns that are reasonably priced that work. these guns often take a lot of flack from the gun snobs who say they can't possibly work because it cost less than mine. finally there are the high dollar guns. usually they don't work any better than the reasonably priced guns but the owners get to brag about how expensive they were.

I don't have any custom guns but I do own colts, s&w's, rugers, etc and they work fine and so do my Taurus, rossi's ubertis, and other lesser known guns.
 
Status
Not open for further replies.
Back
Top