fourtwentytexas
New member
Will ones gun be confiscated after it is used in a justifiable homicide? I would like to know for a fact, preferably from LEO, not just speculation.
Thanks in advance.
Thanks in advance.
Confiscate gun after use?
- Thread starter fourtwentytexas
- Start date
Capt. Charlie
Moderator Emeritus
Confiscation suggests permanently, and that's not the case. The weapon is evidence in a homicide investigation, and if a court rules that it was justified, it would be returned to you, although given the speed at which the wheels of justice turn, that could take awhile.
mikejonestkd
New member
That is something to consider when you decide whether or not to carry an expensive or rare firearm.
I would much rather turn over a glock than a les baer 1911 to the leos for god knows how long. In some cases it could be years before you get it back, and it could have been neglected while in the evidence room.
I would much rather turn over a glock than a les baer 1911 to the leos for god knows how long. In some cases it could be years before you get it back, and it could have been neglected while in the evidence room.
A Lot depends on where you are, and local policies. In Nj for example, (At least in the county I work in) if you use a firearm you lose it. I dont know of Anyone who has gotten their firearm back after a fatal shooting, INCLUDING Leo's. Hell we had a guy dishcharge a round when a BG jumped him that DIDNT hit anything, and we didnt get that gun back until almost 4 years later. Other counties might be different, so YMMV, and i know of some instances in other states where it was a pretty clear-cut self defense matter where the firearm wasnt taken at all.
If there is a criminal investigation your weapon will be held as evidence.
The cost of replacing a Les Baer or Wilson's Combat 1911 because you cannot waite for its return at the conclusion of the investigation is minimal compared to the cost of not performing to your maximum ability when that weapon is needed.
If you own a Les Baer or Wilson then you probalby own more than one handgun anyway...
The cost of replacing a Les Baer or Wilson's Combat 1911 because you cannot waite for its return at the conclusion of the investigation is minimal compared to the cost of not performing to your maximum ability when that weapon is needed.
If you own a Les Baer or Wilson then you probalby own more than one handgun anyway...
Wild Horse
New member
In 1985 my Cousin sat down in the bathtub and pulled the trigger. The muzzle was in her mouth and pointed at the brain stem. It was a clear cut suicide. The pistol was never returned to her husband. (California)
In the late 60's, my Step Father put a pistol to his temple. Mom found him dead in the travel trailer. The pistol was never returned. (Arizona)
In both cases it was clear and evident that suicide was the cause of death.
All property in/on/around the victims was returned EXCEPT the pistols.
Can any of you explain why most property is returned, but not firearms?
I,m just curious.
Thanks
In the late 60's, my Step Father put a pistol to his temple. Mom found him dead in the travel trailer. The pistol was never returned. (Arizona)
In both cases it was clear and evident that suicide was the cause of death.
All property in/on/around the victims was returned EXCEPT the pistols.
Can any of you explain why most property is returned, but not firearms?
I,m just curious.
Thanks
In FL in 1991 I had a buddy buy a S&W Model 19 from a gun shop that had been used in a murder / suicide. The family I believe sold it to be rid of it but they had gotten it back.
I don't know how many people actively pursue getting a fiream back after a suicide and doubt the police would be quick to volunteer it if not asked.
I don't know how many people actively pursue getting a fiream back after a suicide and doubt the police would be quick to volunteer it if not asked.
kickshot85
New member
Yes, and don't count on seeing it again!
My father and god-father were both murdered by the same person, my dad had time to arm himself and fight back, incapacitating the shooter and ending the confrontation, but not before getting fatally shot three times with 00 buckshot. Another one of my uncles was involved in the shootout. This was 14 years ago and all court proceedings finished around seven years ago. Neither of the guns that were used by my dad and uncle were ever returned, my uncle's gun was never fired in the confontation, and when I contacted the Sheriff's office, I was told they had no clue where they were or who I should contact
. So, no, I don't believe that the LE departments usually return these sorts of things.
My father and god-father were both murdered by the same person, my dad had time to arm himself and fight back, incapacitating the shooter and ending the confrontation, but not before getting fatally shot three times with 00 buckshot. Another one of my uncles was involved in the shootout. This was 14 years ago and all court proceedings finished around seven years ago. Neither of the guns that were used by my dad and uncle were ever returned, my uncle's gun was never fired in the confontation, and when I contacted the Sheriff's office, I was told they had no clue where they were or who I should contact
. So, no, I don't believe that the LE departments usually return these sorts of things.How many of the people here who have lost firearms to LEO confiscation have had a lawyer contact the police and file a suit to get the guns reutrned?
It is very easy for the police to hold it as long as it is considerred evidence but after any trial is concluded (or not even held) it is still the private property of the owner or his estate (if he is deceased).
Has anyone contacted the NRA/ILA for legal assistance?
It is very easy for the police to hold it as long as it is considerred evidence but after any trial is concluded (or not even held) it is still the private property of the owner or his estate (if he is deceased).
Has anyone contacted the NRA/ILA for legal assistance?
In most cases I've seen in AK including one I was involved in as an investigating officer, the gun used in a SD shooting will only be taken for the duration of the investigation itself. Once it's deternined that it was a justifiable shoot it's promptly returned to the owner.
What about other guns owned in a justified HD shooting. If I owned more than one, and had to shoot someone kicking my door in, would any others that were owned and stored in my safe at the time also be taken? I've often wondered (since I only own one) what I'd do if I did have to defend myself during the period afterward where I was unarmed.
Double Naught Spy
New member
Confiscated after justified homicide? Since you are in Texas, yes, absolutely. The case will be investigated as a homicide, even if simply to substantiate that the shooting was justified. For example, do the slugs in the deceased actually match the gun from which they were supposedly fired?
In Texas you will get it back in a couple of months. I know this first hand. I'm currently depoyed and while I'm gone I'm keeping some of my guns at my mothers. She used my SP101 and shot a burguler twice and killed him. After the investigation and she was cleared she got it back in 2 months. I still haven't even shot it yet. 
Edward429451
Moderator
Every so often they routinely 'destroy' (divvie up?) the evidence room guns that are not in active cases. They wont call you. If the gun gets taken in for evidence, the first thing you have the Atty do is to file a motion to preserve property, the judge will sign it, and that pretty well covers you. They had a gun of mine (non-homicide) for 3 yrs and after I won finally and called to see when I could pick it up, they "have no record of the gun being here..."
I said oh yeah, I have an order to preserve property signed by a judge so you better look again. "we'll have to call you back". Next day they called and 'found it', which is code talk for they had to contact the officer that they gave/sold it to and have him bring it back in. Poor cop, they jerked his new 45 out from under him, and I got my 'old' one back
It seems to me that most guns are never returned, regardless of why it was taken into custody. In fact the evidence lady was incredulous as she handed it over, saying "
They never give back guns, how did you get them to release it to you..."
I just smiled and said "I told them I was a good guy back on that initial day"
My gun wasn't even evidence in an alleged crime, they just didn't like me having it and wanted to uh, get another gun off the street.
I said oh yeah, I have an order to preserve property signed by a judge so you better look again. "we'll have to call you back". Next day they called and 'found it', which is code talk for they had to contact the officer that they gave/sold it to and have him bring it back in. Poor cop, they jerked his new 45 out from under him, and I got my 'old' one back
It seems to me that most guns are never returned, regardless of why it was taken into custody. In fact the evidence lady was incredulous as she handed it over, saying "
They never give back guns, how did you get them to release it to you..."
I just smiled and said "I told them I was a good guy back on that initial day"
My gun wasn't even evidence in an alleged crime, they just didn't like me having it and wanted to uh, get another gun off the street.
fourtwentytexas
New member
This is what I was affraid of. They would tell me they mysteriously lost it. So I guess I would have to get a "an order to preserve property." Unfortunately I have lost confidence in attorneys and the police in recent years. Why just in the last year I have been the victom of three crimes, ADW, hit and run, and GTA. On all three ocasions the police told me, and I quote, "What do you want me to do about it?" Can you belive this!!
It took me two days to file a report on my stollen truck! On the ADW I was jumped by six gang members in a parking lot. There where two witnesses and the perps where like 30 feet away walking off. The officer told me "What do you want me to do about it? Get outta here or I will arrest you!"
So any-who I feel I can not count on the police to protect me or my home. Thanks guys for your input.
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Edward429451
Moderator
Any time a weapon (or anything really) is taken into police custody, ask for a property receipt. They have to give it to you if you ask and even if you're being arrested. Just slip it into your wallet to be stored with your personals.
Paper trail is your friend. It kind of puts em on notice at the same time, to go by the book. I believe it also shines light on your character, and alludes that you know some things about law, which may be useful. Not a lot of BG's ask for receipts for their confiscations I bet.
Paper trail is your friend. It kind of puts em on notice at the same time, to go by the book. I believe it also shines light on your character, and alludes that you know some things about law, which may be useful. Not a lot of BG's ask for receipts for their confiscations I bet.
This is interesting...
I wonder if I can file a motion to preserve property, after the fact. I had a pistol stolen july 2004.. I went to get a copy of the police report, about 4 months later, and much to my suprise, there was a supplement report attached. Seems my pistol was recovered in a drug bust, the month after it was stolen. Local cops didn't bother to tell me. I've made a bunch of calls, to the cops, the D.A., and the court clerk. The jerk that was caught with it,( a Two time convicted felon), has been tried and found guilty on all charges, EXCEPT, theft and possesion of a firearm by a felon...
At this point, nobody will tell me anything, and nobody at this time, knows where my pistol is...
It will be three years in july. I don't have any hope of seeing this pistol again..
I wonder if I can file a motion to preserve property, after the fact. I had a pistol stolen july 2004.. I went to get a copy of the police report, about 4 months later, and much to my suprise, there was a supplement report attached. Seems my pistol was recovered in a drug bust, the month after it was stolen. Local cops didn't bother to tell me. I've made a bunch of calls, to the cops, the D.A., and the court clerk. The jerk that was caught with it,( a Two time convicted felon), has been tried and found guilty on all charges, EXCEPT, theft and possesion of a firearm by a felon...
At this point, nobody will tell me anything, and nobody at this time, knows where my pistol is...
It will be three years in july. I don't have any hope of seeing this pistol again..