Do police confiscate guns in every case of defensive handgun use?

In Pennsylvania we have a group of laws designed to protect individuals and provide guidance for court/ law enforcement. The Castle doctrine law, and stand your ground law in Pennsylvania are there for this purpose.

However, in order to determine whether the shooting was justified or not.. (when its a human target.) There needs to be an investigation. There have been cases where Someone defended their home from an intruder and they were never arrested or had their weapons confiscated. Much of that depends on the officer's understanding of what happened. It is basically at his discretion. In most cases the firearm is returned when charges are dropped. If someone invades your dwelling, and means harm to you. Or is reasonably suspected to mean harm to you or your family. You are covered by PA law. They don't have to attack you.

Also as far as animals go the same applies. Obviously animal life is not held to the same eminence as human life, but you do need to show discretion. even without a firearm you can be charged with a crime.

When I was 17 I was walking down the street in my home town in late afternoon. A german shepard came right out of his yard and bit into my leg. He bit me hard enough for several of his teeth to make it to the bone in my leg.. I punched that dog square in the head. He let go of my leg and was going to attack me again. I reared back and kicked that dog just as hard as I could in the ribs. Presumably breaking some of his ribs. The dog yelped, walked back into his yard and died right there.

The dog's owner went bat poop crazy and called the police. I waited there for the officer to come. He asked her what happened and asked me what happened. I explained the situation and he said that he felt as though I was justified in killing that animal.

The lady was angry and tried to have me arrested and complained to the cop for not doing his job after I killed her BABY.... The officer told me I was free to go, And told her to if she didn't want to have dogs that were friendly that it was best to keep them on a leash.

Even Police get put on suspension and have to hand in their weapon after shooting a suspect. A few years ago the local policeman responded to a domestic call. There was a man going out of his gord and was going to kill his girlfriend. The officer shot him dead.

From what I understand, the officer was suspended pending an investigation and some counseling.... He was returned to duty sometime later and his pistol was returned. I ran into him about a year later at a gun shop when I was looking for a new carry gun. I saw he was carrying a S&W MP and asked him how he felt about it as a carry weapon. He said... "It saved my life last year."

In my particular area, you may not be arrested or have your firearm confiscated. Its pretty rural where I live. I would always assume that if its a human life you take. You will be arrested and you will have your firearm confiscated. However that is not the case every single time
 
Yes. Cops equate "gun" with "crime" most of the time. It's an old school police academy teaching that needs to be done with already.

You will get held at gun point, a knee in your back, handcuffed, searched, and ID'ed in most cases if you have just shot and killed someone. Self defense in our minds is still a homicide, regardless.

Then if things aren't clear enough your taken into questioning either at the station or the back of the squad car depending. By one, two, or three officers to see if the stories match each time.

Your gun is taken away 99.9% of the time. It's nearly impossible to get back. It can take as fast as 6 months to a year. Or as long as never. And when you get it back it's engraved with a serial number from the department's evidence roster.

That's after you're cleared of criminal and civil charges.

Then you could have the internal struggle of second guessing. So it's a crappy situation all around.


The best gun fight is the one we avoid.
Little dramatic, don't you think? If LEO called to my house at 2am, and walk in to find gun on table, bad guy laying on floor, me in my jammies, hands up..don't think it'll be 'knee in back, handcuffed' gig..
Confiscate gun, probably. Me go down to station for a statement? Undoubtedly. Investigation, most assuredly but I really doubt I would be arrested. Never happened to me..probably never will..

Avoid if possible but.....Break in when you are home in middle of the night..how many here have a 'night stand' gun for this very reason? It's not there to brandish, but use. YMMV and all that.
Colorado's “Make My Day” law gives gun owners the right to shoot and kill an intruder in self-defense if they believe the person intends to commit a crime and use physical force, “no matter how slight.” ... Under the law, fists can be deemed deadly weapons that justify shooting.
 
If I were in involved in a shooting, the last thing I would worry about is my gun.

But, I would be worried about having all my guns seized pending the court outcome, and assuming I was justified, what is required to get back all of my guns.
 
Good thread. To answer on this, I'd say make sure you don't have much upgrades on it or upgrades at all on the one that you'd be using. I have a couple close friends that are police officers and detectives here in Las Vegas, NV. They say, any upgraded firearm they will do best to try to confiscate for sure. Such as questioning as to why you have those upgrades done on it and such. Etc... Again, that's what they've told me. So please don't bash me on it guys. That's sort of why I keep my CCW EDC fire-arm stock.
 
Defensive shooting involving a person, gun will always be taken as evidence. Some anti-gun jurisdictions, like Cook County, Illinois, routinely ordered "C & D" (confiscate and destroy) in any gun case, even if the charges were dismissed. Some of these ended up in the hands of judges, bailiffs or court clerks. One bailiff was actually caught illegally selling them back to the gangs out of his garage.
 
There was a case where a man, Spencer Newcomer, killed a man in self-defense OUTSIDE of his home. He was charged with murder, the police got a warrant and seized ALL of his guns from INSIDE the home.

Part 1: https://armedcitizensnetwork.org/en/anatomy-of-a-self-defense-shooting
Part 2: https://armedcitizensnetwork.org/en/the-anatomy-of-a-self-defense-shooting-pt-2

I don't quite see the point of getting a cheap gun to save your more expensive one from confiscation. If you spend a bit more to get the best self-defense gun you can afford that fits your needs, having it stuck in a safe when a deadly force event occurs kind of defeats its purpose. In that case, why not just buy the cheaper gun and not spend the money on the more expensive one?
 
[QUOTEIn that case, why not just buy the cheaper gun and not spend the money on the more expensive one?][/QUOTE] Several years ago, someone here (forgive me for not remembering who and giving proper credit) said about a holster "Go ahead and buy a $20.00 motorcycle helmet if you think you have a $20.00 head." Seems the same thought process applies here with firearms. A $1200 firearm for one guy may be a minor purchase , while for me- I have to study and plan very carefully for a $500 purchase.
 
"Go ahead and buy a $20.00 motorcycle helmet if you think you have a $20.00 head."
The differences are the '$20 motorcycle helmet', has still been tested and passed the same test that the $200 helmet passed..Saying a more expensive helmet is automatically more safe isn't true..As a matter of fact, a cheaper helmet 'may' be more protective since it's probably heavier..

BUT a $1000 handgun isn't automatically twice as 'good' as a $500 one..
 
I'd still ruther have a $200 warm and fuzzy feeling and piece of mind than a $20 warm and fuzzy and piece of mind. Might just be a matter of what makes one sleep better at night.
 
Police record and collect evidence.

Any concern expressed over the potential of a firearm being seized following a self defense shooting is rather misplaced in my opinion. Could it happen? Sure. Am I going to carry anything less than what I feel is my best option for personal self defense? Nope.

I would hate to lose or damage my BHP due to it sitting in a police evidence locker for who knows how long but its not going to cause me to stop carrying it. I am good with it, I trust it and find myself rather accustom to its particular nuances. That is the primary consideration, not the potential for loss.
 
I shot a deer illegally with a glock (I'd hit it with my truck and it back was broken)
And I've shot a falcon I found in the side of the road that was alive but couldn't move. My guess is it had been hit as well.

Both times I called local dispatch and told them. Both times they acted like I was bothering them and they couldn't have cared less.
 
This might sound a little obnoxious but one time I acquired a nice Colt .45 Commander to carry off duty from a misdemeanor defendant. I wrote the guy a ticket for carrying it illegally (loaded and concealed in the glove box of his car) and asked the court to award it to the police department for off duty officer carry. It didn't make the weapon mine but it allowed for me to carry and use it. I gave it back to the department when I retired.

In retrospect it was a rather crappy thing to do to the guy that I now rather regret.

Although I did really like the pistol but for when the firing pin would flatten out and create malfunctions.
 
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