Gun confiscation after self defense.

H

HoraceHogsnort

New member
I live in the PRC and I'm curious about how the police handle gun confiscation after a legitimate SD shoot. I'm not talking about the gun actually used in the shooting, I'm talk'n about all the guns in one's gun safe. Do they force the home owner to open his safe and then confiscate all of them too?
 
I was always curious about this too and could never get a decisive answer. Big reason I bought a Glock, if I have to defend myself I dont want my Sig or Kahr sitting in an evidence locker for what could be a very long time. But since I never found out for all I know they may take them all.
 
Here in Texas it varies by county if they even take the one in the shooting I've noticed. When my mother had a shooting in her house (burgler broke in) they took the gun she used (which was my SP101) but didn't even look in my safe. I was depolyed at the time, but she did get my gun back after about 3 weeks when they cleared the shooting.
 
This is a great question. I hope it draws more responses from around the country. I wonder if anyone has challenged such confiscation. Wouldn't the gun owner actually have to be charged with a crime (indicted) in order for the police to hold the weapon?
 
if you are involved in a shooting and your gun is confiscated, can you go out and buy another gun the next day?
 
I depends on the jurisdiction, in most cases it will be held for evidence until the case is cleared. In some places they will hold all weapons you have. As you may have to wate to re-arm ,or may not have money, have a spare. When buying a gun for defense buy two just alike, this way you will be fully tuned to it and all items will fit. As punks have punk friends and family, now is not the time to be unarmed. As police may search your house and seize all weapons, hide it well and where you can reach it quickly.
 
If they follow the rules...

The should only take the gun involved in the shooting (because it is evidence), but this may not happen if they are convinced the shooting was proper, or an accident. They may take the gun as evidence, even if they are convinced the shooting was ok, as it is procedure.

They should not take any guns not involved in the shooting, as they are not evidence. However, some jurisdictions look at it differently, using the shooting to justify taking all your guns because, since you were involved in a shooting you might be a danger to yourself or others, and they can't have you armed, until they figure out if you are a danger or not.

If you are legally cleared of any charges, they must return you rproperty to you, but be prepared to wait, and wait, and maybe find your guns damaged (scratched/dinged/even rusted) by the time you get them back. In some places it has taken court orders to get guns back. One jurisdiction I heard of some years back (in CA) flat out refused to return guns, even with a court order! They kept (and destroyed) the guns, and cut the owner a check, instead.
 
Actually, other guns could be taken as evidence because, until the medical examiner is finished, all anyone has to go on as far as what gun was used in the shooting is likely the word of the one or ones involved in it.

Personally I do not like the idea of anything being taken away, and if it has to be, prefer it is just the gun that is admitted to being used. But I can begrudgingly see the other side of the argument.
 
I think that a mistake that some make is over-cooperating. Someone here posted that the police emptied his safe. How did they get in the safe? I know that without a warrant I'm not going to give them the combination. If they want to try and move an 800lb safe.... well that's their problem. But let's go beyond that. How did the police locate the safe to begin with? Lawyers please correct me but I think that if the dead perp is in the living room they may only search the immediate area - not your entire house unless you foolishly give permission.

The gentleman that reported a few weeks ago that after an altercation that happened outside of his home the police came and took all of his guns had to have over-cooperated. In that case I would step outside locking the door behind me and explain that I wanted an attorney before making a statement.

If in a situation where I had to defend myself in my living room every door would be closed and my attorney called before the police arrived. Police: "may we take a look in these rooms?" Me: "No sir." If they search without permission and say "Please open the safe." My response will be "do you have a warrant?" If the answer is no then I will respectfully decline.

I am not an attorney and would never advise others, I'm merely stating how I would handle the situation.
 
First and foremost - I'm not a lawyer and don't play one on TV. :cool:

When the PD does their investigation, they want to establish the relative truth of your statements and the facts that can be uncovered. They'll want to know if and/or how you knew the suspect, if anyone else is/was in the house or with the suspect plus a whole bunch more. This is what you pay a lawyer to help you with... which questions are okay to answer and which ones are "fishing expeditions".

Police asking if you have other guns in the house is pretty much a fishing expedition. Asking if you have guns of the same caliber in the house may be prudent as part of the investigation.

Police will probably look into every room for any other witnesses. If children are in the house they will want to see that they are taken care of properly (or later interviewed as a auditory witness).

Now... in some places, if your house is neat & tidy on average the cops are likely to take your word for a lot of things. On the other hand, if there are half a dozen gun magazines laying around, plus catalogs from Brownell's, Midway and Cabelas along with ammo boxes, empty magazines and holsters, etc. The cops might think "Hoo boy! We got us a Rambo here." It would not strike me as unusual for someone to decide to "charge" you, even if they can't make it stick through an arraingment, just so they can confiscate oodles of guns and check them out (see if they're stolen). Once seized, as long as the DA keeps the case open, they keep the guns.

In truth, they should confiscate the fired gun as evidence and use it to match against any recoverable projectile to establish it as the weapon used. The Coroner establishes the cause of death and perhaps which bullet was the lethal one. The ballistics lab matches the bullet to your firearm, you're okay. If they can't match it to your gun (presuming the slug is useable), then questions come up and you can expect warrants and lots of legal fees. Presuming there are no unexplained bits of evidence and no question about self-defense, they may close the case. In some places the DA must present to a Grand Jury to dismiss the case or refer it for prosecution (i.e. Texas).

Some thoughts

Presuming police don't take all of your guns right away:
Once released, if you have "prized guns" in your collection, especially unique or irreplaceable guns, you might work with a friend or family member to move them discretely to a safety deposit box in his name or some other secure location.

If someone else will store your gun(s) tell them not to store them with their own guns. Use a separate safe. If police show up with a warrant, it's best to surrender the gun rather than have them tear the place apart.

If you have multiple models of the same gun or similar guns, expect police to figure that out and they may bring a warrant. Your lawyer may advise you go ahead and keep it in the house and turn it over without issue. Personally, I'd switch to a distinctly different caliber/cartridge for a backup gun if possible.

If police do seize all of your guns;
- Tell your lawyer immediately.
- Give him a list of "historical" guns or "irreplaceable" guns (the M1 Garand you traced to Iwo Jima, or your grandfather's Browning 20-gauge; that gun engraved to "Chuck Heston" from Duke Wayne :eek: or whatever.)
- Ask him to immediately notify the PD that specific guns are historical, highly valued or have irreplaceable sentimental meaning beyond monetary value and should not be destroyed. Ask him to issue notice to the court too, especially of any potential historical or "museum pieces".
- Your lawyer might request the PD secure such evidence in a higher security area (like they do for cash, jewels, etc.)
- Ask your lawyer to attempt to release non-suspected guns to him for storage with an FFL or in a secure location under his control. Sort of an escrow arrangement.

If a PD destroys your guns as noted in one of the above posts after being notified of their rarity, irreplaceable value or sentimental attachment, this can be used in a civil-rights lawsuit as a "taking" under the 5th Amendment, even if the PD pays you full appraisal value for each (they've taken future appreciation away from you).

- If Danny Dirtbag's friends or family are making any contact at all, advise both the authorities and your lawyer. Even if you don't know who it is, make the report and get it documented. This includes phone calls.
 
Innocent until proven guilty.

Since you will need the lawyer anyways (PRC :barf:); if they take all of your firearms from you, you have legal cause to sue for breach of the 2nd.
The only reason I can think of, for them to take more than the one used for defence, would be if they shared calibers.

By the literal definition in which the Amendment is written: "The right to bear arms shall not be infringed."
If the firearm used was the only firearm in the house for defence, and they confiscate it, they should provide you with another firearm while they have yours for testing.

My 2cents.
 
My CCW instructor said have another gun so that you can defend yourself from the attackers buddies if they want to meet with you a couple weeks later.
 
Shooting a gun in a house will not make anyone "deaf."
If the shoot is a good shoot, there really isn't any reason to even take the gun that was used. I realize that some anti-gun jurisdictions may do this, but it is wrong. If you are charged with a crime, they should be able to take your gun.
 
Well.....

Because they're investigating a homicide. (YOU say it was self-defense. What do you expect them do to: give the gun back, and say "OK, right. Well in that case, nice job, take care now")
 
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If they charge someone then confiscating the weapon that would've been used in the crime would be required as part of the investigation as evidence, but no others. If no charges have been filed or warrant issued and the owner doesn't provide permission, then it would be theft, or at the least unauthorized us of a moveable and still a felony.

They should find an attorney and file their own charges just like the illegal confiscators (under color of authority) would do. Otherwise, why would they stop and not do it to others when the mood struck them?

Naturally, state laws will vary, and some may provide legal means of seizure for all weapons by the authorities during any type of shoot. In that case, an attorney would be required yet again but in a different vein.
 
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