I received this email from a gentleman that reads the blog…
“I have a question for you though. About a week ago I sent you an email regarding what happens after one has had to shoot someone who was intending to either kill or do great harm to them. From what I have heard in the past….and different localities have their own “laws or rules” on this…. Your weapon is confiscated so they can check to see if it is stolen. Well, for one thing why can’t they just copy down the serial number? It seems to be that it can take forever to get the weapon back to the one that had to do the shooting. Now, I can see that in some cases where things appear “fishey” the authorities might hold onto it until things are clear. But….it appears that sometimes it can take months to return it. If then….some places they just keep it. To me that smacks of a sort of back door gun control if not outright theft. I was kind of hoping you might either tell me your views on this or even cover that in a posting on your blog.”
Any thoughts???
My view is that I, of course, do not that think anyone should take my gun from me, but I also understand that it will become part of the investigation and as such will be confiscated for tests etc. I guess I don’t mind if during the course of the investigation is taken, but I would hope that once all was sorted out, it would be returned and no funny politics would be employed.
I will tell you being arrested and/or losing my gun are two of the many reasons I am conscience about doing all I can do avoid ever having to use my gun. The number one reason, of course, is that I have zero desire to harm anyone ever.
A homicide has been committed (even if it is a righteous shoot, it is still a homicide).
The gun is evidence in case it is decided the shoot was not justified, and a criminal trial takes place.
Yep. Nailed it! It was a gun and it was used during the commission of a crime. Now, whether you committed that crime or the perpetrator is only partially relevant, but not at first. At the start, it is not relevant because it is evidence. It’s relevant later on when it is determined where the gun goes. If you acted in self-defense and the homicide is justified, you get the gun back. If you are the one that goes to trial for homicide, your gun will probably end up being melted down.
For this reason I tend not to carry a gun I am emotionally attached to such as a family heirloom etc. because I realize if I had to use it I may loose it for a while. (This is providing for of course that I call the cops if I have to use it.)
I would suggest the possibility of getting another gun for carry purposes.
All above are correct. Because it’s a possible criminal matter and the firearm is evidence. In my jurisdiction even a LEO’s firearm is “impounded” after a shoot.
Like Duke, I rarely carry an heirloom, though I generally carry a firearm with sentimental value as it was my duty gun for over 15 years. I have a second copy of that specific model in the safe, not because it can replace the carry gun if it is impounded. So this is the lesson, have a second firearm you are permitted to carry and are proficient with, at home so you don’t go through the “oh my gosh, what now?” phase of getting another carry gun while yours is held as evidence.
This seems pretty smart to keep a second identical gun. In case yours was held for some reason why be forced to go without or to use a weapon you are less familiar with?
If there is an assault where any type of implement has been used this becomes of evidentiary nature and is turned in as evidence. It doesn’t matter if we’re discussing a misdemeanor of felony, its evidence. I can go into detail about the hows and whys behind this but won’t, it is what it is.
If cleared of any wrongdoing during the course of an investigation or as a result of legal action then this property might be returned. Sometimes this might require an attorney’s assistance or even a court order. LEO firearms are taken from the officer as well for as long as necessary.
Knowing what happens to firearms in evidence or at crime labs I shy away from dressy or collectable firearms as any type of carry or home defense weapon. I use issued or factory ammunition for carry or defensive purposes and practice with hand loads.
If you don’t already have an attorney on retainer or who you know will represent you get one. And if you’re ever involved in a lethal or otherwise use of force as a civilian don’t write statements, give statement or answer questions until you have an attorney present. Yes, I’m a LEO and yes it will irritate me having to wait but I can deal with that just fine because you have specific rights, if you choose to use them.
As a former LEO and current defense attorney myself, Sport Pilot’s absolutely correct. Don’t worry about looking guilty by invoking your right to remain silent until counsel can assist. Worry about saying or writing the wrong thing under the stress of the moment and then having it used against you in a court of law. If Sport Pilot’s department is anything like mine was, when an officer is involved in a shoot he cannot be questioned per policy for 72 hours and then only in the presence of his union rep and/or attorney. That is to keep the officer from “getting it wrong” in the official record (as much for department liability as the officer’s I suspect) which then casts doubt on the shoot. Should you act any different?
You are going to lose the weapon for the duration of the investigation. That is why you have a backup… Just sayin…
Obviously you got the answer on “Will they (and why will they) take it?” 99.99% yes. I did read of one case where the little old lady who blasted the intruder was tickled because the officers reloaded her gun for her, but I would guess that is very very rare.
More troublesome seems to be “when, if ever, will I get it back?” It seems as long as there is any open investigation, you can kiss off getting the gun. Both the prosecution side and the defense side may have (competing) interests in your fire arm, and even if for no more reason that “just in case” will make the necessary arrangements to keep that firearm available to THEM without any regard to your interests. After all, it doesn’t cost them anything. So the gun may very well stay locked up for the months or years it takes for the guy who was trying to harm you to come to trial…and then there are appeals…etc.
Even when all the legal gunsmoke has cleared, then you have to get it out of the police department’s property room. I have read cases of jurisdictons where the police department’s view is the law allows them to seize firearms for investigation…but does not “allow” them to release the firearm once the investigation/trial/etc is over. So the owner ends up having to go get a court order, which of course may run you more (to pay your lawyer’s fee) than the firearm is worth. And then hope that by this time (years later?) the property room hasn’t lost track of it. Google “police property room loss missing stolen” .
Finally, if and when you do get it back, you may find it changed somewhat. Nobody is going to clean it, that’s for sure, so any corrosive substance on it will just sit there. At least some jurisdictions stamp case ID numbers onto the gun. One police officer commented on another forum that when his gun was impounded for evidence, the technicians did him a favor by stamping the markings under the grip panels, where they wouldn’t show. This was not the regular practice for Joe Blow’s gun, tho.
So all in all, it’s probably best the assume that if you use your gun…or your brand spanking new “Eleanor”… to defend yourself, you will never see it again. Then if you get it back, it will be like Christmas morning.. 🙂
Confiscation of your firearm is likely gonna be the least of your concerns in the aftermath of a justified shooting. The anxiety of an investigation that might lead to an indictment will weigh on you. And even if you are cleared, your conscience about killing another human will trouble you for sometime to come.
Agirl… Your answer was dead-on…
Dann in Ohio