Confiscation of Guns Question

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Blain

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Heres something to think about. If god forbid you ever had to use a firearm in self defense, wouldn't the police confiscate it since it was used to kill/maim a person? It would end up in a police evidence room somewhere. Even if it is found that you where just acting in self defence do you ever get it back? Maybe someone who knows the law can elaborate.

This would be the last thing on my mind if i ever really had to use my gun in that way, but it is food for thought for those who shell out some very big bucks for expensive accesories/guns. I just have an 870 express as a bedside gun, so it is on the cheaper side for home defense.

I believe this may vary from state to state as well.
 
So long as you're cleared of the actual shoot and didn't break any OTHER laws (illegal carry, lack of some silly piece of paper, etc.), you usually DO get the piece back.
 
A gun will be seized as evidence and released only after the owner is exculpated of any wrongdoing.

That's why I've been advocating both here and at TFL to use the cheapest reliable gun you've got for self defense. Why lose a Python when you can lose a second hand S&W or Ruger? Why use a custom 1911 that costs $1500 when you can use an out of box Ruger P90 (or name your homely lost cost 1911 here)?
 
Yes, that too has happened. I recall reading about some old guy in Charleston who shot a gang-banger. The police took all his guns. I suppose they do it so they can conduct ballistic tests :rolleyes: to verify that the gun used by the shooter is indeed the instrument and not a substitute. The police can also say that since it's a homicide or ADW, they have yet to determine the lawfulness of the deadly force used and therefore do not want to leave a potential threat to the community at large. Mind you, I don't concur in many of these cases.
 
If you have two smooth bore shotguns, how could/would they tell which one fired the shot?
 
If you want to get fancy Blain, they can do a chemical analysis and match the powder. It only works if you use two different makes of shotshell for the guns. They will also grab the empty shotshell and examine the markings found on it (extractor, primer, breechface) and compare it against a sample fired in the gun.
 
I recall reading about some old guy in Charleston who shot a gang-banger. The police took all his guns.
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Wonderful ... so if you kill a gang-banger, they disarm you so the rest of his gang can find and get revenge much more easily :rolleyes:
 
If I have to use a gun in self defense of myself or family the last thing I'm worried about is losing the gun. Not that I condone confiscation or would be happy losing a valuable firearm but at that point it has served it's purpose, that is what matters to me. I just wouldn't choose my firearm based on the fact I might lose it if I use it. I have guns that I paid less than $300 and up to $1000 with accessories that I use for self/home defense. With that said a gun for self defense (for me) will only have $$$ invested on functionality. No one is supposed to see it anyway, so why make it pretty.

I'll take preservation of mine and my family's life anyday over any gun.
 
This thread points up yet another reason not to store all of your guns in one place at one address.

If the LEOs ever feel the need to remove your guns, make sure you can still get to a couple located "off site."
 
Here's an odd if not farfetched spin on things- what if you shot and killed an intruder, but were far enough away to not get any blood spatter on you, then you went and disposed of the gun. You call the police and say that you woke up when you heard what sounded like a gunshot in your house and found a dead man in the hallway?
 
NOT a good idea Cracked Butt.

Sic said:
They could test your hands and clothing for powder residue. Don't think you can get it all off by washing.
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Yup, that was one of the things I was going to bring up. Then there's lie detector tests, etc.
You would just be digging Yourself deeper into a pit of legal troubles.
If You were justified in shooting said intruder, Hopefully the law will "play ball" and You will have been found not guilty.
Now, if this were to happen in NYC...:uhoh:
 
Meanwhile, in the Office of Prosecuting Attorney in Cheeseland:

Prosecuting Attorney: "Alright, Steve, more coffee? [shaking head] Hey, what about this murder where the mope claims he woke up and found someone shot dead in his house last night."

Junior Detective: "What a crock! What a mope. He's lying. Look at the bullets' anal and pics we took of the bullets pass through and all the other stuff we have. Jerry, look! This is a pic of the powder burns on the doorframe that I took. It came right from the master bedroom where this mope sez he was 'sleeping.' [scoffs]"

Senior Detective: "Of course, he's lying, Jim. A bag of dead mopey mcmope in his hallway of his McMansion in the 'burbs and he wants to believe that it was a UFO, a Skyhook, or MAGIC that placed it there."

[Laughter]

Investigator for Prosecuting Attorney: "Yeah, hey there, maybe it was a bear that killed him."

Prosecuting Attorney: "This guy probably read the Errornet a lot about how Problem #2 is just a creative fiction of El Tejon. Man, El Tejon's a genius and really cool too. O.K., it's a murder, the mope did it. I'll file the case today and get a warrant with no bond. I'll call when Judge Chimoleski signs it."

Senior Dectective: [smiling] "Ah, Chimo, he'll sign anything won't he?"

Prosecuting Attorney: "O.K. let's go get this lying sack."
 
*JimJD drops to His knees and cries to the heavens with outstreched arms*

Damn You Ballistics lab! Damn You forensic science! Damn You all to helllll!!!

:D
 
you usually DO get the piece back.
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I got a car stolen from me a while back. Miracle upon miracles, it was found, within a week, in the possesion of the dirtback who stole it. It was relatively unharmed too. Ya wanna guess how long it took for me to get it back? Try 6 months of calling the DA's office twice a week. A very long 6 months that was too. It was my only method of transportation to work other than bumming rides.

And that was a really big piece of evidence that they couldn't lose in the back of the evidence room. I'd imagine something like a dangerous weapon could take a really, really long time to find their way home in some juristictions.
 
I doubt that the police use ballisitics in EVERY single gun case, ESP in the small towns. For one it is very expensive and takes a long time to do. I believe it would have to be a BIG case for them to do that type of detective work.
 
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