Aftermath... Can I still carry?
This is a discussion on Aftermath... Can I still carry? within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; One thing I've often wondered. Say I need to draw and fire my weapon in a self defense situation. Call 911, police show, blah blah ...
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November 7th, 2011 09:35 AM
#1
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Aftermath... Can I still carry?
One thing I've often wondered. Say I need to draw and fire my weapon in a self defense situation. Call 911, police show, blah blah blah. Most likely, your weapon will be taken as part of the investigation, correct? Seems criminals are innocent until proven guilty, yet honest citizens defending themselves are guilty until proven innocent. Anyway, say everything goes your way, you're cleared of any charges, you likely receive your weapon back. Hopefully within a timely manner.
However, my concern is during the trial. We know these can stretch for long periods of time. Is it likely my LTCF will be revoked and only given back once I'm cleared and trail is over? Will I be able to carry during the time of the trail (not AT the trial obviously). Will any other of my firearms from home be taken during the investigation? I'm doubting any other firearms would be taken from me other than the one used, but I'd still like the ability to carry, which I'm sure is different from state to state.
Just curious.
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November 7th, 2011 09:35 AM
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November 7th, 2011 09:39 AM
#2
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I would say if you are not charged with anything there wouldn't be a trial. I am not a lawyer and never even so much as auditioned to play one in a late tv commercial for hemorroid cream or anything.
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November 7th, 2011 09:55 AM
#3
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No, your license would not be revoked. But it could be suspended if there is doubt or credibility issues with the validity of your shooting. Of course, this can vary from state to state. Also, nobody can remove weapons from your home except if it was domestic related and happened in the home, but again, there has to be a doubt to the validity of the shooting.
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November 7th, 2011 01:42 PM
#4
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There was just an article on the Milwaukee Journal website about "gun court". It seems that you may need to go to court to force the police to return your gun and other seized property. They did list a few people that were there trying to recover their guns because the police searched their home on a tip and removed all guns even though they did not find anything they were there looking for (drugs). The article said they can remove the items for the "safety of the officers". Then when there were no charges filed they did not return the guns until the guy went to court. The Judge is an anti gun guy who tries to talk you out of getting your property back because they cause death and destruction. Another said his safe was emptied of all contents including guns, cash, photos, and papers. The court says he did not prove he was the owner of the property. He said "all of my paperwork was in the safe and taken by the cops". What do you think the likelihood is he will see any of the cash he needs to prove was in the safe.
Here is the link. http://www.jsonline.com/news/crime/p...133337318.html
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November 7th, 2011 01:50 PM
#5
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You need to fix your link. Too many http
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November 7th, 2011 02:03 PM
#6
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November 7th, 2011 04:58 PM
#7
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You've asked too many "if" questions for which there are no definitive answers. Each state varies, but in general, if gun A is taken for investigation, you can still carry gun B. Until you are a "convicted felon" there is no reason any other guns should be taken. Whether or not you CC license might be suspended is up to your state and the incident cited. If you're not arrested, most likely you'll keep your permit.

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Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield
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November 7th, 2011 06:30 PM
#8
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In theory they could take or suspend your permit. However, PA like VA is an unlicensed OC state. So even without your permit, unless charged with a crime you still have that option available to you.
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November 7th, 2011 07:51 PM
#9
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Good reason to own a second gun.
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November 7th, 2011 08:48 PM
#10
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Originally Posted by
Secret Spuk
Good reason to own a second gun.
......... and hide it someplace other than 'the safe'!!
"It is easier to resist at the beginning than at the end"____Leonardo da Vinci 1452-1519
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November 7th, 2011 09:01 PM
#11
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I do have more than one. I have two primary carry pistols, G30SF and S&W 442, HK USP as an HD pistol and a 1911 that's mainly a range toy.
So I have others to carry if one is taken.
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November 7th, 2011 09:04 PM
#12
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Originally Posted by
Secret Spuk
Good reason to own a second gun.
Never shoot someone with something meaningful to you. It's going to sprout wings.
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November 8th, 2011 12:15 AM
#13
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Probably depends upon what you were charged with, and the jurisdiction. I've 'heard' of cases where they took every gun the person had, and they played hell getting them back .... even when the DA never filed charges. And, others where they never took the person's guns or anything , except the one used, and they were charged. Those were in different jurisdictions.
I don't make jokes. I just watch the government and report the facts. --- Will Rogers ---
Chief Justice John Roberts : "I don't see how you can read Heller and not take away from it the notion that the Second Amendment...was extremely important to the framers in their view of what liberty meant."
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November 8th, 2011 12:53 AM
#14
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just because your being tried, doesnt officially make you an adjudicated felon. The process of revoking your CCL is an entirely different process thats administered by your local sheriffs dept. My honest opinion, unless you shot a known criminal with ties to major gang, (my experience, those little neighborhood gangs are a bunch of sallies,) I would cease carrying for the time being because the press has a way of distorting facts and motivations.
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November 9th, 2011 05:59 PM
#15
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Almost makes me want to get another G30SF. Ahh screw it. I'll get a G29SF and alternate them. Fit the same holster, same ergonomics, both great calibers, if I lose one in a shooting and can't get it back from the Police, than I have the other. Even though the G29 would be more potent, my G30SF is near and dear to my heart and I love carrying it. Even thought it's not expensive and it's just a Glock, it's MY Glock. My first gun.... ever.
Guess I'll put the Glock 29SF on my list. Was going to go with a G20, but... maybe I'll go with the G29SF afterall.
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