Wondering about shooting in self defense

Wondering about shooting in self defense

This is a discussion on Wondering about shooting in self defense within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; Do you get your gun back if you were found not guilty of murder in a self defense situation?...

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  1. #1
    New Member Array waltherman1's Avatar
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    Wondering about shooting in self defense

    Do you get your gun back if you were found not guilty of murder in a self defense situation?


  2. #2
    Senior Member Array txron's Avatar
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    You should, but it might take a while and you might need a lawyer. Most agencies will give you your gun back, but there are a few, that will drag there feet depending on where you live.
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    Member Array Goat_Guy's Avatar
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    My guess is no. From stories I've read or heard, anything taken into evidence in a case like this can pretty much be thought of as gone. I once asked a county deputy if he carried his own concealed weapon or if he had a choice to carry a personal weapon instead of what was issued. He said that in the event of a shooting, if it is your weapon, you'll never see it again. If I were to be in this situation, I wouldn't be happy if my Glock was lost forever but I'd figure the gun did it's job and I'd write it off as the cost of self defense. Things could be a lot worse after all.
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    Distinguished Member Array Bill MO's Avatar
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    While you may get it back, after some unknown time period, you have no idea as to what shape it will be in. Ever seen what blood will do to gun metal? If yours or someone else's blood happened to be on it when the LEO takes control of it, it will still be on it when you get it back. For how ever long it's out of your hands it will see no loving or other wise care.

    So IF you get it back plan on it being a paper weight.
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    Getting my gun back if used in a shooting situation is the last of my worries. My first worry will be coming out of the shooting unharmed. Second worry is if it determined by the DA to be a justified shooting. Next, if the DA decides it wasn't and wants to prosecute, is whether I survive the courtroom. After that is surviving a civil suit which may or may not come along. If I survive all of the above, I'll worry about getting my gun back.
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    FL statute 790.08:
    (3) If the person arrested as aforesaid is acquitted of the offenses mentioned in subsection (2), the said weapons, electric weapons or devices, or arms taken from the person as aforesaid shall be returned to him or her; however, if he or she fails to call for or receive the same within 60 days from and after his or her acquittal or the dismissal of the charges against him or her, the same shall be delivered to the sheriff as aforesaid to be held by the sheriff as hereinafter provided.

    (5) Weapons, electric weapons or devices, and arms coming into the hands of the sheriff pursuant to subsections (3) and (4) aforesaid shall, unless reclaimed by the owner thereof within 6 months from the date the same come into the hands of the said sheriff, become forfeited to the state, and no action or proceeding for their recovery shall thereafter be maintained in this state.

    As I read that, you have 60 days after aquittal to request return, then it goes to the sheriff and you then have 6 months to claim. After that, property of the state..
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    Distinguished Member Array oldman45's Avatar
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    Yes you will get it back. The issue is when. Some times your gun will not even be taken. When it is, some times it will be returned shortly after the crime lab is through with it. Worst case would be 3-5 yrs before it is returned.

    The same with suicides. Family members will eventually get the blood spattered gun back. Of course, it will have rust spots on it by then. A friend got one some 2 yrs after a suicide of his father in law.

    The guns are not confiscated. They are held as evidence.
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    Distinguished Member Array Hodad's Avatar
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    As others have alluded to: Get your priorities straight.

    If you survive unharmed and it is determined to be a "good" shooting, getting the gun back counts as a bonus.
    "Life is tough but it's really tough if you are stupid"

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    VIP Member Array ccw9mm's Avatar
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    Should, but it's entirely likely you won't.

    Ditto on the priorities: a good weapon is good insurance. Considering it as such, it won't sting so badly if it doesn't come back.

    Of course, it's your property. There's no reason why any fed/state/local agency can deprive you of your property without just compensation. So, if you are so deprived, go seek redress (with penalties if they drag their feet). Evidence is one thing. But once they've got the documentation of the barrel, prints and whatever else is gleaned, IMO there is zero reason the gun cannot reasonably be returned.
    BenGoodLuck likes this.
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    Ex Member Array Manderinobyebye's Avatar
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    There was a man,this happened to a couple of years ago.He shot and killed an intruder.It was justified self defense.He said it was a little under a year,but,he got his back.If the shooting is justified,there shouldn't be any legal reason,for them,to not give it back.
    USM1976 likes this.

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    Senior Member Array deafdave3's Avatar
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    Quote Originally Posted by waltherman1 View Post
    Do you get your gun back if you were found not guilty of murder in a self defense situation?
    In New Orleans, no. Anywhere else in the country, I have no idea. Hope I never find out, though.
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    VIP Member Array NONAME762's Avatar
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    Quote Originally Posted by txron View Post
    You should, but it might take a while and you might need a lawyer. Most agencies will give you your gun back, but there are a few, that will drag there feet depending on whee you live.
    Not only that but your gun may not be the same as when the authorities relieved you of it.
    ------------------------
    OP It's NOT murder if the lethal force you take results in death. It's called a justifiable shooting. Manslaughter perhaps but not murder.
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    Wow. You life is going to take a drastic turn for the worst and you are concerned about whether or not you will get you gun back? Yes you will and then you can sell it along with your house and car to pay your attorney. You do no think you just say it is self defense and talk to the police without an attorney present now do you? There are hearings and documents and depositions and so on until you are poor and broke. Most who shot someone experience stress from worrying about whether they will be found innocent or not. It messes up your life, innocent or not. I would not worry about my gun as you will have much bigger things to worry about. :)
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  14. #14
    Member Array liquid150's Avatar
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    Many times the lawyer fees to get it back will be more expensive than getting a new one. There is always a likelihood that it will be "lost" in evidence too.

  15. #15
    Senior Member Array USM1976's Avatar
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    There seem to be many "opinions" regarding the return of eividence, in particular, firearms, afte a criminal proceeding. Every state has laws indicating how the disposition of evidence is handled. It's not just the whim or the DA's Office or a law enforcement agency. These issues are set down in law.

    In Texas that law can be found in the Texas Code of Criminal Procedure Article 18.19. I have released many firearms to rightful owners after investigations where the grand jury refused to indict as well as cases where people were found not guilty (rare but it does occur).
    Last edited by USM1976; May 6th, 2013 at 02:33 PM.

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