Seized Weapon

This is a discussion on Seized Weapon within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Its kind of a machoesque rationale to shadowbox it and put it on proud display. There you go ... adding intent and words to what ...

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Thread: Seized Weapon

  1. #31
    VIP Member Array Redneck Repairs's Avatar
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    Its kind of a machoesque rationale to shadowbox it and put it on proud display.
    There you go ... adding intent and words to what I stated ..

    how many women who are the victim of rape, shadow box the dress they wore, or the nail file they used to bludgeon and fend off their attacker?
    Now just *** did that come from ?

    Most people I know would shed any reminder of that event in the dumpster
    Well obviously you don't know me , or about anyone I know ... other than if we are back on the rape issue .. in which case I can see it ..

    If its your choice to abandon a tool that is fine , Its your choice , personally I happen to have tools my grandfather made in shadowboxes on my walls . some of the blacksmithing tools he made still get taken out and used on occasion ( they work and I am lazy .. don't want to make new ones ) So please don't start a " imho quasi liberal " assignment of motives to me due to my username on this forum .. and also Please when you cant resist doing it ... don't pull up as volatile an issue as rape , then compare in any way a shooting survivor to a rape victim with " a nail file " . This victimizes both situations , one by having the " testicular fortitude " to not feel guilty in any way for surviving , and the other for being female and raped , You sir have cheapened both by your nonsensical post .

    Ill close on this now and not post againon this thread , there is no response I can make further . Other than apology's to the mod's , delete if I am completely out of line plz .
    Make sure you get full value out of today , Do something worthwhile, because what you do today will cost you one day off the rest of your life .
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  3. #32
    Distinguished Member Array randytulsa2's Avatar
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    Zundfolge:

    Is this friend of your some sort of.......*******?

  4. #33
    Member Array profshadow's Avatar
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    Heck,
    I'd want it back, but you can be darn sure I'd give it up to the proper authorities.

    But I've a couple more pistols at home that can take its place while they wait for their older brother to come home.

    Or maybe be able to get that shiny new one, like others mentioned.

    As for my feelings, I'm sure they'd be mixed. Glad I'm alive; hopeful I'd never have to do it again; grateful no one else got hurt; appreciative of those that taught me how to handle my gun and myself in the situation. Poorer for the legal expenses.

    That, and probably talking it out with a counselor and a barrel of Guiness, would help me deal with the aftermath.
    Armed & Dangerous...and Inconspicuous...

  5. #34
    Member Array gunjunky's Avatar
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    Thanks for all the comments guys,
    I really have no intention of being uncooperative with the authorites. But I knew it would be an interesting to talk about!

    In the mean time what happens to you right to carry durring the course of investigation? I imagine your CCW is at least temporaraly suspended. Has anyone had to deal with this before?

  6. #35
    VIP Member Array Redneck Repairs's Avatar
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    ... i promised ... i promised ... i promised ... oh there is my friend with a cold 6 pack ... heck its hot and sultry ( for a change ) here today ... i need to go drink a beer with a friend ... ( btw make a new post for a new issue imho ) ... anyway free beer i. b. gone tonight LOL
    Make sure you get full value out of today , Do something worthwhile, because what you do today will cost you one day off the rest of your life .
    We only begin to understand folks after we stop and think .

    Criminals are looking for victims, not opponents.

  7. #36
    Member Array Huzar's Avatar
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    Quote Originally Posted by QKShooter
    In other words...the police are going to arrive on the scene and you are Instantly a Murderer until the investigation proves that you're NOT.
    You mean a Murder Suspect, right?

  8. #37
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    Thumbs up Good Catch Huzar

    Much Appreciated.
    Yes, you are correct.
    I had better jump back into that post and change that to...
    An Alleged Murder Suspect.

    Ok ~ Thanks! I changed that...NOT because I want to cover up a dumb boo-boo but, I don't want any incorrect info early on in this thread.

    Let it be known here that I Whoops! said:
    "murderer" in my earlier post rather than "murder suspect" & Thanks to Huzar for catching that.
    Liberty Over Tyranny Μολὼν λαβέ

  9. #38
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    I'd dang sure want mine back, whether it was a $250 keltec or an $800 HK...its my weapon and I didn't do anything wrong, I want my possession back.

    as for lockin it up...heck no, if you did nothing wrong then cooperate (but still contact lawyer)
    if a shooting you don't want anything as a black mark against you and pulling a stunt like hindering the cops getting your weapon for the investigation is a BIG black mark by your name
    LEO/CHL
    Certified Glock Armorer

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    If loose gun laws are good for criminals why do criminals support gun control?

  10. #39
    Senior Member Array MR D's Avatar
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    when I had my shooting a few years back.....(not a fatal)

    when the officer arrived I had the gun out on the counter of our store, and I had cleared it....

    no one was standing within 6 feet of it, he asked if that was the firearm I had used, I told him it was and he photographed it and wrote down the make, model and SN# and advised me that if I had another self-defense weapon to get it out and asked if I could secure the one I had just used pending further investigation..... (they did NOT take it, surprised me)

    I then showed him where I had been standing and where the BG had been, where and when I discharged the weapon etc...

    he collected the evidence (empty casings etc) got our statements and went back to the office or back on patrol (he was Chief of Dept.)

    pretty straight-foreward, except I never had any info for almost 45 days on what happened....

    I was not charged, did not have to go to Grand Jury, prosecutor was satisfied that it was justifiable,

    other guy charged with Attempted armed robbery, attempted kidnapping, assault and Battery, criminal trespass, operating a vehicle with a ficticious plate, possesion of a stolen license plate, grand theft auto, and some drug related stuff too....

    only thing that LEO said couple o' months later was I wou;d have saved 'em a bunch of trouble if I had aimed higher (headshot)

    my advice, co-operate to the extent of facts, and get a good lawyer....

  11. #40
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    In the mean time what happens to you right to carry durring the course of investigation? I imagine your CCW is at least temporaraly suspended. Has anyone had to deal with this before?
    That is entirely up to the CLEO in that area. More than likely, your permit will be suspended until it becomes obvious that you are the good guy. Sometimes this can be a short amount of time, like a day or two, or depending on the circumstances it could be a few years until the trial comes up and you are found innocent.

    Different Police Depts. have different standards and its probable that no two are the same.

    Here in Arkansas, where you are at, the CLEO has discretion to do whatever he see fit in each indivdual case. As as matter of fact, if the Prosecuting attorney decides that something seems a little fishy to him, all he has to do it reccomend that the Sheriff or Police Chief suspend your permit and the law gives them the ability to hold it as long as they see fit.

    The CCW law does in fact detail ANY police officer to confinscate the permit if one is arrested for any violent crime. They then notify the Commander of the A.S.P and advise him of the situation and either hand deliver the permit or send it to them by mail.

    As others have stated in various posts, it is very likely that you will be arrested in the event of a shoot until the facts become clear. You may or may not be asked for your weapon, but it will be seized.

    On another note, I personally know of two separate cases where Bad Guys were whacked right on the spot and the shooter wasnt arrested, but asked to come down to the Sheriffs Office and give a statement. In one case it was late enough that night that they were asked to come in the next morning. In each case it was obvious as to what had transpired, both BG's were felons with long records that had a history of abuse and harrasment and both shooters had numerous visits to the S.O. and had filled out several complaints and reports about the BG's.

    Keep in mind that both our Sheriff and our Prosecuting attorney both actively support the right to bear arms and have taught the legal part of many CCW classes. Both use common sense when dealing with shoots, and I consider ourselves to be very fortunate to have such pro-gun police and consul. I have no doubt that had the same situation occured in R.I.,Mass.N.J., NY or any of the other anti gun cities, that the treatment of the shooter would have been very different.

  12. #41
    Senior Member Array gddyup's Avatar
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    If it ever comes to that, the gun goes to the LEO the instant they want it. That's part of being responsible for what has happened and what the consequences may be.

    When all is said and done however, I want that gun back and I will make sure that it gets back. What has happened could certainly be considered a defining moment in life. There's no way I'd let that go.
    Firefighter/EMT
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    <----My LT was unhappy that I did not have my PASS-Tag at that fire. But I found the body so he said he would overlook it. :)

  13. #42
    Member Array kikr's Avatar
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    My training is that in a post shooting situation, to maintain cover, cover the subject in the event that follow up shots are required, and contact 911. When the police arrive, clear and safe your weapon place the barrel in your nonfiring hand, keep your hands above your head and wait for the LEO's instructions. The LEO will take your weapon as evidence as well as interview and possibly take you into custody.

    My experience is, I didnt know the PD had arrived, due to the layout of the apartment complex I was in, untill I heard the officer announce himself, I was instructed to raise my hands over my head, take the barrel of the weapon in my left hand. I was then told to put the pistol on the ground behind my feet, I was already kneeling, and to stand up, take 3 steps forward and resume kneeling. The weapon was taken for about 3 months, I was not arrested but was interviewed 5 different times. After everything was over I had to bring in my drivers license and the copy of the ECD from the "crime scene" to recover my weapon.

    One intresting note is that here in Jacksonville Fl, you have to provide proof of ownership, such as a receipt to get your weapon back if its confiscated.
    We sleep safe in our beds because rough men stand ready in the night to visit violence on those who would do us harm.
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  14. #43
    Member Array denverd0n's Avatar
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    Quote Originally Posted by dimmak
    "The name's - Dumas"
    Hey! I love his books!

  15. #44
    VIP Member Array packinnova's Avatar
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    Quote Originally Posted by 97Octane
    I am very surprised to read so many posts like this one.

    If you SHOOT somebody... the last worry on my mind will be "When do I get my gun back". If I shoot someone, and the police take my weapon, then I could care less when I get it back, if I ever get it back justified or not. Its not like I want to carve a notch in the handle of it. They can keep it... in my mind, that gun has killed someone and its tainted now. It would serve as a good excuse to go get another H&K and start anew.

    If you had some $3,000 match grade custom 1911, then I understand wanting it back, because it gets to be a collectors item and thus irreplaceable... but a sub $1,000 pistol. I will not be worried if I dont get it back.
    Disturbing things I've been seeing around here lately. #1 in your scenario, the gun didn't kill anyone. You did. #2 if you feel so guilty as to see your gun as "tainted" after a supposedly good shoot, perhaps you really shouldn't have pulled the trigger?

  16. #45
    Distinguished Member Array LenS's Avatar
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    Since you mentioned MA:

    I have no doubt that had the same situation occured in R.I.,Mass.N.J., NY or any of the other anti gun cities, that the treatment of the shooter would have been very different.
    In MA, in almost every case the shooter will be arrested and charged with a homicide. The law allows YOU (the shooter) to use "self defense" as an AFFIRMATIVE DEFENSE (key here is you get to defend yourself again in a court of law) as part of our "Castle Law". Much muddier if you are outside the confines of your home when this goes down as our laws don't actually give you a right to self-defense in as clear a language outside the home.

    In MA, your LTC (CCW elsewhere) WILL be confiscated, as will all guns, ammo, components, mags, etc. that reside in your home. You must have a LTC in order to possess these items in MA. Even if someone else in the home has a LTC or may own some of the guns, ammo, etc. all will be confiscated and "maybe" sorted out later. If you are out on bail, it is likely that the other residents will have their LTCs pulled as well ("suitability", co-mingling with someone accused of a violent crime) . . . but this is up to the issuing jurisdiction.

    Post court case and assuming you come out unscathed (but likely bankrupt), you will have to beg for your property back and your LTC may be re-issued or not (suitability) depending on the attitude of your issuing chief. If it's been a length of time, the guns likely will have gone to a bonded storage company and you will be charged average of $0.50/day/gun and some of your items "may have disappeared" (happens occasionally). In some cases like Boston, you will likely never see any of your property . . . they have even defied judges orders to return guns to the rightful owners (that info from an attorney that I know who practices in Boston).

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