Seized Weapon

This is a discussion on Seized Weapon within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by LenS Since you mentioned MA: In MA, in almost every case the shooter will be arrested and charged with a homicide. The ...

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Thread: Seized Weapon

  1. #46
    Ex Member Array Todd's Avatar
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    Quote Originally Posted by LenS
    Since you mentioned MA:



    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).
    Every time I hear something like that it just affirms my decision to get out of that state. I'm glad I only have to return one week a year for my wife's family reunion. And no, I haven't even bothered to try to get my non-resident CCW. Too damn expensive and too much hassle for one week a year. Plus, if what you say is true (and I beleive it) I'd be better off dead and let my family collect the life insurance than send us into bankrupcy after I defended myself in a state that gives the criminal more rights than the victim.

    Sorry for the off topic mini rant.

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  3. #47
    Distinguished Member Array jarhead79's Avatar
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    Idaho constitution states, a weapon may ONLY be seized if it has/may have been used in the commission of a felony. Until an investigation (short or long) has taken place, the police basically know that there is a man on the ground with lead poisoning and another man standing with a gun.
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  4. #48
    Senior Member Array torrejon224's Avatar
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    In any shooting investigations I conducted, the weapon was already safed and ready to got for evidence when I arrived. It would be "tagged and bagged" and the owner provided with a receipt. Disposition would be up to the courts and usually at the end of the trial if one occured. Either way you will be without your weapon for some time. Could be a matter of weeks if a justified shoot or years. If determined necessary, a search warrant could be issued and any other weapons/ammunition, etc could also be seized. Never attempt to hide the weapon or ammunition. You may not want to go into the details without a lawyer present but don't make things harder for yourself by attempting to conceal evidence or even giving your gun to another to hold till police arrive.

  5. #49
    Distinguished Member Array Doc Holliday's Avatar
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    Quote Originally Posted by LenS
    Since you mentioned MA:



    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).
    What happened to the sense of liberty and freedom that our Forefathers shed their lifeblood for? Heck the last time I checked MA was the birthplace of our Revolution. Funny how things have shifted back to the Oppressors! Sorry, didn't mean to hijack the thread, but that disgusts me.

    To answer the question posted on the thread- I would surrender my weapon, cooperate with LEO under the advice of my Attorney, and hope and pray that it is a justified shoot. As far as getting the weapon back, I would definately want it back. However, if I didn't get it back I would just be thankful to God that I could walk back into my favorite gunshop and buy another one!
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  6. #50
    Member Array 97Octane's Avatar
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    Quote Originally Posted by packinnova
    #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?
    1.) I never said I would have felt guilt. This was an assumed emotion on your behalf.
    2.) There is absolutely no such thing as a good shoot. Shootings are only "justified" here.
    3.) In defense of my life, I will have no compunction in squeezing the trigger. I don't pull the trigger, I squeeze mine.

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