Seized Weapon

This is a discussion on Seized Weapon within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Just curious, In another thread referring to lawyer selection in case of a shooting Erich gave us some real good advise. If you haven't read ...

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Thread: Seized Weapon

  1. #1
    Member Array gunjunky's Avatar
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    Seized Weapon

    Just curious,

    In another thread referring to lawyer selection in case of a shooting Erich gave us some real good advise. If you haven't read the thread "when you need a lawyer fast" I recommend you do so. while reading it something else crossed my mind.

    I realize that in the unfortunate event of a shooting that my weapon would be seized for investigative purposes. What then? Do you get back? How much red tape do have to cut through?

    In the event of a shooting, if police arrive on the scene quickly obviously you wouldn't have the opportunity to do this but I have thought about locking my weapon in my safe (if I were at home) or in my vehicle ( after I was sure the threat was neutralized) and telling the authorities when they arrived that I was willing to cooperate but that I wanted an attorney. then tell them where my weapon is and tell them that I will relinquish it to my lawyer when he arrives.

    This may sound like paranoia or maybe even overkill but I've never been in the situation before. (hopefully never will!) but I was just curious.

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  3. #2
    Senior Member Array Freedom Doc's Avatar
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    When the cops come, they are going to want the weapon. They will ask where it is, and you will tell them. You really don't want to lie about this.

    You should get the gun back, but it may be awhile.

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    Member Array gunjunky's Avatar
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    Freedom Doc

    I'm sure their going to want the weapon. And I dont have any intentions of misleading with regaurd to where it is. But if it were locked up, and I would rather relinquish it to my lawyer first can they [I]make[I] me relinquish it without getting some type of warrent. like I said this may not even be necessary. I am generally trusting of LEO's but you never know.

  5. #4
    Senior Member Array rangerman2003's Avatar
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    In the scenario that you are talking about the officers in my opinion are going to consider the scene still active until they have all the weapons in their control so they will take the gun

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    Distinguished Member Array randytulsa2's Avatar
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    They will take it.

    If the shooting is later found to be justified you will get it back, unless you are in some retarded jurisdiction.

    Red tape involved in getting it back can range from the nonexistent: "give them this receipt at the property desk" to the Kafkaesque.

    Better than not being able to get it back, and either beats being dead...

  7. #6
    Distinguished Member Array fotomaker57's Avatar
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    Please don't lock it away and refuse to give it to them. You are only going to create more problems that you don't need.
    Mike
    The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.
    Thomas Jefferson

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    Member Array gunjunky's Avatar
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    Mike 1
    Your probobly right, just curious.

  9. #8
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    Quote Originally Posted by mike_1
    Please don't lock it away and refuse to give it to them. You are only going to create more problems that you don't need.
    Mike
    Exactly. The weapon in question will need to be in the chain of custody. You will need to surrender it to the PD.
    "In matters of style, swim with the current; in matters of principle, stand like a rock." Thomas Jefferson


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    Member Array ENSANE1970's Avatar
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    Quote Originally Posted by mike_1
    Please don't lock it away and refuse to give it to them. You are only going to create more problems that you don't need.
    Mike

    I agree, give them the weapon, you may have to go through a bunch of red tape to get it back, but it's better then being charged with, obstruction of justice.
    If you want a battle of the wit's, please come armed.

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    Ex Member Array Todd's Avatar
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    Quote Originally Posted by ENSANE1970
    I agree, give them the weapon, you may have to go through a bunch of red tape to get it back, but it's better then being charged with, obstruction of justice.
    Exactly what I was thinking. You beat me to it!

  12. #11
    Member Array denverd0n's Avatar
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    Yup. Give them the weapon.

    First off, if you refuse to hand it over to them you may well be charge with obstruction of justice. Second, they can do a search without a warrant if they have "probable cause," which means that they can tear your house apart, rip out your gunsafe, and take the whole thing with them if they want! Finally, your uncooperative nature is going to make it MORE likely that you are charged with something, and is going to be twisted by a prosecutor to convince a jury that you had something to hide--probably knew the shooting was unjustified and that's why you tried to hide evidence of your crime!

    Refusing to turn the gun over to them is only going to make it worse for you in the long run, possibly MUCH worse! Don't do it.

  13. #12
    VIP Member Array Redneck Repairs's Avatar
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    The Officers WILL take the gun at the least , and likely you into custody . The gun will not be cleaned and depending on the training dates / levels of the officer the collecting officers initials may well be scratched into the finish somewhere ( this used to be sop so the officer can readily id the piece of evidence in court , however better and more modern trained officers have discovered recording serial numbers LOL ) The firearm will be bagged " as is " either in a plastic evidence bag , or if it has blowback ect. on it in paper where the blood ect may well do bad things to your baby . There is no fix for this , as the gun will be preserved as it was on scene due to evidentiary concerns . Sorry but that is the way its going to work in any jurisdiction i eaver heard of . Do NOT wipe down ect... the firearm since the trace evidince will tend to confirm some of your story , and changes to trace are detectable , putting your entire story at risk since you attempted to get the trace to lie to the lab .
    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.

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    Member Array 97Octane's Avatar
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    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.

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    Post Important To Remember

    Any fatal shooting...even a Self~Defense shooting IS considered to be a Homicide until it is determined to be a justified shooting.

    So your firearm will be part of a Homicide Investigation (Yours) until the authorities are finished with it and you are cleared of homicide.


    Sorry but, in a fatal shooting you are going to be the the target of a homicide investigation.
    In other words...the police are going to arrive on the scene and you are Instantly a Murder suspect until the investigation proves that you're NOT.
    And you're going tell them you're not going give them your firearm?

    You're going to lock it up & have them do paperwork with your lawyer to make sure you get your gun back?

    It just doesn't work that way guy.

    You do not lock your gun in the safe and you do not lock your gun in the car and then dictate your terms to the police investigators.

    How would you like to get charged with hindering a homicide investigation?
    Possible tampering with evidence...maybe.
    Removing a weapon from a crime scene.

    The very LAST thing in the world you'll be worried about is getting your firearm back.

    I'd be far more worried about how they are going to rip the entire contents of your living quarters apart should they even suspect that you are playing funny games impeding their investigation.

  16. #15
    VIP Member Array Redneck Repairs's Avatar
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    They can keep it... in my mind, that gun has killed someone and its tainted now.
    Sorry but I take the other tac on that , That gun has saved me and I damm well get it back no matter the effort or cost . I may well never carry it again ( most likely its been replaced before it can be released ) but it will come home , if only to be a wallhanger in a shadow box .. It didnt let me down , and I wont let it be crushed or scrapped as is the fashon of disposal nowdays . It didnt kill anyone , Someone put my life in danger and i used it to bail my butt out of that danger , Good tools should be cared for , and that would imho be a proven tool .
    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.

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