Justifiable shooting question

Justifiable shooting question

This is a discussion on Justifiable shooting question within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I was thinking, what if, I ever had to use my CCW, the shooting was ruled justified, are the police required to give my weapon ...

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Thread: Justifiable shooting question

  1. #1
    Member Array ENSANE1970's Avatar
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    Justifiable shooting question

    I was thinking, what if, I ever had to use my CCW, the shooting was ruled justified, are the police required to give my weapon back? Or can they keep it if they choose. I think that would awful, that a weapon that saved your life, or the life of another could be taken from you and never returned, just because it was involved in a shooting. I was wondering what laws, if any protect us from that happening and if they're federal, or are handled state to state?
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    In almost all cases, they have to give it back once it is no longer required as evidence.
    A man fires a rifle for many years, and he goes to war. And afterward he turns the rifle in at the armory, and he believes he's finished with the rifle. But no matter what else he might do with his hands - love a woman, build a house, change his son's diaper - his hands remember the rifle.

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    VIP Member Array Redneck Repairs's Avatar
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    If its a good shoot , and no laws broken by yourse lf , they will have to return it . However real world experience has shown me that this may well run into months , or even years , and require multiple court orders. While this happens your handgun likely will be stored in a secure area , in a plastic bag , with limited climate control and no cleaning since the incident . Stainless guns fare better than blued , but keep in mind , carry the best you can since if you survive a gunfight the pistol paid for its self , guns are cheap IMHO , time with our family's is not only not cheap , but any tool that gives me more is replaceable at any cost .
    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 .

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    Don't carry a gun that you can't afford to replace. If the shoot is good you'll probably get it back after all court issues are behind you. As was said, it will not be stored as you store guns in your home. It will likely come back rusted, dirty, scratched, and who knows what else. If you own a custom 1911 that you could never afford to replace then you may want to make it a range only gun. That, or understand you may have to lose it at some point.
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    Quote Originally Posted by Redneck Repairs View Post
    If its a good shoot , and no laws broken by yourse lf , they will have to return it . However real world experience has shown me that this may well run into months , or even years , and require multiple court orders. While this happens your handgun likely will be stored in a secure area , in a plastic bag , with limited climate control and no cleaning since the incident . Stainless guns fare better than blued , but keep in mind , carry the best you can since if you survive a gunfight the pistol paid for its self , guns are cheap IMHO , time with our family's is not only not cheap , but any tool that gives me more is replaceable at any cost. .

    +1 Red...
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    "The gun is the great equalizer... For it is the gun, that allows the meek to repel the monsters; Whom are bigger, stronger and without conscience, prey on those who without one, would surely perish."

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    Distinguished Member Array Bob The Great's Avatar
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    This is one reason I own two pistols. If I am involved in a shooting and my normal carry pistol is taken as evidence, I can carry my secondary until the first is returned.

    I will certainly want my gun back, but I fully expect it to take time, and I'm not going to worry too much about the condition it is in. It will have served its purpose, and it's a replaceable tool.

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    VIP Member Array Redneck Repairs's Avatar
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    Echo_Four I respectfully disagree . If i own only a high end 1911 custom i will carry it without thought to cost . If i own a high end 1911 and a cheaper gun that misfires every other round , i will still carry the high end without thought to cost . My point is ( and not to be a gun snob ) carry what WORKS no matter the cost . Trust me if it enables you to survive a social faux paugh or however the yuppys say it now .. a social screwup ... you will never sell the gun , its a child to you from then on . You dont need a custom pistol to survive , nor even a high priced one , you do need a pistol you are confident in and damm the cost .
    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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    These types of evidentary questions are typically set by each state under their own criminal procedures (rules of evidence). Each state will have differing procedures, look under your states "Code of Criminal Procedures" or however they label it. Most states should return the weapon upon completion of its need in court (if you end up shooting or killing someone most states will require it to go before a "Grand Jury" or its equivalent). I would ask your District Attorney's office if you can't find or understand the procedures for your state, they do work for you and should be willing to answer your question.
    Good Luck
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    Quote Originally Posted by ENSANE1970 View Post
    I was thinking, what if, I ever had to use my CCW, the shooting was ruled justified, are the police required to give my weapon back? Or can they keep it if they choose. I was wondering what laws, if any protect us from that happening and if they're federal, or are handled state to state?


    Well, there are the 4th & 5th Amendments to the United States Constitution.


    When you’re wounded and left on Afghanistan’s plains,
    And the women come out to cut up what remains,
    Just roll to your rifle and blow out your brains,
    And go to your God like a soldier.

    Rudyard Kipling


    Terry

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    Redneck, I don't disagree that if all you have is a custom 1911, and that is all you can afford you should carry it--- until you can sell it and buy something else that can be replaced. That or start a fund to buy a second gun just in case. The custom pistol may shoot like a dream, but for the price of one you could buy a pair of Glocks, XDs, Rugers, Smiths, Sigs, etc. Heck, you could even sell one of the high end 1911s and get a pair of P7s right now.

    I cannot believe that having your Ed Brown and no other gun in sight is a good idea. If and when you pull the trigger to save your life, you've just left yourself defensless. Since I assume the person that you shot has friends and family that may well be on the other side of the law, it doesn't sound like a good time to be left with nothing more than a telephone connection to 911 as a defensive measure.
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    Distinguished Member Array Pro2A's Avatar
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    Quote Originally Posted by ENSANE1970 View Post
    I was thinking, what if, I ever had to use my CCW, the shooting was ruled justified, are the police required to give my weapon back? Or can they keep it if they choose. I think that would awful, that a weapon that saved your life, or the life of another could be taken from you and never returned, just because it was involved in a shooting. I was wondering what laws, if any protect us from that happening and if they're federal, or are handled state to state?
    Amendment 5

    "... Nor be deprived of life, liberty or property without due process of the law".

    The officer isn't the judge, lawyer or jury

    This basically says they can't take it until you go to court and testify. Of course our bill of rights have been trampled on quite a bit, so I think it would depend on how the officer felt at the time. I think if there was no doubt you we’re justified in the defensive use, then yes you would get it back.

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    Oh boy, here we go again.

    Yes, your firearm can be taken as evidence if there is reasonable suspicion that a crime has occured.
    The 5th amendment deals with seizure of property, this is not a siezure. It is temporary custody of an article for the investigation of a crime. If they intended to keep it, then this would apply.

    No police dept worth a dime keeps evidence such as a firearm in a plastic bag. It goes in a waxed cardboard box, zipped tied to the box. Maybe they did this way back when, but times have changed.

    Also, why would they want to keep it any longer than they have to? I dont want your junk cluttering up the property room. Its tough enough to hang on to the stuff I need.
    No, the officers dont get to keep stuff they take. It all gets destroyed. So there is no reason for the police to keep it any longer than they have to.
    Now, the court can order the the property to be held and destroyed. A lot of judges do this to cover their own hides, but the police dont get to "keep" it.
    "Just blame Sixto"

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    Member Array AlongcameJones's Avatar
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    Quote Originally Posted by SIXTO View Post
    Oh boy, here we go again.

    Yes, your firearm can be taken as evidence if there is reasonable suspicion that a crime has occured.
    The 5th amendment deals with seizure of property, this is not a siezure. It is temporary custody of an article for the investigation of a crime. If they intended to keep it, then this would apply.

    No police dept worth a dime keeps evidence such as a firearm in a plastic bag. It goes in a waxed cardboard box, zipped tied to the box. Maybe they did this way back when, but times have changed.

    Also, why would they want to keep it any longer than they have to? I dont want your junk cluttering up the property room. Its tough enough to hang on to the stuff I need.
    No, the officers dont get to keep stuff they take. It all gets destroyed. So there is no reason for the police to keep it any longer than they have to.
    Now, the court can order the the property to be held and destroyed. A lot of judges do this to cover their own hides, but the police dont get to "keep" it.
    Makes scense SIXTO, but a judge distroying my beloved MK9 to cover his legal decision (butt) makes me cringe. Another means of permanently removing my 2nd Amen property through temporary custody.

  14. #14
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    Quote Originally Posted by AlongcameJones View Post
    Makes scense SIXTO, but a judge distroying my beloved MK9 to cover his legal decision (butt) makes me cringe. Another means of permanently removing my 2nd Amen property through temporary custody.
    ...but it went through the legal process and an elected judge makes that choice, not the police.
    "Just blame Sixto"

  15. #15
    Ex Member Array FN1910's Avatar
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    If I am involved in a shooting I really don't think that I am going to be worried about my gun. I agree that I would probably want it back but probably have to sell it to pay the lawyer fees. If I am worried about the cost of a gun that just saved my life I think that I have my priorities in the wrong place. Think about the air bag in your car, $1,000 to replace it but if you walk away from a collision and it saved your life is that what is on your mind?

    I suspect that if you talk to people that have been involved in this situation they normally get their gun back long before they get over the experience whether it was justified or not.

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