Legal to carry after confiscation?

Legal to carry after confiscation?

This is a discussion on Legal to carry after confiscation? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I understand it's common practice for LEO's to confiscate any weapon after a shooting. I also Know how I feel to be without my carry ...

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Thread: Legal to carry after confiscation?

  1. #1
    VIP Member Array JAT40's Avatar
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    Legal to carry after confiscation?

    I understand it's common practice for LEO's to confiscate any weapon after a shooting. I also Know how I feel to be without my carry piece, can I still lawfully carry my back up? or go buy a new weapon? The shooting of course would be justifiable act of self defence, and I may not see my "precious" for months.


  2. #2
    VIP Member Array Kerbouchard's Avatar
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    Assuming no proteticive orders or charges, yes, it would be legal to carry after your gun was conviscated for evidence.
    There are two sides to every issue: one side is right and the other is wrong, but the middle is always evil.

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    If they havent taken your permit, then you should be good to go.
    In some places it is standard procedure to confinscate both the gun and the permit until after the disposition of the case.It some cases though, it could take years.
    I would rather stand against the cannons of the wicked than against the prayers of the righteous.


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    VIP Member Array David in FL's Avatar
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    In most states, the license isn't tied to a particular firearm, so unless your license was also suspended pending the conclusion of the investigation, you'd be completely within your rights to carry another weapon while waiting for yours to be returned.

    I have no idea of the logistics involved in the few states where the license specifies a particular weapon.......
    "Far better it is to dare mighty things, to win glorious triumphs, even though checkered by failure than to rank with those poor spirits who neither enjoy much nor suffer much, because they live in a grey twilight that knows not victory nor defeat."

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    If you are ever involved in a shooting it would probably be wise to contact an attorney even if outwardly the shooting appears to be completely justified.
    That would be a good question to ask your lawyer.
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    Member Array chiboxer's Avatar
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    I know in my state, any time there is a shooting the gun is taken and inventoried as evidence. Assuming you are cleared you would be returned your firearm (eventually). One buddy of mine had an off-duty shooting and didn't get his gun back for three years!
    Si vis pacem, parabellum

  7. #7
    VIP Member Array dukalmighty's Avatar
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    As long as your license isn't suspended or canceled you can carry,if you are in a shooting and it looks like you will be charged with a crime the officer has probably already taken your license and it is illegal to carry concealed without a license in your immediate posession
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
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    VIP Member Array automatic slim's Avatar
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    Depends on your state. Some states require a seperate permit for each gun, others allow only a certain caliber of gun to be carried, such as in New Mexico, If you qualify with a 9mm, you may carry a 9mm or smaller but nothing larger. In other states you may carry anything once you have a permit.
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  9. #9
    Ex Member Array FN1910's Avatar
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    I like guns but would never refer to on as "My Precious". That is as bad as the fellow on the presidential debate asking them what are you going to do to protect my baby and really gives the anti-gun crowd ammunition. If you are involved in a legal case you gun will be impounded until the case has been totally cleared and that could be years. During that time you may or may not be allowed to carry or even own another gun.

    In the case you describe as you are shooting someone even if it is a justifiable act of self-defense you will probably not be allowed to even have a gun in the house with you until the case is over. This would include guns owned by your wife or parents. It may be a clear case to you but the DA and judge may not see it as that and more than likely out on bond will prohibit you from being around guns.

  10. #10
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    Honestly, the question is moot at best.

    So much is dependent on the specific facts regarding a shooting that it would be best to leave this question for that unfortunate occasion should it happen and as QK said, your attorney.
    ALWAYS carry! - NEVER tell!

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  11. #11
    Senior Member Array KenInColo's Avatar
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    After a shooting, the gun is confiscated for evidence, i.e. ballistics tests. Don't see any reason you couldn't continue to carry another gun unless the authorities tell you you can't.
    An armed populace are called citizens.
    An unarmed populace are called subjects.

  12. #12
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    In the case you describe as you are shooting someone even if it is a justifiable act of self-defense you will probably not be allowed to even have a gun in the house with you until the case is over. This would include guns owned by your wife or parents. It may be a clear case to you but the DA and judge may not see it as that and more than likely out on bond will prohibit you from being around guns.
    Is that fact or speculation?
    I've known several shootiers that fired in self defense and none of them had to turn in any guns other than the one they used.

    There is so much difference in state law that what we say really dosent matter. Only the law in the state where it happened applies.
    I would rather stand against the cannons of the wicked than against the prayers of the righteous.


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  13. #13
    Member Array ktphotog's Avatar
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    carry after confiscation...

    I agree with Thumper. There are too many variables to give a definite answer here.

    However, beware because in some states/jurisdictions it is illegal to even have access to a gun (includes other people's guns in the house) if you are under indictment or investigation for any violent incident.

    Temporary suspension of your 2nd amendment right is also a standard part of most bail or RPO (Release on Personal Recognizance) agreements, since you should expect to be arrested until they get everything sorted out.

  14. #14
    VIP Member Array Kerbouchard's Avatar
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    Quote Originally Posted by HotGuns View Post
    Is that fact or speculation?
    I've known several shootiers that fired in self defense and none of them had to turn in any guns other than the one they used.

    There is so much difference in state law that what we say really dosent matter. Only the law in the state where it happened applies.
    It was speculation. I know of cases in TX where the gun used was not even confiscated.
    There are two sides to every issue: one side is right and the other is wrong, but the middle is always evil.

    http://miscmusings.townhall.com/

    Who is John Galt?

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