After You Defend Yourself......

After You Defend Yourself......

This is a discussion on After You Defend Yourself...... within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Last night a local mom & pop pharmacy was robbed by two teenagers, one with a small caliber pistol. One of the robbers fired the ...

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Thread: After You Defend Yourself......

  1. #1
    Senior Member Array Sig229's Avatar
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    Question After You Defend Yourself......

    Last night a local mom & pop pharmacy was robbed by two teenagers, one with a small caliber pistol.

    One of the robbers fired the pistol at the store clerk but did not hit anyone.

    Since I go to this pharmacy once or twice a month, I got to thinking.

    If I were in that store at the time of the robbery, and I drew and fired ending the threat in the store, what would happen to my weapon once the police came?

    In my state, I doubt any charges would be filed against me for defending myself and the employees.

    But my main question is, would the police take my weapon and use it for evidence?
    Would I ever get my weapon back?

    Your thoughts please.


  2. #2
    Senior Member Array JohnK87's Avatar
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    They would take your weapon into evidence. If no charges are filed, you should be able to get it back. That might take months.
    ‎An enemy of liberty is no friend of mine. I do not owe respect to anyone who would enslave me by government force, nor is it wise for such a person to expect it. -- Isaiah Amberay

  3. #3
    VIP Member Array 9MMare's Avatar
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    Quote Originally Posted by JohnK87 View Post
    They would take your weapon into evidence. If no charges are filed, you should be able to get it back. That might take months.

    x2 ^^
    Fortune favors the bold.

    Freedom doesn't mean safe, it means free.

    The thing about "defense" is that it has practically nothing to do with guns. (As passed on by CCW9MM)

  4. #4
    VIP Member Array 9MMare's Avatar
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    Sig, here is a thread that goes into major details about the possibilities in that scenario, and the legal ramifications.

    It's from another forum, I hope it's ok to post it here. I found this thread very helpful in developing my thoughts on this type of scenario and my involvement in any 2nd party lethal threat scenario.

    Caught in an Armed Robbery - THR
    Fortune favors the bold.

    Freedom doesn't mean safe, it means free.

    The thing about "defense" is that it has practically nothing to do with guns. (As passed on by CCW9MM)

  5. #5
    Distinguished Member Array sniper58's Avatar
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    In Albuquerque, you need to make sure your wishes are in the police report and, if you go to court and exonerated, make sure your wishes are in the judge's ruling. Even then (or perhaps by then), your gun is probably gone - destroyed. Sure, you'll get an apology and maybe money, but that's the way it is here (according to several LEO's, several attorneys and people who've been through the system).
    Tim
    BE PREPARED - Noah didn't build the Ark when it was raining!
    Si vis pacem, para bellum
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  6. #6
    VIP Member Array TN_Mike's Avatar
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    Yep, best case scenario would be that you don't get charged with any criminal offence and if God is really happy with you, maybe you don't get sued either. And then you might get your gun back in 6 months to a year.

    This is the main reason I have more than one gun that I am very proficient with and have carry rigs for. If for some reason my gun is taken as evidence after a good shoot, I have another, or three, I can choose from to carry until I get my main gun back.
    ,=====o00o _
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  7. #7
    VIP Member Array 9MMare's Avatar
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    I've never heard your gun might be destroyed. Can anyone give me more info on that? Is it only NM?
    Fortune favors the bold.

    Freedom doesn't mean safe, it means free.

    The thing about "defense" is that it has practically nothing to do with guns. (As passed on by CCW9MM)

  8. #8
    VIP Member Array rottkeeper's Avatar
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    Quote Originally Posted by sniper58 View Post
    In Albuquerque, you need to make sure your wishes are in the police report and, if you go to court and exonerated, make sure your wishes are in the judge's ruling. Even then (or perhaps by then), your gun is probably gone - destroyed. Sure, you'll get an apology and maybe money, but that's the way it is here (according to several LEO's, several attorneys and people who've been through the system).
    No offense but I don't buy that. If you are not convicted of a crime they have to give your property back if there are no more criminal charges pending. Therefore it is no longer evidence and can't be withheld.

    If not you have a basis for a civil suit.
    For as the lightning comes from the east and flashes to the west, so also will the coming of the son of man be. Mathew 24:27

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  9. #9
    Senior Member Array Sig229's Avatar
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    Quote Originally Posted by 9MMare View Post
    Sig, here is a thread that goes into major details about the possibilities in that scenario, and the legal ramifications.

    It's from another forum, I hope it's ok to post it here. I found this thread very helpful in developing my thoughts on this type of scenario and my involvement in any 2nd party lethal threat scenario.

    Caught in an Armed Robbery - THR
    Thanks, that was a good read.

  10. #10
    Member Array Intrepid's Avatar
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    In Colorado, they would take your weapon and hold it as evidence. If the officer believes you are justified to use deadly force, he'll let you go pending charges. After you are cleared by the DA, you'll get the gun back.

  11. #11
    Senior Member Array DIABLO9489's Avatar
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    I was talking to an employee at my local gun store who was telling me about what happened when he had his Beretta .25 stolen from his house and it was used in the commission of a crime. He said he eventually got his gun back but it had the case/evidence number engraved into the frame. Not sure if the same would apply to a justified self defense shooting. Just thought I would let you know what could happen
    Colt New Agent, Dan Wesson V-Bob, Glock 19,20SF, 23, 26, 27, 29, 30SF, 36, Kahr P380 w/CT, PM9, PM45, CW9(SOLD), Kel-Tec P32, P3AT, PF9(SOLD), Kimber Ultra Crimson Carry II, Stainless Pro TLE/RL II (SOLD), Rohrbaugh R9s, Ruger LCP w/CT, LCR, SP101 S&W J-Frame 638 w/CT, M&P 340 w/CT, Walther PPK/S

  12. #12
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    Quote Originally Posted by Intrepid View Post
    In Colorado, they would take your weapon and hold it as evidence. If the officer believes you are justified to use deadly force, he'll let you go pending charges. After you are cleared by the DA, you'll get the gun back.
    Unless of course you were in Denver. I've read stories and spoken with some credible sources as to Denver's policies and practices that almost mirror Sniper58's account. And those instances where the gun was destroyed before the owner could get it back weren't even for shooting offenses. They were simply given a check for a prorated amount of the gun.
    I'm sure you could pursue some litigation if you could afford it and were so inclined....but I'm sure they play the odd's game figuriing most can't and or wont.

    Which is a nice segway for my advice to anyone who owns a gun. Even if you don't have the ability to carry a gun but still own a gun for HD, you NEED to find a GOOD attorney in your neck of the woods who specializes in gun related cases! Talk to an FFL or a local shooting organization and ask around to see what's out there. After that do a bit of research on the information you're given and make a choice. Once you do make a choice I'd also advise making contact with that atty (which might invlove a consulting fee) and putting all of that atty's info (IE: business card) in a few places. Such as wallets, cars and flie's at home.
    Odd's are you'll never need that info and help, but it's better to be prepared just in case. ;)

  13. #13
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    Odds are that in a defensive shooting, once everything is cleared up, you should get your gun back. Unfortunately, what should and what does happen are not always the same thing. That is why I have more than 1 carry gun. My thoughts are that if I use my gun, it is gone for good. If I get it back I'm happy, if not, I'm still armed.

  14. #14
    Member Array mfcmb's Avatar
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    Quote Originally Posted by rottkeeper View Post
    No offense but I don't buy that. If you are not convicted of a crime they have to give your property back if there are no more criminal charges pending. Therefore it is no longer evidence and can't be withheld. If not you have a basis for a civil suit.
    My NM CCW instructor, who is an attorney and ex NM LEO, went to some length to warn us that it is the practice of the Abuquerque city police department to be very aggressive about destroying confiscated guns and very reticent to give them back, and that if you want a chance of someday getting your gun back you must do exactly as sniper58 said -- and pray. Further, with rare exceptions the laws of each state say you can't sue a government organization or people in their employ (see the book "Dial 9111 and Die" for a complete explanation). Don't like it. Don't think it's fair. But apparently that's the way it is.
    In the heat of the moment, what matters is what your body knows -- not what your mind knows.

  15. #15
    Distinguished Member Array Rugergirl's Avatar
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    I would be afraid, and probably either very ticked off, or in tears to see what condition my baby could be in, if one were ever confiscated for evidence.
    From what I hear, investigators don't exactly care for them like we do. I literally can sleep if there is a dirty gun in the house, it must be cleaned, polished, free from any dust, fingerprints, skin oils etc.
    I've heard horror stories of dirty guns, scratched guns, rust and worse.
    Disclaimer: The posts made by this member are only the members opinion, not a reflection on anyone else, nor the group, and should not be cause for anyone to get their undergarments wedged in an uncomfortable position.

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