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Police Return Gun After Shooting?

2K views 29 replies 18 participants last post by  Harold Fastwaker 
#1 ·
User "Janq" mentioned this in a previous thread, but I've read it in many others as well. In a shooting, the weapons involved are seized, of course. However, I'm curious if anyone knows from personal or second-hand knowledge if you ever get your gun back once the investigation and trial is over (assuming you're found innocent).

My immediate notion would be that you would, but I thought I'd ask. I'm sure some of you are in law enforcement or have been involved in shootings...
 
#2 ·
I have known of one person that fired off his weapon while intoxicated and fighting with girlfriend. He got it taken away, but he did get it back later minus one CWL.:buttkick: Alcohol and guns don't mix! The guy was a dumba$$
 
#3 ·
Our local PD will return the weapon after ballistics checks and verifying that it is not stolen, and only IF the shooting appears clean. If there is any question as to the legality of the shooting, it is held as evidence until the legal questions have been answered favorably or the case is adjudicated and the owner acquitted.
 
#4 ·
Yes, you will get it back. Some departments may return it during the investigation (and likely ask that you not sell/dispose of it), but all must return it when the investigation is completed. To keep the weapon indefinitely would constitute an illegal seizure and, IMO, a violation of Fourth Amendment rights.
 
#5 ·
Spent 35 yrs in law enforcement and conducted hundreds of shooting investigations. The answer to your question is "it depends". If it's a legit shooting and the owner is in legal possession of the firearm then the firearm is usually returned. If the shooting goes to a criminal trial where the firearm is entered as evidence then it's up to the judge to determine disposition of the firearm regardless of the outcome of the trial. It requires a court order to forfeit the firearm. The order will be specific as to the disposition of the firearm.
 
#6 ·
Hmmm. Makes me want to carry my Glock instead of that EMP I've been eyeing...

Reminds me of that old saying "Kimber is what you show your friends, Glock is what you show your enemies."
 
#7 ·
Also consider that, according to a Mas Ayoob article I read, if an investigation is undertaken the gun will be held as evidence until no longer needed and thus it might be necessary to engrave the slide with a case number.
Not pretty on that heirloom quality 1911 you might have been packing.
 
#8 ·
It does gives some thought as to your EDC. Personally, I end up carrying my less expensive guns. I'm not saying I'm trusting my life with a "cheap" gun, just less expensive than, say, a nice 1911.

I know there all quite a few people out there that carry a 1911 type gun, heck I wouldn't mind doing it, either. I'm sure many of you probably won't be in a shooting, but you carry because of "what you may have to do." But it does make one consider a 1911 with less bells & whistles.
 
#9 ·
I asked this question once as well, because I didn't want to put hundreds of dollars into my gun only to have it taken away after I've needed it and never returned.

The general idea is that as long as the shooting was justified and they don't need it anymore for the investigation then it will be returned to you (HOPEFULLY in the condition in which you submitted it to them).
 
#10 ·
As long as there is any legal issue possible, you probably won't get your gun back. When a case is disposed of, some departments still aren't going to want to give it back. It may be lost, they may tell you that your attorney needs to contact them, or they may just tell you no. The gun will just be sitting in a bin/safe somewhere. It will not be properly cared for, it will not be cleaned. You may get your gun back with rust or other damage. It will likely be marked in some way.

Simply put, if you can't afford to replace the gun you probably shouldn't be carrying it.
 
#11 ·
You really do have to carry what makes you feel safe though. If that's a 1911 that your Grandaddy carried in WW2 then so be it.
Guns age, just carrying them ages them, being told to drop your weapon NOW on hard concrete by a responding LEO ages them, getting thrown in a safe at the PD ages them.
But if we carry a beater that isn't reliable because we're worried about dinging the better guns then we are defeating the object.
I have powertools that cost more than I want to admit, they get used hard and although I look after them they show signs of that use. But that is absolutely fine by me, that is what they are for - using.
 
#12 ·
You really do have to carry what makes you feel safe though. If that's a 1911 that your Grandaddy carried in WW2 then so be it.
Guns age, just carrying them ages them, being told to drop your weapon NOW on hard concrete by a responding LEO ages them, getting thrown in a safe at the PD ages them.
You know what they say, when you buy a gun for carry you might as well take it to a gravel parking lot and throw it like a skipping stone and get it over with.

I'm getting my slide reblasted to take out the holster marks on the front of the slide and the half-moon marks from where the previous owner slipped and gouged the slide with the slide stop.

It will look pretty again but probably only for a short time. Soon it will start to get dinged again and that's fine with me. I just wanted a few short months of beauty. :smile:
 
#14 ·
You will probably get you gun back eventually, but it could take a very long time. I wouldn't expect it back in anything less than several months, and wouldn't be surprised if it took a couple of years. I also wouldn't be surprised if it was not well cared for in the time that it was in police custody, and I have heard of confiscated guns being "lost."

I would not choose an heirloom gun as an EDC.
 
#23 ·
#16 ·
From personal experience ( with my cousins case which is pretty well here if you search for it ) it takes about a year to get the guns back from the state crime lab and into the estates possession . They will not be cleaned or cared for in that time .

Edited to add : had he not been killed in the incident it would have been much longer . If a gun is used just consider the value of it as lost , it may well come back but if so it will be so long a time to just consider it gone .
 
#17 ·
I'm certainly not suggesting one use a sub-par gun to protect their life & of loved ones.

I'm merely saying that certain guns, particularly souped up 1911s with "all the bells & whistles" are maybe better range guns, than EDCs. I'm sure a $1K or less 1911 is just as effective for SD as a $2K+ one, that's all.

My life's worth more than any gun I can buy (To me, at least), but a Glock whatever, XD, or one of the plainer 1911s (Both Kimber & Springfield Armory makes some good 1K or less guns), would do just as well in a SD scenario. IMHO.
 
#19 ·
cockedlocked01 You hit the nail on the head , i have some nice guns , but my carry gun(s ) are pistols that are both resistant to abuse , and guns i am willing to loose . For me the Kahr line offers what i want as what i can afford to walk away from . I would love to have one of Chris's little pocket rockets ( roraghbaugh ) but am not willing to have one as a safe queen , nor am i willing to possibly subject it to the abuse of an evidince room .
 
#21 ·
I hate the old line of "How much is your life worth?" It seems that it is often used by those that choose extraordinarily expensive pistols as a way to look down on those that choose something less expensive.

Simply put, there is nothing better about a $2000 Ed Brown pistol when compared to a Glock, XD, Sig, etc. when it comes to defensive use. You may shoot the 1911 style better. But, combat accuracy isn't bullseye shooting and any well made firearm will do well enough. You may choose to arm yourself with any pistol you wish. If you find comfort in having a custom pistol based on JMB's design, more power to you. But, that isn't going to be my choice- and the value of my life has nothing to do with it.
 
#22 ·
I'll relate a similar, but not identical scenario that I found myself in:

Back when I was at Fort Lewis (early-mid 1990s), my house was burglarized. Among the things stolen was a Winchester 1300 and a Grendel (precursor to the Kel-Tec) .380 (hey, I was a poor junior enlisted!). All police reports were duly submitted, and I followed up with them for a few months to see if anything was recovered. I got the usual "we'll let you know if anything turns up" line.

About a year later, I got a letter from the Pierce County Sheriffs Office...they were updating their database and wanted me to verify all the serial numbers of the things that had been stolen in the burglary.

As I was looking through the papers, I noticed that my 1300 had been checked "recovered" some 4 months earlier! No notice to me, no phone call, no letter, no nothing. Had they not been updating their info, and had I not noticed the small print on the serial number form, I would never have known that the SO had been holding my shotgun for more than 120 days....

After a bunch of calls, and a visit to the County building where they made me feel like the criminal, I got my 1300 back. Bottom line, from my very limited experience – don’t count on the local PD to be proactive in getting your property back to you. You may find the good, active, responsible guy that will make sure the law abiding citizen is not screwed over…but then again, you may not.
 
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