I was simply wondering out of idle curiosity what are the chances of gettin a gun back after(god forbid,i hope it never comes to that)a lawful self defense shooting? I'm talking lets say you were found lawfully in the right in the use of deadly force,and not charged with a crime. Would said gun be taken by police at the scene for ballistics tests? and if so when if ever would it be returned? I would assume being its legally my property and no crime was committed at this point is there any reason for the police to keep my gun?
I know a guy that works in the county Medical examiners' office, and he told me one time that they hold the gun to get ballistic samples from the weapon to match up with the story given to police; the gun is then kept under lock and key to prevent any alteration or cleaning should any further testing be required. Typically, the weapon is then held until resolution of the case, by trial or no-bill, then the owner of the firearm can file paperwork to have their property returned, upon approval of the DA and/or local LEO authorities.
That is how it worked out for a buddy of mine who was involved in a shooting here a few years ago; It took him about 30 days after the "no-bill" to get his pistol back.
That is how it worked out for a buddy of mine who was involved in a shooting here a few years ago; It took him about 30 days after the "no-bill" to get his pistol back.
I heard a story recently that a business owner in Dallas had 2 attempted break ins after hours. He fired both times, I believe killing 1 or 2 bad guys. This happened in only 3 weeks time. When the cops took his shotgun for evidence, people all over started taking up a collection for him to get another one. Especially since the newspaper was kind enough to give out the business name for any other bad guys to know.
The last two posts are 100% correct, but its impossible to directly answer your questions because there are so many variables that come into play. If its a simple clean shooting, you should get the gun back just as soon as the GJ/prosecutor clears you.
The last two posts are 100% correct, but its impossible to directly answer your questions because there are so many variables that come into play. If its a simple clean shooting, you should get the gun back just as soon as the GJ/prosecutor clears you.
Back in my LE days, we did this to establish & maintain the chain of evidence. That way, when the prosecutor enters the gun into evidence in court, and you're on the witness stand, he can show you the gun and ask "Officer, is this the weapon you seized from the defendant"?
And you say, "Yes, it is".
And he says, "How do you know that"?
And you say, "Those are my initials, date and case number inscribed on the frame and I inscribed them".
How about we put 'microstamping technology' to a good use for once... inscribing "Kilroy was here" can't be the only way to maintain the chain of evidence. There should be no need to destroy personal property.
Some jurisdictions are different. If we confiscate a firearm, we just read the serial number and enter that number into the official report. Then, a tag is placed on the weapon with the serial number and the officer's signature. A property voucher is also filled out with the serial number listed, and again, signed by the officer.
Defacing someone's personal property is never necessary, but I guess some jurisdictions feel the need. Probably because some attorney somewhere convinced a jury that an officer is not competent enough to read a number and copy it down correctly.
Just remember, no matter what your local PD does with your gun after a shoot, they will never treat it as anything other than evidence. This is why my CCW guns are newer in-production guns and easily replaceable. Guns with sentimental value stay in the safe.
Like Metro 40 said, some jurisdictions are different. The method I described was how we did it in Alaska in the 70s. It's also the procedure we followed in the Army CID. At the time of the seizure, we would have had no idea if the weapon would be used as evidence at some future time, but we would have had to assume it would be, and therefore we would have to establish a chain of custody.
BTW, this is a pic of Jack Ruby's Colt Cobra from a previous thread. You can clearly see the evidence markings on the frame, so obviously Texas followed this procedure in the 60s.
"Officer, is this the weapon you seized from the defendant?"
"Yes, it is."
"How do you know that?"
"Those are my initials... inscribed on the frame...".
Here in the PRC you can count on the gun being held EVEN IF no charges are filed. This is because, can you believe this, just in case a civil suit is filed!! As if the police have an obligation to assist a plaintiff in a civil suit. If I wasen't trapped here I'd leave this sewer pond in a hearbeat! :aargh4:
It took approximately 1.5 years to get back. Glock came back uncleaned without any markings on it other than the case number written on the frame with a paint pen.
Another took them same amount of time with no apparant markings on the Glock after being returned.
Last one has a case number engraved inside the magwell near the bevel.
Not an easy task in Milwaukee County Wisconsin. In many cases it will be cheaper to buy a new weapon as compared to cost of going to court to get it back. 3-4 hours of attorney fees can get you a nice one.
Maybe that is how they get their back up guns.... :yup:
It varies, but often times don't count on getting it back any time soon. Also if you HAVE to legally shoot in self defense it is good to have a second weapon, you don't want the "new black panthers"(LOL) or some other crazies coming after you.
In a legitimate self-defense shooting when no charges have been files what justification would there be for the government to take possession of anything? Especially in a State where you are also protected from civil action if the shooting was in self defense?
My brother told me that if you shoot someone they will take your gun and probably never give it back. He is not a cop anymore but was for a short period of time in Texas.
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