Getting a gun back after a lawful SD shooting?

[1911luver]

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?

[DefensiveCarry.com]

[Kerbouchard]

It completely depends, by state and by situation.

In TX, not too long ago, a homeowner shot a guy in the back with a shotgun...the police didn't even take his shotgun.

Most likely, it will be held as evidence until the Grand Jury rules on the case, or the trial is over.

After that, there is a good/marginal possibility of retrieving the weapon.

Good vs marginal would depend on the location/situation.

[edr9x23super]

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.

[SIXTO]

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.

[morintp]

Which is why everyone should own more than one handgun.

[Captain Crunch]

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.

And probably with the police officer's initials and case number etched into the frame or slide.

[retsupt99]

[/B]

And probably with the police officer's initials and case number etched into the frame or slide.

I hope you are joking...

Which is why everyone should own more than one handgun.

Several...for just this reason.
...and when traveling, I take an extra one or two for the same reason...

Stay armed...don't leave home (vacation) without at least 2...stay safe!

[1911luver]

captain crunch I hope your joking,please tell me you are.

[falcon1]

[/B]

And probably with the police officer's initials and case number etched into the frame or slide.

I hope you are joking...

captain crunch I hope your joking,please tell me you are.

I don't think he is, guys.

[DMan]

I hope you are joking...

No, he isn't. A friend of mine actually acquired a glock with this done to it. He sent it, and they returned it, all buffed out and cleaned up - never could tell that the scratch evidence markings were there.

I won't promise they will all be that way however.

[flagflyfish]

Might just leave them!!
Kinda like notches in the handle back in the wild west days!

[dogrunner]

He is NOT kidding, and believe me, there are some really ham handed and penmanship challenged evidence tech's out there!!!!

[Captain Crunch]

Thanks, guys, and no, I was not kidding.

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".

[stanislaskasava]

Thanks, guys, and no, I was not kidding.

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.

[Vaquero 45]

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.