Getting a gun back after a lawful SD shooting?

Getting a gun back after a lawful SD shooting?

This is a discussion on Getting a gun back after a lawful SD shooting? within the General Firearm Discussion forums, part of the Related Topics category; 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 ...

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Thread: Getting a gun back after a lawful SD shooting?

  1. #1
    Senior Member Array 1911luver's Avatar
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    Getting a gun back after a lawful SD shooting?

    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?


  2. #2
    VIP Member Array Kerbouchard's Avatar
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    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.
    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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    VIP Member Array edr9x23super's Avatar
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    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.
    "Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined". - Patrick Henry

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    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.
    "Just blame Sixto"

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    Distinguished Member Array morintp's Avatar
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    Which is why everyone should own more than one handgun.

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    Quote Originally Posted by SIXTO View Post
    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.


    When you’re wounded and left on Afghanistan’s plains,
    And the women come out to cut up what remains,
    Just roll to your rifle and blow out your brains,
    And go to your God like a soldier.

    Rudyard Kipling


    Terry

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    Quote Originally Posted by Captain Crunch View Post
    [/B]

    And probably with the police officer's initials and case number etched into the frame or slide.
    I hope you are joking...

    Quote Originally Posted by morintp View Post
    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!
    RichB70 likes this.
    The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.

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    Senior Member Array 1911luver's Avatar
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    captain crunch I hope your joking,please tell me you are.

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    Quote Originally Posted by Captain Crunch View Post
    [/B]

    And probably with the police officer's initials and case number etched into the frame or slide.
    Quote Originally Posted by retsupt99 View Post
    I hope you are joking...
    Quote Originally Posted by 1911luver View Post
    captain crunch I hope your joking,please tell me you are.
    I don't think he is, guys.

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    Senior Member Array DMan's Avatar
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    Quote Originally Posted by retsupt99 View Post
    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.
    "Gun Free Zones" is where only criminals carry guns.

  11. #11
    Senior Member Array flagflyfish's Avatar
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    Might just leave them!!
    Kinda like notches in the handle back in the wild west days!
    "These are the times that try men's souls. The summer soldier
    and the sunshine patriot will, in this crisis, shrink from the
    service of his country; but he that stands it now, deserves the
    love and thanks of man and woman."

    -- Thomas Paine (The American Crisis, No. 1, 19 December 1776)

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

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    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".


    When you’re wounded and left on Afghanistan’s plains,
    And the women come out to cut up what remains,
    Just roll to your rifle and blow out your brains,
    And go to your God like a soldier.

    Rudyard Kipling


    Terry

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    Senior Member Array stanislaskasava's Avatar
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    Quote Originally Posted by Captain Crunch View Post
    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.

  15. #15
    Senior Member Array Vaquero 45's Avatar
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    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.
    Slow is smooth.....smooth is fast.

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