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Discussion Starter · #1 ·
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.
 

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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.
 

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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.

x2 ^^
 

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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
 

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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).
 

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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.
 

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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?
 

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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).
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.
 

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Discussion Starter · #9 ·
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.
 

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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.
 

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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
 

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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.
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. ;)
 

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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.
 

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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.
 

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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.
 

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In FL, yes, they can and probably will take your weapon until the investigation is over (and there is always one). At that point, assuming the shooting was ruled as justified, the weapon will be returned.

This is a good reason to have more than one firearm. They don't take your CWFL.
 

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Years ago a BG tried to rob my fathers store. What he didn't know is that mt grandfather was in the back room and had a revolver. Long story short, my grandfather killed the guy. Shooting was determined to be absolutely justified.
Now to the point: the gun my grandfather used was his fathers police service weapon. Very old. The police took that revolver and REPLACED it with a newer S&W because they didn't think the old weapon was safe to shoot. Think that would ever happen today? This was back in the 60's
 

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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.
this may be very true.....about confiscated guns, I don't think someone's SD use firearm is confiscated in this situation, its not the same as the police getting a gun from a drug dealer they bust on the streets

each state and even each local jurisdiction will have different processes for this situation
I know here we will take your weapon and ballistics tests are done to compare to bullets found, etc to put the whole story together if needed; typically if someone is no-billed by the grand jury then the person would get their weapon back, but if the grand jury wants investigation done then the weapon would be kept until things get cleared up
 

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I have seen evidence guns with initials carved in them, and I actually own one (I hate you, officer "GS" whoever you are). Most of the guns involved in investigations that I've seen had fingerprint powder or superglue reside all over them. When we used to buy confiscated guns that was common. I doubt that would be necessary in a defensive shooting case where all the participants were known.

One person who is a regular at the gunshop was involved in a good defensive shooting and got his gun, holster, ammo, and spent brass back about 4 months later. There was no marking on his gun or any damage from lab testing. I asked a LEO friend and he said it could be returned after there were no more pending court cases involving the owner and gun. After cleared by the Grand Jury or judge it can be returned.
 
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