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Discussion Starter #1
Just curious,

In another thread referring to lawyer selection in case of a shooting Erich gave us some real good advise. If you haven't read the thread "when you need a lawyer fast" I recommend you do so. while reading it something else crossed my mind.

I realize that in the unfortunate event of a shooting that my weapon would be seized for investigative purposes. What then? Do you get back? How much red tape do have to cut through?

In the event of a shooting, if police arrive on the scene quickly obviously you wouldn't have the opportunity to do this but I have thought about locking my weapon in my safe (if I were at home) or in my vehicle ( after I was sure the threat was neutralized) and telling the authorities when they arrived that I was willing to cooperate but that I wanted an attorney. then tell them where my weapon is and tell them that I will relinquish it to my lawyer when he arrives.

This may sound like paranoia or maybe even overkill but I've never been in the situation before. (hopefully never will!) but I was just curious.
 

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When the cops come, they are going to want the weapon. They will ask where it is, and you will tell them. You really don't want to lie about this.

You should get the gun back, but it may be awhile.
 

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Discussion Starter #3
Freedom Doc

I'm sure their going to want the weapon. And I dont have any intentions of misleading with regaurd to where it is. But if it were locked up, and I would rather relinquish it to my lawyer first can they make me relinquish it without getting some type of warrent. like I said this may not even be necessary. I am generally trusting of LEO's but you never know.
 

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In the scenario that you are talking about the officers in my opinion are going to consider the scene still active until they have all the weapons in their control so they will take the gun
 

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They will take it.

If the shooting is later found to be justified you will get it back, unless you are in some retarded jurisdiction.

Red tape involved in getting it back can range from the nonexistent: "give them this receipt at the property desk" to the Kafkaesque.

Better than not being able to get it back, and either beats being dead...
 

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Please don't lock it away and refuse to give it to them. You are only going to create more problems that you don't need.
Mike
 

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mike_1 said:
Please don't lock it away and refuse to give it to them. You are only going to create more problems that you don't need.
Mike
Exactly. The weapon in question will need to be in the chain of custody. You will need to surrender it to the PD.
 

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mike_1 said:
Please don't lock it away and refuse to give it to them. You are only going to create more problems that you don't need.
Mike

I agree, give them the weapon, you may have to go through a bunch of red tape to get it back, but it's better then being charged with, obstruction of justice.
 

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ENSANE1970 said:
I agree, give them the weapon, you may have to go through a bunch of red tape to get it back, but it's better then being charged with, obstruction of justice.
Exactly what I was thinking. You beat me to it!
 

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Yup. Give them the weapon.

First off, if you refuse to hand it over to them you may well be charge with obstruction of justice. Second, they can do a search without a warrant if they have "probable cause," which means that they can tear your house apart, rip out your gunsafe, and take the whole thing with them if they want! Finally, your uncooperative nature is going to make it MORE likely that you are charged with something, and is going to be twisted by a prosecutor to convince a jury that you had something to hide--probably knew the shooting was unjustified and that's why you tried to hide evidence of your crime!

Refusing to turn the gun over to them is only going to make it worse for you in the long run, possibly MUCH worse! Don't do it.
 

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The Officers WILL take the gun at the least , and likely you into custody . The gun will not be cleaned and depending on the training dates / levels of the officer the collecting officers initials may well be scratched into the finish somewhere ( this used to be sop so the officer can readily id the piece of evidence in court , however better and more modern trained officers have discovered recording serial numbers LOL ) The firearm will be bagged " as is " either in a plastic evidence bag , or if it has blowback ect. on it in paper where the blood ect may well do bad things to your baby . There is no fix for this , as the gun will be preserved as it was on scene due to evidentiary concerns . Sorry but that is the way its going to work in any jurisdiction i eaver heard of . Do NOT wipe down ect... the firearm since the trace evidince will tend to confirm some of your story , and changes to trace are detectable , putting your entire story at risk since you attempted to get the trace to lie to the lab .
 

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I am very surprised to read so many posts like this one.

If you SHOOT somebody... the last worry on my mind will be "When do I get my gun back". If I shoot someone, and the police take my weapon, then I could care less when I get it back, if I ever get it back justified or not. Its not like I want to carve a notch in the handle of it. They can keep it... in my mind, that gun has killed someone and its tainted now. It would serve as a good excuse to go get another H&K and start anew.

If you had some $3,000 match grade custom 1911, then I understand wanting it back, because it gets to be a collectors item and thus irreplaceable... but a sub $1,000 pistol. I will not be worried if I dont get it back.
 

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Important To Remember

Any fatal shooting...even a Self~Defense shooting IS considered to be a Homicide until it is determined to be a justified shooting.

So your firearm will be part of a Homicide Investigation (Yours) :yup: until the authorities are finished with it and you are cleared of homicide.


Sorry but, in a fatal shooting you are going to be the the target of a homicide investigation.
In other words...the police are going to arrive on the scene and you are Instantly a Murder suspect until the investigation proves that you're NOT.
And you're going tell them you're not going give them your firearm?

You're going to lock it up & have them do paperwork with your lawyer to make sure you get your gun back?

It just doesn't work that way guy.

You do not lock your gun in the safe and you do not lock your gun in the car and then dictate your terms to the police investigators. :nono:

How would you like to get charged with hindering a homicide investigation?
Possible tampering with evidence...maybe.
Removing a weapon from a crime scene.

The very LAST thing in the world you'll be worried about is getting your firearm back.

I'd be far more worried about how they are going to rip the entire contents of your living quarters apart should they even suspect that you are playing funny games impeding their investigation.
 

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They can keep it... in my mind, that gun has killed someone and its tainted now.
Sorry but I take the other tac on that , That gun has saved me and I damm well get it back no matter the effort or cost . I may well never carry it again ( most likely its been replaced before it can be released ) but it will come home , if only to be a wallhanger in a shadow box .. It didnt let me down , and I wont let it be crushed or scrapped as is the fashon of disposal nowdays . It didnt kill anyone , Someone put my life in danger and i used it to bail my butt out of that danger , Good tools should be cared for , and that would imho be a proven tool .
 

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in my mind, that gun has killed someone and its tainted now.
This is convoluted logic. The shooter killed someone, not the gun. The gun is only a tool, an inanimate object. It doesn't have a brain or central nervous system. The gun doesn't possess qualities like sorrow, guilt, remorse or any other human traits, so how can it be "tainted"?
 

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Captain Crunch Just For Your Information. :~)

Bad Ju~Ju ~ Demon Possessed.
The angry spirit of the deceased victim becomes trapped inside the object which caused his or her destruction & resides in there its only purpose being to curse the owner of the object and befall horrific bad luck and beget great misery and ill health on the person until such person should also wither, shrivel, and die like a rose plucked by the cold maggoty hand of the Grim Reaper.
 

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All answers already given but yes - the gun is inevitably evidence and could well be held until after the case has gone to court. Getting it back later if you are exhonorated will be down to state and local level policies etc, as to whether sooner or later.

We have to realize that our carry piece has to be in part ''expendable'' - at least for the duration if it is ever used. Some folks use that as a way to justify a cheapie piece so loss is minimal.

I tend to work on the stat's - knowing that I have every chance hopefully of never using mine in anger and so carry what is best for me - even tho in value terms it would be a very unhappy loss.
 

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Hello were from the Government, Were here to help you. Now give the nice Policemen your Gun. Sound Familiar?
 

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Hello were from the Government, Were here to help you. Now give the nice Policemen your Gun. Sound Familiar?
I shouldnt respond to this ..... but I will ........

Enigmaone , I really hope you never have contact with an actual felony investigation . In point of fact IMHO you need a bit more grounding in reality. Now you do whateaver you want but i will suggest you take / retake a good self defense related training course from about anyone and LISTEN to them . I wont get into a discussion of your issues here ( its inapproprate for the standards set and maintained by this forum ) but please get a bit of training .. Thanks in advance for reading my somewhat long winded response .
 
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