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Discussion Starter #1
What is the expectation a person should have if a situation were to force the person to defend their life and shoot the BG. The BG goes down and is dead.

LEOs arrive, the GG of course is waiting there, situation is explained, etc. LEOs determine GG is justified.

Is the expectation that the gun used to shoot BG will be confiscated for evidence? I am thinking yes.

So what about if GG has a BUG? I would think LEOs would know about 2nd gun through questioning the GG. Assume BUG had zero role in the situation and was never unhosltered or even revealed during the initial situation. Would that gun be confiscated also, or should GG expect to go home with it?
 

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good question. I would think it depended on
what the officer's opinion was that was handling
the scene or that was questioning the GG if the BUG
went. Maybe they would take it from GG then give it
back after questioning was over. Maybe a LEO or someone
that has been in this situation can answer this one correctly
 

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The gun used in the shooting is going to be confiscated, no doubt.

If no charges are filed and you are not taken into custody, you should get to go home with the BUG. There is no forensic reason to keep the BUG too.

I would however expect them to disarm you of all weapons during the initial investigation... at least until they decide to let you go home.

However, I am sure every jurisdiction has it's policy and it remains to be seen what would happen on an individual case.
 

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Just an unverified opinion: BUG is not part of the required evidence in the shooting investigation. You are guilty of NOTHING unless/until you're convicted, so there's nothing to prohibit your BUG possession. I expect you would have to surrender it while being "processed & released" but should get it back upon departure, depending on the gun climate in your locale. Some LEOs might default to CTA ("Cover Their A*") and consult a higher authority (like the D.A.) which could take some time. But if you have a car wreck, they don't confiscate your other cars.
 

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I would think the officers will ask if you are carrying any other weapons and that it would be prudent to answer yes.
 

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I am an LEO, and EVERY firearm I have with me at a shooting scene will be taken into evidence. (NOT confiscated! There is a difference!) This is agency policy, and when I have discussed this with LEOs from other agencies, it seems to be a common one. If a PD will take all weapons into evidence from its own officers, does anyone think it will treat a private citizen any differently? FWIW, this policy weapons on or about the person at the time of the shooting, not necessarily weapons, for example, secured elsewhere in something like a home. I don't plan to open my safe, for example, for investigators if I have been involved in a home defense shooting. If I am at work, any weapons in my patrol car at the time would be taken into evidence. I am not sure about the trunk of a private citizen's personal vehicle; firearms inside the passenger compartment probably would be collected.

If you do not tell the police about the weapon, and it is on your person, it will likely be discovered during the pat-down before your ride downtown to give your statement.

One advantage a private citizen has is that he can refuse to consent to a search. An LEO can be suspended or fired if he does not follow policy, or allow policy to be carried out.

FWIW, I am not a homicide investigator, nor a crime scene unit officer, just a patrol peon, so I am not an expert in this area. Policies and procedures change, too, over time. After my on-duty fatal shooting.
In 1993, only my primary duty sixgun was taken into evidence.

Back to confiscation: There is a difference between something being confiscated, and taken into evidence. Evidence is returned to its owner after it is deemed to be no longer needed. There may indeed be some regions of the USA where there is no real difference between collection and confiscation, but I live in a free state, south of the Mason-Dixon Line, and west of the Mississippi, and east of California.
 

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Bark'n nailed this one.

I would however expect them to disarm you of all weapons during the initial investigation... at least until they decide to let you go home.
And Rexster cinched it for ya'. :hand10:

Not much more to add.

Biker
 

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I know in this state (Mass) they would take both guns, and you LTC until the AG decides what to do with you and even then, the Chief may not want you to have your LTC anymore. Yeah, it's his call on that. They you could lawyer up, spend thousands and maybe get it back. Nice to live in a socialist state eh?
 

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I know in this state (Mass) they would take both guns, and you LTC, AND any you may have at home, because without a FID or and LTC, you can not have any guns OR ammo in your home, The you have to wait until the AG decides what to do with you and even then, the Chief may not want you to have your LTC anymore. Yeah, it's his call on that. Then you could lawyer up, spend thousands and maybe get it back. Nice to live in a socialist state eh?
 

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Discussion Starter #10
Hey Kicker, I'm in MA too :( I hadn't thought that the LTC would be taken in an incident like that, but like you say, probably would....

If that is the case (I hope not) then that would mean LEOs would want to visit the house an take all other weapons too, being that you're not allowed to have any without a valid LTC or FID.

That would SUCK! Fortunately, I am married to a LEO, so I guess her LTC would allow the guns to stay in the house anyway.

But now, based on what Rexter is saying, I may want to reconsider my second M&P as my BUG. I wouldn't want to be without both of them...
 

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Yeah, sorry about the dupe post. But yeah, another LTC in the house would keep the LEO's at bay for sure! You don't have to own it to possess it!
 

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New Mexico has solved this dilema for me by now stateing on our permit, Only ONE GUN to be carried at a time. Thanks, New Mexico!
 

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Just a guess, fwiw, I would think both guns would need to be retained by the authorities at least until an autopsy was done that confirmed which gun was the actual weapon used. Sometimes even GG appearing people aren't telling the whole story.
 
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