Do you get your gun back after a justifiable shooting?

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  • bwframe

    Loneranger
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    All the more reason to have extras, extras at home, extras at your familes’ homes, extras at the bank, extras elsewhere that are easily accessible to you, extras are good!

    The old saying is often true. One is none.

    What's gonna get you home when the only gun you had was confiscated?
     

    edporch

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    This is why I've taken to carrying pistols that I don't have a lot of money in.
    It would leave an even worse taste in my mouth if I had a lot of money in a pistol to first defend myself against a criminal, and THEN to end up getting robbed (so to speak) anyway by the "good guys".
     

    brotherbill3

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    Aug 10, 2010
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    I had a stolen gun recovered and had to go downtown to the city-county building to get fingerprinted just to begin the process of having the gun released back to me.

    That was back in June and I still haven't been contacted about when I can pick it up.

    Wife and I were in a accident (other person ran stop sign total another car and ours) - This was early after getting my LTCH, before I joined here, learned.
    Since we wanted checked out at the hospital and the car was going to the junk yard and nearest person wasn't gonna be here, plus my "current understanding of the rules" (bah) ... I notified the responding officer we had revolver (22 LR) in the car. We had been at the range - looking at and trying other pistols when we got clobbered.

    Officer said she's secure it and I was assured I could pick up the gun from the property room downtown any time. ... A month 4 or 5 trips and a set of prints and verification of them and lot of ridiculous comments - and 2 trips with identifiable boxes of stuff without my normal level of "security" on me - and I finally had it all back.

    LOL ... glad I know more people now.
     

    88E30M50

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    And a good reason to carry a fugly Glock and not a purty 1911. :):

    Lots of sense here. As much as I love my 1911s, I'd hate to think of my Dan Wesson A2 getting tossed into the evidence locker for months. They only made 200 of those, so there's no keeping a spare handy. Now, a Glock 23 or CZ P10C is a dime a dozen and there's little excuse for not having the same model gun as a backup.

    There is a fine line in there somewhere though, in that a finely tuned and often practiced with CZ might make a difference in the outcome when compared to a box stock gun. In that case, I'll let my nice CZ go to evidence while I build another while I'm waiting for the original to be returned.
     

    LCSOSgt11

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    I should think that when the incident is deemed justifiable, that weapon should immediately be available to be released to the owner. There is no reason a PD should be keeping it any longer than absolutely necessary. Also, you may not receive it in the immaculate condition (so to speak) as it was taken. It may sit for months in a cardboard box unattended. This, just a heads up for those have have blued weapons.
     

    BehindBlueI's

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    I should think that when the incident is deemed justifiable, that weapon should immediately be available to be released to the owner. There is no reason a PD should be keeping it any longer than absolutely necessary.

    I've had a shooting that was so justified the on call prosecutor declared it a good shoot before we even interviewed him. The gun is still taken. It's evidence, and it's going to be test fired to match the bullet in the bad guy, etc. The forensic work up both verifies the "good shooter" statement and ties the bad guy to the scene if he survived and left. Then juries like to see things. Should it go to trial, having a "this is the victim's gun, this is the bullet pulled out of the suspect, this is the lab report that matches them" is better than just the lab report. And even justified shoots can go to civil.

    So..yes, there is a reason to hold it after it's been deemed justifiable.
     
    W

    wingmaster

    Guest
    They shouldn' be able to take your gun if the shooting is justified, it only takes one second to pull the trigger in a barrel of water to get bullistics and a casing. They could have you do that and bag it with your name and serial number of your gun so they wouldn' ever need to handle it at all, then you would still have your gun for your constitutional right to defend yourself. Seems they could be sued for doing so and we all know if somebody broke into a police officers home they wouldn' take their weapon.
     
    W

    wingmaster

    Guest
    You could easily just have them shoot in a barrel of water and take the casing as that's all their testing anyway and they could keep their weapon to defend their self again if needed.QUOTE=BehindBlueI's;7329808]I've had a shooting that was so justified the on call prosecutor declared it a good shoot before we even interviewed him. The gun is still taken. It's evidence, and it's going to be test fired to match the bullet in the bad guy, etc. The forensic work up both verifies the "good shooter" statement and ties the bad guy to the scene if he survived and left. Then juries like to see things. Should it go to trial, having a "this is the victim's gun, this is the bullet pulled out of the suspect, this is the lab report that matches them" is better than just the lab report. And even justified shoots can go to civil.

    So..yes, there is a reason to hold it after it's been deemed justifiable.[/QUOTE]
     

    MarkC

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    You could easily just have them shoot in a barrel of water and take the casing as that's all their testing anyway and they could keep their weapon to defend their self again if needed.QUOTE=BehindBlueI's;7329808]I've had a shooting that was so justified the on call prosecutor declared it a good shoot before we even interviewed him. The gun is still taken. It's evidence, and it's going to be test fired to match the bullet in the bad guy, etc. The forensic work up both verifies the "good shooter" statement and ties the bad guy to the scene if he survived and left. Then juries like to see things. Should it go to trial, having a "this is the victim's gun, this is the bullet pulled out of the suspect, this is the lab report that matches them" is better than just the lab report. And even justified shoots can go to civil.

    So..yes, there is a reason to hold it after it's been deemed justifiable.
    [/QUOTE]

    Unfortunately, this is not like TV, where there is a whole laboratory staffed 24x7 with every specialist right there, and every piece of equipment set up, unused, and ready to go, just waiting on the officer to bring in the evidence from his only one case and jump on it.

    Also, most cases are not solved in 42-44 minutes (60 minute show, less commercials).
     
    W

    wingmaster

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    There is no barrel ballistics on a shotgun but I'm guessing they would still take that if nothing else but because they can, I don't know what they need to look at if your saying that you shot them. My guns are for my protection and my family but I'm guessing if you helped the police in a shootout with the bad guys you would be left with no protection for your family. If this is the case seems a good reason to not get involved which is a very bad indeed.
     

    BehindBlueI's

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    There is no barrel ballistics on a shotgun but I'm guessing they would still take that if nothing else but because they can, I don't know what they need to look at if your saying that you shot them. My guns are for my protection and my family but I'm guessing if you helped the police in a shootout with the bad guys you would be left with no protection for your family. If this is the case seems a good reason to not get involved which is a very bad indeed.

    Guns is plural. If you lose one shotgun to the evidence locker, you've not go no protection?

    I'm not sure what you think "barrel ballistics" are, but there is a crime lab work up on shotguns as well. You seem to be under the impression that the only thing crime lab does is tool marks. It isn't.
     

    Vigilant

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    There is no barrel ballistics on a shotgun but I'm guessing they would still take that if nothing else but because they can, I don't know what they need to look at if your saying that you shot them. My guns are for my protection and my family but I'm guessing if you helped the police in a shootout with the bad guys you would be left with no protection for your family. If this is the case seems a good reason to not get involved which is a very bad indeed.
    .
     

    Cameramonkey

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    They shouldn' be able to take your gun if the shooting is justified, it only takes one second to pull the trigger in a barrel of water to get bullistics and a casing. They could have you do that and bag it with your name and serial number of your gun so they wouldn' ever need to handle it at all, then you would still have your gun for your constitutional right to defend yourself. Seems they could be sued for doing so and we all know if somebody broke into a police officers home they wouldn' take their weapon.


    You are right. No time at all. They could be done testing in a couple hours. You are correct.

    Just like it takes only 5 minutes to get your food at McDonald’s. But what happpens when you aren’t the only person in line? Yep. When a tour bus full of people is in front of you it takes considerably longer. Your gun ain’t the only one they have to test.
     

    Ark

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    To be completely honest, I would not EDC anything that I wasn't comfortable with potentially losing.
     

    bwframe

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    To be completely honest, I would not EDC anything that I wasn't comfortable with potentially losing.

    Sure wouldn't hurt to have your backup nearby either. Gotta get home and what kind of a physiological trip will that be unarmed, coming home after defending yourself earlier?
     

    rhino

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    Losing a pistol (temporarily or otherwise) after using it for self-defense is the least of my worries. I'm a lot more concerned about having the best tool for the job available when I need it. If it needs replacing after I need it, I'll find a way.

    It's kind of like people who spend their life using crappy truck stop knives, but they have a Sebenza in a safe deposit box because they don't want to lose it. That's a choice they make, but it doesn't make a lot of sense to me.
     
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