Do you get your gun back after a justifiable shooting?

[Frank_N_Stein]

I do not believe your are required to disclose the location, but the location will be sealed off as a crime scene. You will be removed and if they find a safe they will/can get a search warrant. In my personal situation I had a threaded ar15 barrel on my dresser and they claimed it was a possible assault ban violation and got multiple warrants with that. I was told to give them the combo or they would get a locksmith to open them without me. I convinced them that I would open them without giving them the combo.

Where they screwed up was it was in Nov 2004 after the assault weapon ban ended. By the time I found out the reason two years later it was too late and I had no choice since they acted in good faith, even though it was a lie.

chuck

Which police department?

 

[chuckp]

Which police department?

Carmel

 

[edporch]

Carmel

So did they take all the guns you had in your safe?
If so, did you ever get them back?
How much did they damage them?

 

[bwframe]

... I had a threaded ar15 barrel on my dresser and they claimed it was a possible assault ban violation and got multiple warrants with that. I was told to give them the combo or they would get a locksmith to open them without me. I convinced them that I would open them without giving them the combo.

Where they screwed up was it was in Nov 2004 after the assault weapon ban ended. By the time I found out the reason two years later it was too late and I had no choice since they acted in good faith, even though it was a lie.

chuck

That's just the thing. You can never know exactly how things might go on your particular situation. You may not be lucky enough to have officers like Frank or BBI handling the circumstance. The lowest common denominator may be involved.

Years ago, in my wilder days, a Beach Grove officer was inventorying a gym bag of gun stuff confiscated from my trunk. "What are all these clips for? You gonna fight a war?" "Look, these are those illegal cop killer bullets" (really Winchester Silvertips.)

 

[rhino]

I had multiple guns taken from me on my self defense issue. Only one of them was used. It was not on my body but was nearby.

Chuck

I remember our discussion from a few years ago every time topics like this arise.

I do not believe your are required to disclose the location, but the location will be sealed off as a crime scene. You will be removed and if they find a safe they will/can get a search warrant. In my personal situation I had a threaded ar15 barrel on my dresser and they claimed it was a possible assault ban violation and got multiple warrants with that. I was told to give them the combo or they would get a locksmith to open them without me. I convinced them that I would open them without giving them the combo.

Where they screwed up was it was in Nov 2004 after the assault weapon ban ended. By the time I found out the reason two years later it was too late and I had no choice since they acted in good faith, even though it was a lie.

chuck

It sucks that on top of the inherent stress of the situation that you had to endure someone's personal agenda (my opinion). "Good faith" according to the court, but not in reality (my opinion).

 

[BehindBlueI's]

That's just the thing. You can never know exactly how things might go on your particular situation. You may not be lucky enough to have officers like Frank or BBI handling the circumstance. The lowest common denominator may be involved.

It's not just the officers, its the circumstances.

If you shoot someone inside the Family Dollar and are on camera never leaving the store after, I've got no reason to go into your vehicle. If it's a road rage culminating in a shooting, or a Craigslist deal where you then leave the area before calling police, then the vehicle is more likely to be relevant to the investigation.

Sometimes I can say with near certainty what gun was used in the shooting. Sometimes I can't. That will guide where my investigation goes and what is relevant as evidence.

A good example is a parking lot transaction that led to shots fired. The defense attorney made hay that I didn't search the victim's vehicle for a firearm, because the suspect decided to claim self defense as a way to get out of the robbery. In that case, a patrol officer HAD searched the vehicle and I didn't because there was no reason to duplicate the work. Attorneys with very guilty clients know they can't use the facts as they exist, so they try to either exclude facts or create doubt in the mind of the jury by painting the investigation as shoddy. That, in turn, guides a lot of what we have to do because juries don't know any better.

 

[HoughMade]

Would you be required to disclose the locations af your gun safes? Would you have to open them?

What warrant exception would this fit under?

 

[bwframe]

It's not just the officers, its the circumstances.

If you shoot someone inside the Family Dollar and are on camera never leaving the store after, I've got no reason to go into your vehicle. If it's a road rage culminating in a shooting, or a Craigslist deal where you then leave the area before calling police, then the vehicle is more likely to be relevant to the investigation.

Sometimes I can say with near certainty what gun was used in the shooting. Sometimes I can't. That will guide where my investigation goes and what is relevant as evidence.

A good example is a parking lot transaction that led to shots fired. The defense attorney made hay that I didn't search the victim's vehicle for a firearm, because the suspect decided to claim self defense as a way to get out of the robbery. In that case, a patrol officer HAD searched the vehicle and I didn't because there was no reason to duplicate the work. Attorneys with very guilty clients know they can't use the facts as they exist, so they try to either exclude facts or create doubt in the mind of the jury by painting the investigation as shoddy. That, in turn, guides a lot of what we have to do because juries don't know any better.

If a vehicle search turns up a firearm, it will be confiscated regardless of involvement, correct?

 

[BehindBlueI's]

If a vehicle search turns up a firearm, it will be confiscated, correct?

Potentially, but it depends on the investigation.

 

[chuckp]

One of the things that I found interesting was that since a bullet went into my detached garage after passing through the bad guy they got a search warrant to search the garage. They never found the bullet but did go through closed containers and such which was obvious the bullet did not puncture. Basically they were fishing for something that had absolutely nothing to do with the self defense issue.

Turns out the bullet was laying on the floor in pretty much plain sight.

chuck

 

[rhino]

One of the things that I found interesting was that since a bullet went into my detached garage after passing through the bad guy they got a search warrant to search the garage. They never found the bullet but did go through closed containers and such which was obvious the bullet did not puncture. Basically they were fishing for something that had absolutely nothing to do with the self defense issue.

Turns out the bullet was laying on the floor in pretty much plain sight.

chuck

I think there are (or at least were) some people with serious issues in Hamilton County.

 

[bwframe]

This thread is getting to be very educational.

 

[chuckp]

I think there are (or at least were) some people with serious issues in Hamilton County.

One of the things that I learned is that there can be a LOT of politics involved by the people in power. Their views can hurt you very much if they do not like you even though you did noting illegal. Also an influential/connected attorney on either side helps or hurts.

chuck

 

[freekforge]

I know im new to the whole police thing but i do have the definitive answer(s).

Possibly, potentially, maybe, sure. At least thats the answers i get to all my questions.

In all seriousness i worked with a guy that was in a shooting and it took 5 or 6 months if i remember right. Luckily he was a nut job and was convinced the whole world was after him. he had guns stashed everywhere like in a dry bag in the toilet tank, and under a false bottom in his tool box so he was well armed without the gun in question.

 

[churchmouse]

One of the things that I found interesting was that since a bullet went into my detached garage after passing through the bad guy they got a search warrant to search the garage. They never found the bullet but did go through closed containers and such which was obvious the bullet did not puncture. Basically they were fishing for something that had absolutely nothing to do with the self defense issue.

Turns out the bullet was laying on the floor in pretty much plain sight.

chuck

Fishing is the key word here.

 

[bwframe]

I know im new to the whole police thing but i do have the definitive answer(s).

Possibly, potentially, maybe, sure. At least thats the answers i get to all my questions.

In all seriousness i worked with a guy that was in a shooting and it took 5 or 6 months if i remember right. Luckily he was a nut job and was convinced the whole world was after him. he had guns stashed everywhere like in a dry bag in the toilet tank, and under a false bottom in his tool box so he was well armed without the gun in question.

With all that has been posted here, is this "nut job" ultimately the smart one?

 

[churchmouse]

With all that has been posted here, is this "nut job" ultimately the smart one?

Just because you "Are" paranoid does not mean they are not watching.

 

[Nazgul]

 

[rhino]

One of the things that I learned is that there can be a LOT of politics involved by the people in power. Their views can hurt you very much if they do not like you even though you did noting illegal. Also an influential/connected attorney on either side helps or hurts.

chuck

Amen! I hope to never learn similar lessons the hard way, but I also hope that learning from your experience will help manage that minefield a little better.

 

[nobody_special]

yes but you must petition the court and get a judgement