What Happens then?

[H.T.]

I have .45ACP made by RSA it's a Goverment Issued Officers Model. It's a piece of Family Hx. So I will never sell it.
Here is my question curently I carry a Taurus PT92AF. I'd like to get a Ruger Redhawk KRH-45-4. Yes I like the Wheel guns. I also like .45 ACP.

So I have this .45 I don't carry it nor do i have it out for home defense.

My question is. Does anyone know what happens after you shoot the bad guy. Do the Police take your weapon? And if so how long befor you get it back? Anyone ever hear of somone shooting a BG. And never seeing there Gun again?
I'd like to carry the .45 It's a lot smaller frame than the PT92. Just don't want a hassel, should I be forced to use it.

Anyone know the answer to these questions?

Thanks

 

[redneckmedic]

I believe it is taken as evidence at first, but at some point (if all is justifiable) given back. Only here say on the forum though.

 

[DemolitionMan]

I'm sure some of the LEO's on the board can give a fuller answer than I can, but I'm sure at the very least the gun would be held for evidence in case there were charges brought against you. You should eventually get it back...but if it has sentimental value, do you want to risk it getting "lost" in the evidence room? I'm not attempting to impugn any LEO's - my dad was one - but I also know such things have happened before.

If it is a bit of family history, put it in a display case and buy a new 45 for carrying around. Why take the risk that anything would happen to it?

 

[agentl074]

Treasure it and buy a carry weapon. Something like that should be protected and kept secure.

 

[j706]

A weapon involved in a shooting will be taken as evidence. It will most likely be test fired ect. Ours go to the state lab in Indpls. After they are done with their tests the weapon comes back to our PD and is stored in evidence. After the final disposition the weapon is returned to the owner if they can legally own one. After all it is your property and was not used in a crime. Seized weapons used in crimes,even minor ones, are usually ordered forfeited to the agency. In those cases the court has a form they send to the PD. The weapon/weapons are then sold at auction or traded to company's through bids for other PD useful weapons and or ammunition. Some judges order crime used weapons destroyed.

A weapon used in a lawful shooting would more than likely be in property for at least one year. Speaking for my agency, the weapons are taken care of and stored properly. However that is not the case with other agency's.

 

[Shay]

If a gun has some sentimental value and is therefore more than just a tool of defense in your mind, you might NOT want to shoot someone with it. Expect to have it taken by the police for some period of time depending on your location and the circumstances of the shooting.

I do not want to leave anyone with the impression that the fear of losing a material object is worth not defending your life with it, but with the relatively inexpensive cost of modern arms, get something else that doesn't carry the same sentiment.

There is also that aspect that you may hesitate to shoot someone who needs to be shot knowing that you may lose that gun. When defending your life, you want to focus on doing just that without any distractions and hesitation.

 

[H.T.]

Well I think I'll just buy a new gun or trade in the PT92. The .45 was issued to my Grandfather when he Got his First Star He retired a Major General Form the Army..Also it was made by RSA for US Army General Officers. It has a 3 digit SN#. So I will be keeping it safe and taking it to the range once in a while.

Thanks for the advise.

 

[Flintlock]

Yeah, I wouldn't even consider carrying something like that, man. That's an heirloom, not something to get worn from carrying. Put that in the safe and leave it there. Go buy something else to carry.

 

[dsol]

A weapon used in a lawful shooting would more than likely be in property for at least one year.

A weapon used in a lawful shooting would be kept for at least a year?

Why in the world would that be necessary? If it was a lawful shooting and no charges were dreamed up by some POS ladder climbing publicity seeking jerkwad of a prosecutor, shouldn't the punishment of the shooter stop?

I may be a little biased... I dont trust prosecutors as far as I could throw an Abrams tank.

 

[sig-sweet]

j706 is right on with most Police Department policy's. But you can petition the courts to get your gun back once all the tests and pre-trial evidence etc. have been done. It doesn't mean you'll get it but you do have a venue to start to recover your property. It is usually in evidence until it goes to court as it is part of the exibits for the prosecutor. Honestly it isn't because they don't want you to have it, but any lawyer worth his salt will make a big deal of breaking the chain of custody before trial. Like how can we be sure that's the gun and so forth....you've sen it all on tv...in real life it can be even worse for the good guy who owns the gun.

 

[alfahornet]

Went through a carry class a couple months ago, local sheriff deputy stopped by and talked about these issues. Expect that they will take the gun, also the scene were shooting happens will be treated as crime scene and you may not be able to enter it for a while. Never change anything after shooting, just call 911 right away and tell the cops every detail you remember so that the evidence they find matches your story. Also, depending on circumstances like if it happens at your residence, all your guns may be taken away. The deputy said it all depends on the particular case.

Edited: Please take above with grain of salt. Can't recall exact words anymore that we're said. Read my post below. Just don't disturb the scene.

 

[Shay]

Went through a carry class a couple months ago, local sheriff deputy stopped by and talked about these issues. Expect that they will take the gun, also the scene were shooting happens will be treated as crime scene and you may not be able to enter it for a while. Never change anything after shooting, just call 911 right away and tell the cops every detail you remember so that the evidence they find matches your story. Also, depending on circumstances like if it happens at your residence, all your guns may be taken away. The deputy said it all depends on the particular case.

While under the effects of extreme stress, I would advise against making statements to 911 or anyone else. Your short term memories will likely be faulty and may actually contradict physical evidence.

 

[alfahornet]

While under the effects of extreme stress, I would advise against making statements to 911 or anyone else. Your short term memories will likely be faulty and may actually contradict physical evidence.

You're absolutely right. I am just saying what I remember the deputy telling us to do in that class. His point was, it's absolutely critical that you try to give the story as completely as possible with it matching the physical evidence and not to disturb anything. And if you do disturb the scene, state it to the officers.

And you point out what was said in the Utah CC class in January. They warned of precisely what you're saying and even advised not to make any statements to the cops right away and get a lawyer asap.

 

[phatgemi]

Went through a carry class a couple months ago, local sheriff deputy stopped by and talked about these issues. Expect that they will take the gun, also the scene were shooting happens will be treated as crime scene and you may not be able to enter it for a while. Never change anything after shooting, just call 911 right away and tell the cops every detail you remember so that the evidence they find matches your story. Also, depending on circumstances like if it happens at your residence, all your guns may be taken away. The deputy said it all depends on the particular case.

Yeah, I'm sure a PO would recommend you talk but they may not be completely looking our for your best interest. Recommend you watch this:
YouTube - Dont Talk to Police

 

[printcraft]

Went through a carry class a couple months ago, local sheriff deputy stopped by and talked about these issues. Expect that they will take the gun, also the scene were shooting happens will be treated as crime scene and you may not be able to enter it for a while. Never change anything after shooting, just call 911 right away and tell the cops every detail you remember so that the evidence they find matches your story. Also, depending on circumstances like if it happens at your residence, all your guns may be taken away. The deputy said it all depends on the particular case.

NO.
Call the police ok, CALL YOUR Attorney.
Do not make any statements to the police without your attorney present. Your lawyer will sort it out after consulting with you.
The police are in evidence gathering mode and you don't want
to give any evidence that will be used against you.
Emotions are high, don't say a word you did not mean to.


THIS \/

While under the effects of extreme stress, I would advise against making statements to 911 or anyone else. Your short term memories will likely be faulty and may actually contradict physical evidence.

 

[alfahornet]

Great video. Quite long but worth watching. Watts vs. Indiana ironic.

 

[SC_Shooter]

Go with a new carry gun and pull out this gem of a family heirloom to strap on your hip during OC events. It deserves a parade (INGO OC events are sort of like parades...right?).