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1/25/2018 7:38:29 AM
Posted: 5/4/2002 12:30:10 PM EST
If you are in a justifiable shooting is you gun confiscated and keep it? or do the police just confiscate it, check it out to make sure its legal and that your bullet came from you gun and then return it?
Link Posted: 5/4/2002 12:41:17 PM EST
In the area where I live its a toss up if you'd get a gun back that you used in a legal shooting. If they don't give it back you have to decide if its worth spending 2 or 3 times what the guns worth to hire a lawyer and pay court costs or just go buy another one.
Link Posted: 5/4/2002 3:28:42 PM EST
I can understand the police keeping the weapon until all trials are over with. Once that is the case, by what right would they retain your property?

I mean, where would they keep it and under what pretense?

I would simply go to the top LEO and ask for my property. If he refused I WOULD sue for theft of property and violation of my property rights. Bet the city would settle out of court damn quick.

Or you could always call the police and report your gun stolen. When they come out, describe the theif:

Tall, white dude in a blue uniform. His office is at ....... His name is .......

Why not? Retaining your property after all trials is theft.
Link Posted: 5/4/2002 5:22:12 PM EST
It would more then likely be kept untill it was descided that it would no longer be needed.
Link Posted: 5/4/2002 5:28:29 PM EST

Originally Posted By 1911greg:
If you are in a justifiable shooting is you gun confiscated and keep it? or do the police just confiscate it, check it out to make sure its legal and that your bullet came from you gun and then return it?

It may vary from state to state/circumstance to circumstance, but generally if you wound/kill someone they will confiscate it until;

1. After Grand Jury - even if justifiable it usually goes to Grand Jury in MASS. What happens here depends on the District Attorney involved, and what the cops have to say about it. Even justifiable shootings can get you into a deep case of whoop-ass if they DA wants to nail you for some reason.

2. After the criminal's trial..assuming he was doing something illegal when you shot him.

3. After your trial if they think you did something wrong.

Basically, they will hold the gun until after ALL legal issues are settled. This may take years, even if you where justified.

If it happens, make sure to get a receipt from the LEO who confiscates it. Make sure that it lists everything on the receipt. Make/Model/Caliber, magazine, # of live rounds remaining (if any), # of empty brass, everything. They usually don't compare the expended rounds/bullet to the gun unless there is a reason. If it is cut and dry, they aren't going to spend the money/time doing a comparison.

They will run the gun to make sure it is legal, and they will confirm you are licensed (if required in your state).

If it is an incident where no one is hurt/injured, nothing may happen. Depends entirely on the LEO who responds. I've had instances where they won't even check your license if you treat them right/respectfully, and generally aren't an A$*-hole about it.
Link Posted: 5/4/2002 6:16:04 PM EST
Link Posted: 5/5/2002 5:30:08 AM EST

Originally Posted By Troy:
I have $300 invested in my home defense pump shotgun. It's easily replacable if it gets confiscated...

They held mine for about 1 year after the legal proceedings were completed, for a total of about 2 1/2 yrs. It was only a $100 Llama .380, but it was the principle of the thing. At the time there was a rabidly anti-gun police commissioner in Boston who had ordered the Ballistic Dept. not to release any guns. Fortunately, I was very friendly with a number of Boston Cops at the time, who gave me advise on how to proceed.

Basically, it was just a letter writing campaign, up the chain of command, using registered/receipted letters so that they couldn't claim it was lost/never received. And making sure that the letter contained a statement that a response is expected within 30 days of receipt. Then wait the 30 days and move up the chain, detailing all previous correspondence. Some responded, but most didn't.

Those who did respond basically said that it wasn't within their authority to release it, and directed me to a different department/individual. Finally reached the Office of the Commissioner, who failed to respond. Send a second letter, demanding response within 30 days or legal action would be instituted. Provided copies of all previous letters, receipts, responses, etc. After about a year of letter writing, got a response and made arrangements with the ballistic dept. to pick things up.

During this time, Boston Police did run the Serial # and BATF did trace it thru FFL dealer. My father got a visit from BATF, since the gun was registered in his name at the time, but once he explained, there wasn't a problem with the Feds.

Granted, it was only a $100 gun, but it was the idea that they were confiscating personal property without justification or legal authority.
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