Do the authorities take yours?

[Steelharp]

Wondering... if you're involved in a home invasion or self defense out of the home scenario, and you have to use your gun... as part of the investigation, is your weapon taken as evidence? And if so, when is it returned... assuming it is?

[bigwakes]

I was reading in the NRA magazine that an elderly woman used a .22 magnum revolver to kill an intruder and the officer on the scene reloaded the two empty cases for her. I bet it depends on the jurisdiction, circumstances, or even the officer on the scene.

[mikegideon]

Do they even need it as evidence if there's no arrest?

[GhstFace38]

I'm not sure about everywhere but in my jurisdiction we would seize the weapon. It would be returned at the end of the trial. That is of course only if the shooter cleared.

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[mikegideon]

I'm not sure about everywhere but in my jurisdiction we would seize the weapon. It would be returned at the end of the trial. That is of course only if the shooter cleared.

Sent from my iPhone 4 using Tapatalk

What if there's no arrest? Aren't there a lot of cases where it's called a good shoot at the scene?

[GhstFace38]

Until a full investigation is done and a the evidence is presented to the DA the weapon is held as evidence.

That is how it is done around me, anyway.

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[mikegideon]

Until a full investigation is done and a the evidence is presented to the DA the weapon is held as evidence.

That is how it is done around me, anyway.

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Got it.

[Guest WyattEarp]

Uh, why do they need to keep your weapon, if it happened in your house, and you've stated that you shot the weapon? and it was in self-defense? you didn't commit a crime, you defended yourself from one, so I don't see how or why they could put you out from keeping ownership of your weapon in a situation like this. but there maybe something else I'm not seeing. guess this might be why I need to invest in a secondary handgun, because if something ever does happen, and my gun is in some police locker following a self-defense shooting, it's not going to do me a lot of good for self-defense until I get it back.

guess it's time to look into a Sig Sauer .40

[GhstFace38]

Exactly, always have a secondary.

It's considered evidence. Even in a self defense shoot.

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[mikegideon]

So... if you gotta shoot somebody, use your Glock, not your Nighthawk :-)

[GhstFace38]

Exactly.

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[DaveTN]

We are on a gun forum so someone will always have a problem when guns are “seizedâ€.

However a homicide has occurred and if the weapon was used it is evidence. Although their opinions carry a lot of weight; Officers at the scene don’t made the determination if the homicide was justified or not, nor do they determine if charges will be filed.

Usually the responding Officer will secure the weapon as evidence. Once the investigation is complete it should be returned if no violations are found. If criminal charges are filed the weapon could be held for years.

[mikegideon]

We are on a gun forum so someone will always have a problem when guns are “seized”.

However a homicide has occurred and if the weapon was used it is evidence. Although their opinions carry a lot of weight; Officers at the scene don’t made the determination if the homicide was justified or not, nor do they determine if charges will be filed.

Usually the responding Officer will secure the weapon as evidence. Once the investigation is complete it should be returned if no violations are found. If criminal charges are filed the weapon could be held for years.

That all makes sense. I just hadn't thought about it.

[G27]

So... if you gotta shoot somebody, use your Glock, not your Nighthawk :-)

I dunno if it's current or not, but kb4ns's signature is perfect for this...

"I have a 1911 to show my friends.

I have a Glock to show my enemies."

[R_Bert]

hmmm... maybe time to invest in a flock of beater Hi-Points....

"Officer, I was in so much fear for my life, but I am think I maybe fired this one...."

[Caster]

I'm not giving them mine without a serious fight about it. Sorry. I'd probably lock mine up in the safe while dialing 911.

A hipoint in the same caliber is a good idea though.

[Mike.357]

if you shoot someone in self defense in your home your first call ought to be to 911, immediately followed by a call to a lawyer.

You are going to be in court no matter the circumstances of why you shot.

Seriously what happens to your firearm is the least of concerns.

I know and have the number of the lawyer I would call, do you?

[Guest WyattEarp]

We are on a gun forum so someone will always have a problem when guns are “seized”.

However a homicide has occurred and if the weapon was used it is evidence. Although their opinions carry a lot of weight; Officers at the scene don’t made the determination if the homicide was justified or not, nor do they determine if charges will be filed.

Usually the responding Officer will secure the weapon as evidence. Once the investigation is complete it should be returned if no violations are found. If criminal charges are filed the weapon could be held for years.

with that said, if no charges have been filed, on what grounds are they seizing the evidence? If someone's broken into my home, and I've shot and killed them, and I tell the officer I shot and killed an intruder with my gun. Why does my gun need to be seized for evidence?

Obviously, I'm not about to catch a flight out of the country, and I'm not trying to hide anything. still not seeing the logic in this at all. until I'm charged with a crime, my weapon hasn't been used in the commission of a crime, and I don't get how they can seize it.

if it's later determined that I'm in the wrong and I'm charged, then come back with a search warrant and an arrest warrant, arrest me, and collect my gun.

seems like they have the process bass ackwards.

[Mike.357]

really Wyatt?

You shoot someone, in your home or otherwise and the cops should leave the guns in your hand? Then if the DA prefers charges they can come back with a warrant to get your gun. What is to stop you from throwing the gun in the river?

You shoot someone, no matter why and your gun is evidence, they are taking it right now.

You just shot someone, and you are worried about your piece? I would be more concerned with the fact that I just killed someone. But thats me, I dunno.

as for bass ackwards, yep, probably is. But it is how it is and it's not changing.

[JayC]

Wondering... if you're involved in a home invasion or self defense out of the home scenario, and you have to use your gun... as part of the investigation, is your weapon taken as evidence? And if so, when is it returned... assuming it is?

If you have an HCP and are not arrested, they are required by law to return your firearm to you.

The officer shall return the handgun to the permit holder before discharging the permit holder from the scene.... provided that the permit holder has not violated any provision of this section and provided the permit holder has not committed any other violation that results in the arrest of the permit holder.

TCA 39-17-1351t

So unless they go and get a court order to seize the firearm, under TN law unless you're arrested, you get to keep the handgun.

Edited December 4, 2011 by JayC

[Caster]

You just shot someone, and you are worried about your piece? I would be more concerned with the fact that I just killed someone. But thats me, I dunno.

I would be. A dead crack head/thief/ghettotrash/scumbag is worth nothing. They aren't worth much if anything alive. A firearm on the other hand has a good deal of value.

This thread has me thinking though. I think I'll go back to keeping one of my old cheap shotguns loaded for in the house duty. I've got a couple I wouldn't care too much if I didn't get back, and knowing some of fine upstanding members of the local PD, I;d say I never would get it back anyway.

[DaveTN]

with that said, if no charges have been filed, on what grounds are they seizing the evidence?

The dead body.

Court is not held at the scene.

[PolePosition]

The boy scouts say "Be Prepared" and Murphy's Law says "Anything that can go wrong will go wrong"...so with those adage's in mind, I think we should assume that no matter what the situation, if a firearm was discharged within the home, especially if it results in the injury of another, it will be confiscated. Being as such, always have backup weapons for defense.

But I'm with the guy that said he would be concerned about the fact that he just killed someone...I'm a civilian and no matter how much I mentally prepare myself for it, I'm pretty sure if it ever came down to me drawing and firing on an individual, my first thought would be "OMG I JUST SHOT/KILLED SOMEONE!!!" and not "OMG THE COPS ARE GONNA TAKE MY FN SLP!!!!11!!!"

[DaveTN]

If you have an HCP and are not arrested, they are required by law to return your firearm to you.

When they are satisfied the investigation is over and the gun is no longer needed as evidence.

TCA 39-17-1351t

So unless they go and get a court order to seize the firearm, under TN law unless you're arrested, you get to keep the handgun.

You are quoting law that has to do with disarming a permit holder; has nothing to do with securing evidence from a crime scene.

[Mike.357]

I don't know, but no matter who I shot I am sure I would be terribly upset over it.

But also it appears and according to JayC you get to keep the gun.