Carrying and having to use your gun


Firearm & Gun Forum - FireArmsTalk.com > Handguns > Concealed Carrying & Personal Protection > Carrying and having to use your gun

Reply
 
LinkBack Thread Tools Display Modes
Old 03-13-2013, 11:06 PM   #1
Feedback Score: 0 reviews
 
Join Date: Feb 2013
Posts: 34
Liked 5 Times on 4 Posts
Likes Given: 7

Default Carrying and having to use your gun

This is something that I never want to happen but, I've been curious as to what happens if someone does have to use their gun to kill a bad guy; in a life or death situation? Do the police take your gun as evidence and do they ever return it? I've searched google but found nothing.



__________________
Buskowski is offline  
 
Reply With Quote

Join FirearmsTalk.com Today - It's Free!

Are you a firearms enthusiast? Then we hope you will join the community. You will gain access to post, create threads, private message, upload images, join groups and more.

Firearms Talk is owned and operated by fellow firearms enthusiasts. We strive to offer a non-commercial community to learn and share information.

Join FirearmsTalk.com Today! - Click Here


Old 03-13-2013, 11:15 PM   #2
Feedback Score: 0 reviews
 
Join Date: May 2008
Posts: 805
Liked 252 Times on 156 Posts
Likes Given: 21

Default

Two men, one of which I am well acquainted, the other not so much so, have been involved in shootings.

The first was several years ago and involved an attempted carjacking. The hijacker pulled a gun as his intended victim was leaving the parking lot of a shopping center. He drew his revovler and fatally shot the would-be carjacker.

The second involved a robbery attempt by two men as their victim was leaving his apartment. They confronted him and demanded his money, throwing a gun ganster-style in his face. He knocked the gun aside, drew and fired, the second hold-up turned and fled.

In both cases there was an on-site investigation by the police. They were disarmed by the police and their guns were turned over to a lieutenant who arrived on the scene. Upon completion of the investigation, both had their guns returned to them.
One commented that he was never asked for his carry permit.

In another incident, which I just read about in our paper, involved an elderly man going to the bank. He got out of his car and was approached by a man who had just robbed the bank. It was the robber's intention to carjack the victim, and he threatened the man with a gun. The man drew a ".357 Magnum revolver" from his car and shot the bankrobber dead. This man had no carry permit. He was questioned by police but not charged, as Tennessee law stipulates that if a gun is used in legitimate self defense, no other crime occurs.

The kicker came several days later when the man was arrested on Federal charges. Seems he was a convicted felon in possession of a firearm. I do believe he is serving time for that.

Bob Wright



__________________

Last edited by Bob Wright; 03-13-2013 at 11:22 PM.
Bob Wright is offline  
 
Reply With Quote
Old 03-13-2013, 11:19 PM   #3
Moderator
FTF_MODERATOR.png
Feedback Score: 0 reviews
 
c3shooter's Avatar
 
Join Date: Feb 2008
Location: Third bunker on the right,Central Virginia
Posts: 16,679
Liked 8840 Times on 3827 Posts
Likes Given: 1368

Default

Yes, expect that a gun may be held during the investigation. If there is no wrongdoing on your part, the gun SHOULD be returned to you. Depending on where you are, you may need an attorney to petition the court and have the judge ORDER it returned to you.

And you know what?

THAT is going to be the least of your worries. Even if it is a justified shooting, your life is going to change in many ways. FAR more than I can describe here without writing a good sized book.

Legally, emotionally, economically, socially.

And if I do not get it back? It did what I bought it to do- keep me alive. Cheap at the price.

__________________

What we have here is... failure- to communicate.

c3shooter is offline  
2
People Like This 
Reply With Quote
Old 03-13-2013, 11:19 PM   #4
Feedback Score: 0 reviews
 
Join Date: Feb 2013
Posts: 1,470
Liked 1139 Times on 591 Posts
Likes Given: 49

Default

As I've mentioned before, I was an assistant district attorney for four years, then a criminal defense lawyer for almost 20 years in Fort Worth. What would usually happen in a situation like this is that the gun would be taken by the police as evidence. If a case was not filed, or the shooter was found not guilty, the gun would be returned, although sometimes it took a motion and a court order to get it released. It was not unsual, however, for the prosecution to make a deal that "we won't file the case if the shooter forfeits the weapon".

A friend of mine in Fort Worth was an assistant police chief, and one of the departments he was in charge of involved the destruction of confiscated or forfeited guns --- the number of high quality and even rare guns that got destroyed would make you cry. I suggested that he let me tour the department and turn his head for five minutes, but . . . no deal.

That is why I bought a .40 Firestar to replace the Colt Officer's ACP I had been carrying. I would have been very upset if that one had gotten cut up and melted down.

__________________

Last edited by txpossum; 03-13-2013 at 11:33 PM.
txpossum is offline  
 
Reply With Quote
Old 03-13-2013, 11:28 PM   #5
Feedback Score: 0 reviews
 
Join Date: Feb 2013
Posts: 1,470
Liked 1139 Times on 591 Posts
Likes Given: 49

Default

Back before it became politically incorrect to do so, if a client was convicted (therefore being unable to own a gun) I could get the court to turn the weapon over to me. The paperwork on one case listed the gun taken as simply a "Cobra". The judge asked me if I wanted it, and, thinking it was a cheap Cobra brand pistol, said something like, "yeah, I guess so" and I eventually did the paperwork to get it. I wasn't in a hurry to pick up what I though was a POS, but eventually, on a slow day, I went down to the cop shop to pick it up.

Okay, you've probably guessed how this ends. They handed me a new-looking Colt Cobra .38 snubby with very nice bone grips. Sure was glad I didn't pass that one up.

__________________
txpossum is offline  
 
Reply With Quote
Old 03-13-2013, 11:38 PM   #6
Feedback Score: 0 reviews
 
vincent's Avatar
 
Join Date: Oct 2010
Location: Mid-Atlantic NC
Posts: 4,122
Liked 1957 Times on 1030 Posts
Likes Given: 4286

Default

Read post 1...

http://www.firearmstalk.com/forums/f17/read-before-you-decide-carry-67036/

__________________
Member NRA, GOA, GRNC, SAF, NAGR

Proud Supporter of USA Shooting
vincent is offline  
 
Reply With Quote
Old 03-14-2013, 01:17 AM   #7
Feedback Score: 0 reviews
 
Join Date: Feb 2013
Posts: 34
Liked 5 Times on 4 Posts
Likes Given: 7

Default

That's exactly what I needed to know, thank you for the speedy responses. I know that there are much more serious things involved with having to use a gun in self defense than if you get it back or not. That's why I started my topic stating that I never want it to happen.

__________________
Buskowski is offline  
 
Reply With Quote
Old 03-14-2013, 01:47 AM   #8
FAA licensed bugsmasher
FTF_SUPPORTER.png
Feedback Score: 0 reviews
 
ScottA's Avatar
 
Join Date: Apr 2010
Location: Davenport,IA
Posts: 6,763
Liked 2134 Times on 1158 Posts
Likes Given: 771

Default

Quote:
Originally Posted by txpossum View Post
As I've mentioned before, I was an assistant district attorney for four years, then a criminal defense lawyer for almost 20 years in Fort Worth.
So we finally have someone on here who actually can provide a knowledgeable legal opinion. I guess we'll have to stop telling folks to not come on here asking questions that they should be asking of an attorney anymore.
__________________

Scott

Quote:
If you're not representing Jesus in a way that makes people want to hang out with you, you're doing it wrong.
Quote:
Those who refuse to participate in politics shall be governed by their inferiors. -Plato
Regent Holdings What you need to know about silver, gold, and the economy.

Join the NRA
ScottA is offline  
 
Reply With Quote
Old 03-14-2013, 02:00 AM   #9
Moderator
FTF_MODERATOR.png
Feedback Score: 0 reviews
 
JonM's Avatar
 
Join Date: Nov 2009
Location: Rochester WI,Rochester WI
Posts: 17,567
Liked 5659 Times on 2956 Posts
Likes Given: 374

Default

the milwaukee police department has been known to dip legally owned confiscated guns in paint or beat them with hammers before returning them after years of court orders to the original owners.

mileage varies

__________________

"Gun control: The theory that a woman found dead in an alley, raped and strangled with her panty hose, is somehow morally superior to a woman explaining to police how her attacker got that fatal bullet wound." — L. Neil Smith

The problem with being stupid is you cannot simply decide to stop doing dumb things...

JonM is offline  
 
Reply With Quote
Old 03-14-2013, 03:07 AM   #10
Feedback Score: 0 reviews
 
Join Date: Feb 2013
Posts: 1,470
Liked 1139 Times on 591 Posts
Likes Given: 49

Default

Quote:
Originally Posted by ScottA View Post
So we finally have someone on here who actually can provide a knowledgeable legal opinion. I guess we'll have to stop telling folks to not come on here asking questions that they should be asking of an attorney anymore.
And I accept PayPal.


__________________
txpossum is offline  
 
Reply With Quote
Reply

Thread Tools
Display Modes


Similar Threads
Thread Thread Starter Firearms Forum Replies Last Post
Can I get (help carrying) a WITNESS? Duke5728 Concealed Carrying & Personal Protection 6 03-13-2013 03:11 AM
Carrying while intoxicated gearhead396 Concealed Carrying & Personal Protection 144 08-23-2012 01:13 PM
Carrying one firearm? invicta8926 General Handgun Discussion 39 07-24-2012 01:30 PM
My first day open carrying ZombieBrawler Concealed Carrying & Personal Protection 41 06-15-2012 01:46 PM
Ok so your carrying your fav 32tudor Concealed Carrying & Personal Protection 24 10-03-2011 06:39 PM