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Justified shooting...and lose your firearm....?


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Old 02-25-2012, 07:54 PM   #11
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Quote:
Originally Posted by Greg_E
Whenever you shoot someone in self defense with a CCW, YOU WILL BE ARRESTED! This is something every CCW permit holder must be aware of before that weapon ever clears the holster. Until the facts are brought out the STATE has the duty to gather all of the facts, evidence (your gun and ammunition), and all other crime scene data to decide whether or not to file charges. This isn't going to happen in 15 minutes especially if the shooting results in a death. I am in no way endorsing the United States Concealed Carry Association (USCCA), but they have an excellent website for this type of info and you can even purchase insurance to retain a lawyer that specializes in CCW cases. Laws vary greatly from state to state, so you may or may not get your gun back depending where you live. If in doubt, do some research on the laws in your area. Hopefully you will never have your gun taken from you!!! SHOOT STRAIGHT!
This is not always true. Some states are much freerer than others, and stand by their citizens who defend themselves much better than others do.

However, it is a good idea I think, to assume you WILL spend the night in jail (at least that long) and never see your firearm again. To feel that way, IMHO, just helps a person deal with the situation. It is better to be pleasantly surprised than to be bitterly disappointed.
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Old 02-25-2012, 08:33 PM   #12
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Originally Posted by trip286 View Post
However, it is a good idea I think, to assume you WILL spend the night in jail (at least that long) and never see your firearm again. To feel that way, IMHO, just helps a person deal with the situation. It is better to be pleasantly surprised than to be bitterly disappointed.
Heck, when my cousin got bludgeoned half to death the local SD took custody of the contents of his gunsafe as part of the investigation; they were returned when his parents had a lawyer ask nicely.
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Old 02-25-2012, 08:37 PM   #13
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Quote:
Originally Posted by trip286

This is not always true. Some states are much freerer than others, and stand by their citizens who defend themselves much better than others do.

However, it is a good idea I think, to assume you WILL spend the night in jail (at least that long) and never see your firearm again. To feel that way, IMHO, just helps a person deal with the situation. It is better to be pleasantly surprised than to be bitterly disappointed.
We are both saying the same thing, but I should have said PLAN ON BEING ARRESTED! Again we also agree on what state the shooting takes place in. Thanks for your valued input!
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Old 02-25-2012, 08:54 PM   #14
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Quote:
Originally Posted by Greg_E
Whenever you shoot someone in self defense with a CCW, YOU WILL BE ARRESTED! This is something every CCW permit holder must be aware of before that weapon ever clears the holster. Until the facts are brought out the STATE has the duty to gather all of the facts, evidence (your gun and ammunition), and all other crime scene data to decide whether or not to file charges. This isn't going to happen in 15 minutes especially if the shooting results in a death. I am in no way endorsing the United States Concealed Carry Association (USCCA), but they have an excellent website for this type of info and you can even purchase insurance to retain a lawyer that specializes in CCW cases. Laws vary greatly from state to state, so you may or may not get your gun back depending where you live. If in doubt, do some research on the laws in your area. Hopefully you will never have your gun taken from you!!! SHOOT STRAIGHT!
Not where I live from what I have seen and heard. If it is no doubt justified ie robbery, home defense, defense of another alot of times they even get to keep there firearm. Ride to the police station yes ride home usually with a pat on the back from leo.
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Old 02-25-2012, 09:58 PM   #15
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IMO, the second call after 911 and if there is a shooting will be my lawyer. that way any questions will be answered in his presence at his discretion. that way there are not going to be any suprises or slip-ups. i see it this way, if i am put in a situation where i feel that i need to use deadly force in defence of myself or loved ones, the last thing i will give a thought to is legalities. that is why there are lawyers,as the know the law much better than i do or ever will.
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Old 02-26-2012, 02:06 AM   #16
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Your bad dream is actually close to reality.

Google Sherriff Floyd Tidwell and san Bernardino. That Sherriff stole something like 500 evidence guns while he was in office, which means he stole about 1 per week. These guns were given to friendx and to many deputies as gifts. When he got caught, they did an amnesty program to get the guns turned in, but few made it...though the local press did report many deputies taking trips to Lake Meade (ok, the lake meade comment was a joke).

My point is that the folks we pay to protect us and to uphold the law are often the same ones that trample our 2nd amendment rights. So yeah, legally use your gun to defend your slef and it will most of the time be permanently lost. Oh, and to make matters worse, your concealed carry permit will likely be denied renewal.
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Old 02-26-2012, 02:56 AM   #17
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Your bad dream is actually close to reality.

Google Sherriff Floyd Tidwell and san Bernardino. That Sherriff stole something like 500 evidence guns while he was in office, which means he stole about 1 per week. These guns were given to friendx and to many deputies as gifts. When he got caught, they did an amnesty program to get the guns turned in, but few made it...though the local press did report many deputies taking trips to Lake Meade (ok, the lake meade comment was a joke).

My point is that the folks we pay to protect us and to uphold the law are often the same ones that trample our 2nd amendment rights. So yeah, legally use your gun to defend your slef and it will most of the time be permanently lost. Oh, and to make matters worse, your concealed carry permit will likely be denied renewal.

See, that's what I don't understand. On what grounds is my weapon kept permanently if it's a justified shooting...? The above PO said he got his back.
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Old 02-26-2012, 05:27 AM   #18
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See, that's what I don't understand. On what grounds is my weapon kept permanently if it's a justified shooting...? The above PO said he got his back.
The guy that got it back was really fortunate.

Some evidence guns end up in the hands of crooked law enforcement folks (See Floyd Tidwell) for personal use, others get sold for scrap metal with the money funding the Christmas party, and very few get returned. Why? Because they get away with it. Remember, most police departments would prefer to keep you unarmed...even though they personally never want to give up their own.

Case in point is Mike Carona, former Orange County Sherriff. He was tried and convicted, but kept his guns through his appeals...that would never be allowed to a civilian. Good news is he did end up going to jail and got to know bubba quite well....hard to say if he ever lost his guns...
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Old 02-26-2012, 05:52 AM   #19
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Well, I guess I can see how the Police would want civilians unarmed.

It goes back to "take the guns away, and only the bad guys will have guns".
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Old 02-26-2012, 06:52 AM   #20
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I feel sorry for those of you who live in a jurisdiction where a legally defensible shooting will result in an arrest. In my County of jurisdiction, the case will be thoroughly investigated and handled accordingly. You will be arrested only when there is probable cause to believe you committed a crime. Your gun will be returned as soon as cleared to do so by the presiding judge (a judge presides over the Grand Jury cases).

In the County of my residence, you will be thoroughly investigated and your gun will be returned along with a medal for ridding society of a miscreant thug.
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