Carrying and having to use your gun

Discussion in 'Concealed Carrying & Personal Protection' started by Buskowski, Mar 13, 2013.

  1. Buskowski

    Buskowski New Member

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    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.
     
  2. Bob Wright

    Bob Wright Member

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    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: Mar 13, 2013

  3. c3shooter

    c3shooter Administrator Staff Member

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    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.
     
  4. txpossum

    txpossum New Member

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    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: Mar 13, 2013
  5. txpossum

    txpossum New Member

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    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.
     
  6. Buskowski

    Buskowski New Member

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    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.
     
  7. ScottA

    ScottA FAA licensed bugsmasher Lifetime Supporter

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    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.
     
  8. JonM

    JonM Moderator

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    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
     
  9. txpossum

    txpossum New Member

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    And I accept PayPal.
     
  10. ScottA

    ScottA FAA licensed bugsmasher Lifetime Supporter

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    Perfect! :)
     
  11. c3shooter

    c3shooter Administrator Staff Member

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    Well played, sir! Well played! :D