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Do You Get Your Gun Back Or Not?

If you have a firearm and are arrested as part of a shooting will you ever get your gun returned?

  • Yes

    Votes: 0 0.0%

  • No

    Votes: 0 0.0%

  • Depends On The Area

    Votes: 14 100.0%
  • Total voters
    14
S

SCraig

Operator
I remember while taking my classwork for my carry permit 25 or so years ago we had a local attorney come in and give a talk regarding the legality of carrying a firearm and what you are in for, guilty or not, when everything is over. One of the items he mentioned is that regardless of whether you are right or wrong if you fired a shot you are likely to have you firearm confiscated and the odds of ever seeing it again are very high.

My question is whether other feel this is true or not. I'm pretty sure we will never get a cast in stone "Yes" or "No" answer but maybe enough information will be there where I feel confident that there is some truth to the statement or not.

I'm pretty sure it's safe to say that it is going to vary from one jurisdiction to another and one area to another. If you fire a gun in some of the regions of New York or Los Angeles then I can see it going away forever. Down here in Nashville I would feel more confident in eventually getting it back. Probably not in pristine condition but at least somewhat resembling what it started out as.

The reason I'm asking is that I've always been reluctant to carry my "Good" guns since there was a chance of their going away forever if something went down. Other than that it's just more of a curiosity than anything else. So what do you guys think?​
 
This is a Ohio county, where i was a Deputy Sheriff.

We used to have to petition the court to keep the weapon, if used in a nonviolent situation. If it was used in an act of violence you were probably never going to see it again. Definitely would never see it again in a murder or felonius assault. Didnot matter if it was a gun or pipe wrench. You always have an option to petition the court for return.

Self defense just depends
 
Domar1291 said:
This is a Ohio county, where i was a Deputy Sheriff.

We used to have to petition the court to keep the weapon, if used in a nonviolent situation. If it was used in an act of violence you were probably never going to see it again. Definitely would never see it again in a murder or felonius assault. Didnot matter if it was a gun or pipe wrench. You always have an option to petition the court for return.

Self defense just depends
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Exactly. This mirrors my experiences as both a prosecutor (many years ago) and a defense lawyer.

Carry accordingly. The use is a decision with life-altering consequences. And like @KillerFord1977 states, the firearm should be the least of your concerns.
 
i don't know......never had it happen to me, never actually knew anyone that it DID happen to..

to me, its all conjecture, opinions, and internet talk

which is why, my ccw gun, is an inexpensive, but highly capable Glock G-19

if any of these situations actually occur, better my G-19, than my $1,500 Dan Wesson.
 
Anchorite said:
He said that if your firearm was confiscated, you will very likely see it again?

Huh?
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I said ...
if you fired a shot you are likely to have you firearm confiscated and the odds of ever seeing it again are very high.
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And you are exactly right and pay more attention to what I type than I do. If I had typed "Never" instead of "Ever" it would have made more sense and I assume that's what I thought I did. Regardless, thank you for pointing out the error.
 
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While it may cost you a few bucks, have an attorney make up an order for return of the gun to be signed by the trial Judge. Also if your gun is taken by police insist on a property receipt that includes serial number make, model, and caliber as well as the case number and the officer that seized it. In any case it's not a bad Idea to have detailed photos of your guns and the sales receipts.
 
Old_Me said:
i don't know......never had it happen to me, never actually knew anyone that it DID happen to..

to me, its all conjecture, opinions, and internet talk

which is why, my ccw gun, is an inexpensive, but highly capable Glock G-19

if any of these situations actually occur, better my G-19, than my $1,500 Dan Wesson.
Click to expand...
So your life isnt worth $1500
Good to know
 
BruceMc said:
While it may cost you a few bucks, have an attorney make up an order for return of the gun to be signed by the trial Judge. Also if your gun is taken by police insist on a property receipt that includes serial number make, model, and caliber as well as the case number and the officer that seized it. In any case it's not a bad Idea to have detailed photos of your guns and the sales receipts.
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i keep all my sales receipts, which of course, has the serial numbers on them...i even still have the sales records of all the guns i have sold. but for me, no pics.
 
You may get it it back…now the returned condition may be less than desirable. Lots of folks don’t take very good care of things not theirs (and even things that ARE theirs). So in the years it takes it to get returned, it will likely be dropped multiple times, banged around, someone will want to take it apart and not know how to put it together, etc.

It always fascinates me on Cops or On Patrol Live how many actual cops find guns in cars and have to get help to make the weapon safe (though I do give them credit for actually asking for help instead of just pushing and pulling on things). Never thought I’d see an LEO not know release magazine, slide to rear to expel round, check chamber, lock to rear.

As others say though, if it saved you and yours, does the loss of a piece of property matter?
 
Lab4Us said:
You may get it it back…now the returned condition may be less than desirable.
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True.

Here in South Alabama it all depends on who the arresting Agency is.

I have negotiated the return of some handguns over the years. Upon return some looked as if they had been attached by chain to the bumper of a cruiser and repeatedly drug down a gravel road. Others were returned without magazines. No rhyme or reason.

And in one case, I had a client who was arrested for DUI. He claimed his Colt King Cobra was in his truck at the time of his arrest. Even had the original box and sales receipt to prove he had one.

(shrugs)

It was he-said, he-said affair, because the Colt was nowhere to be found. Judge told us to, "go figure it out." Ya. Thanks, Your Honor.

But what to do? Report it stolen with another agency and that way it goes int NCIC. From my understanding firearms don't fall out of that system ever, so there remains hope one day that it will pop up.
 
I live in Southern Illinois. Illinois does have some very good use of force laws on the books. I may be wrong but I do believe my firearm would be returned to me if I had to use it to defend myself or another.

I will not , nor have I ever , worried about it one way or another. With that being said , there are certain parts of this state that I would say ," Your gun gonna be gone son!"
 
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