Quote:
Originally Posted by Jeff Higgins
I do have just one counterpoint. I often hear that "if you use a gun you will lose that gun". This has been a topic of discussion in gun circles for as long as I can remember. My gun club, years ago, actually held a "self defense and the law" kind of a seminar, wherein we had many experts, both civilian and LEO, lawyers and laymen, giving advice and recounting their experiences.
What we learned was that in the case of lawful self defense, that is hardly ever the case. Especially if the shooting occurred in your own home or on your own property. Out on the street, it gets a little dicier, but - what we were told - is that unless there was sufficient probably cause to see you arrested, you are not legally required to forfeit your property. In these cases, your gun.
Yes, by all means, you will surrender it upon the arrival of the police as they secure the crime scene and get things sorted. If they wind up arresting you (and they often will), the gun will be kept as evidence. If they do not arrest you, they do not get to keep the gun. If you are released with no charges, they do not get to keep the gun. The only way they get to legally keep it is if charges are filed. Oh, many will try, many will say it's "departmental policy", but the fact remains it is illegal to keep your firearm unless it's being held as evidence in the crime for which you have been charged.
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Good call, should have clarified...and I would emphasize the "many will try" point/angle.
If you are released with no charges/citations, then you "should not" have to surrender your firearm. If you are arrested, cited, or end up in some scenario where your firearm ends up in PD custody at the station, then all bets are off.
However, even if you are ultimately not charged, there can often be hoops to jump through to get your gun back.
I have first-hand experience with this, involving an off-duty LEO, who found himself in a sticky situation (detained and taken to the station for questioning but ultimately released when the facts came to light), and it took threat via his attorney and his home-department LT. pitching a fit to get his gun back in a timely manor.
I've also have direct experience with a "guns out" situation (potential road rager approaching my vehicle) where the police were called by onlookers. They showed up, and initiated a felony stop on me (the other guy took off prior to their arrival). I was detained on scene, my firearm was taken, and was held for 30+ minutes or so while they conducted their investigation. I was subsequently cleared/released, and given my gun back immediately (they unloaded it, set it in my trunk, and put the mag +1 round in the glove box). The other guy was arrested after they caught up with him later that afternoon. Fun times!
