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What happens to a gun legally used in self-defense?

June 28, 2009


Question about gun returned after self defense shooting..

I am curious based on some responses I read on a message board. Some people stated they would use the cheapest, most effective gun because it would be confiscated by law enforcement if used for self defense. I am not interested in whether they are correct or not, but I do wonder about their statement.

What happens to a gun that is legally used in self-defense? Is it confiscated (forever, temporarily, at all?). Assume you have a concealed carry permit and had to shoot someone or fire a warning shot in self defense. Would your gun be taken? What if you used a gun legally in home defense?

I know the law may vary by state and locality, but I am interested in hearing from law enforcement officers.

Answers in Comments below..

Written by SelfDefenseWatcher · Filed Under Self Defense Q and A 

Comments

9 Responses to “What happens to a gun legally used in self-defense?”

  1. Lt. Dan on May 30th, 2009 12:53 pm

    I know the court has the authority to give a gun back. They will probably wait until the civil side of it is over if somebody is getting sued. I have had guns I confiscated from persons in the comission of a crime given back to the person when they were found not guilty (the judge said I didn't have a right to search someone who threatened the life of a store employee, go figure?).
    So eventually it is theoretically possible to get the gun back, but personally I would write it off and just consider it a bonus if it ever came back. That is why people are saying that… It isn't likely to find its way home again.

  2. cork on May 30th, 2009 12:53 pm

    you keep your gun.. if it was ever taken….you get it returned.

  3. Curious1usa on May 30th, 2009 12:53 pm

    Without going into any other of the issues, if a weapon is legally owned, and there is no legal reason not to, it will be returned to the owner after it is no longer needed as part of either the investigation or the prosecution of the case.

  4. Richard L on May 30th, 2009 12:53 pm

    As long as you have not broken any laws, the government is banned from taking your property.

  5. brad_left_jenn_for_me on May 30th, 2009 12:53 pm

    Once the investigation was complete, and no crime was committed, you would receive your property (the gun) back.

  6. ArkieBoi on May 30th, 2009 12:53 pm

    First, never, ever fire a warning shot. If you have to shoot, shoot to kill. Here in my area, if I have to shoot someone, they will hold the gun until the investigation rules if it was a good shoot. If it is, then they give me back my gun and the left over shells. If not, they charge me and use it as evidence at the trial.

  7. airbob61@verizon.net on May 30th, 2009 12:53 pm

    Yes, the gun would be confiscated as evidence pending an investigation. The facts of the investigation are turned over to the District Attorneys office for a final determination. If the D.A. declines to prosecute, ruling that the killing was justifiable, the weapon will be returned to the owner.

  8. dtwladyhawk on May 30th, 2009 12:53 pm

    You don't need a law enforcement officer-I doubt they would know the law. If a weapon is used in self defense the weapon is confiscated until the crime scene is verified.(you could be lying and shot your wife's boytoy), if you are proven innocent of any crime by the evidence and you have a license to own that weapon it will be returned to you. Be careful with guns, generally the owner does not know how to operate the weapon and it is used against them. Or they shoot a family member coming from the bathroom. The conceal carry permit is problematic. Here you are walking thru WalMart parking lot and you see some guy roughing up a woman, what do you do? You have a gun and a cell phone. You are not a trained police officer, so you use the cell to call 911. If the man grabs the woman around the neck I would shoot him in the leg, if that doesn't stop him shoot him in the other one. Depends on the state as you say, but almost anyone is covered by the 'in defense of another' rule. Oh, yeah, about the gun in the house deal-if your gun is one place and ammo another that is a problem, if someone comes into your house and you have your gun and they are robbing you no weapon brandished-do not shoot them. Call 911 and hold the weapon on him 10 ft away hands up and wait for the police. If you kill him they can get you for manslaughter. If he's in there raping your daughter, fill him full of holes-not really.

  9. kenai_sailor on May 30th, 2009 12:53 pm

    In Alaska it gets cleaned and put away for next time

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