Thread: Police confiscating your gun after a shooting

I have heard some horror stories about people getting their gun taken away as evidence after a shooting. Justified or not, I have heard of people never getting their gun back because of so much red tape involved. Is this normal behavior by the police up here in WA as well?

I really want to put some money towards a high end piece for carrying but don't really want to if there is any chance of not seeing it again after a shooting. I don't care if I lose my 400 dollar glock to the police but would be pissed off if I was to never get back my 2000.00 custom carry 1911.

any input/comment is very much appreciated.

Thanks,
Chipperxd

I don't know. I would be pissed off if the police took my Glock. I too have heard talk about that sort of thing. I heard of one guy who had that happen and it took a lawyer to get his gun back. I have no personal experience with it though.

I know in San Jose, CA that if a firearm is confiscated, it almost takes an act of God to get it back. And it does not matter if the firearm was confiscated legally or illegally.
I say this because a friend of mine had his house broken into back in '98. The cops came in and took any and all weapons that were not nailed down or hidden away. He was still fighting to get his firearms back in 2007. A judge ruled that he was to get them back, but the police department decided that they would give the weapons back in their own sweet time. Last I heard, he got the first of 5 back about 6 months ago, but definately not in the same condition as it was taken.

It seems to be an odd if not revealing question. Are you planning on shooting someone? I think that this would be the last thing on your mind after a shooting, IMHO.

This is a good reason for a SAFE being locked. They WILL not be allowed into my safe without a warrant. So yes maybe they could take one gun but not all of them, but the rest fell in the river anyway so what does it matter :-)

Another reason never to contact the cops.

If I use my carry gun in defense of myself or my family, I would be lucky if I walk from it only having lost a $2000 custom carry gun.

You should carry the gun that you are most proficient with regardless of potential losses. The stakes (your life) are too high to worry about the value of the gun lost. It wouldn't make sense to practice with a custom 1911, get used to it's fit, function, and characteristics only to carry a S&W sigma because they are cheap. When the time came to use your "throw away gun", you may pay for your mistake with your life or with someone elses.

If you use your gun, you WILL be sued. You could shoot a bank robbing, car stealing, drug dealing, crack head while they are knifing your grandmother and you will STILL get sued. You may win, but you will pay to defend yourself. That defense will cost your personal money. The only way I see you not being pulled into a civil suit is if the person was killed, they had no living relatives, and the situation was very clear that you were in the right.

I hope to be in exactly 0.00 gun fights in my life. If that number ever gets to 1.00 and I do the right thing and escape with my life and my family's lives, I will consider it a victory regardless of financial consequences.

I carry what I consider to be my most reliable "carryable" handgun that I have trained with and can use effectively.

Just my 0.02

Originally Posted by klkmj

It seems to be an odd if not revealing question. Are you planning on shooting someone? I think that this would be the last thing on your mind after a shooting, IMHO.

I don't see it as odd at all. Firearms are expensive, why wouldn't someone be concerned about getting their property back? Yes AFTER a self defense shooting it should most likely be your last worry, but I think you have taken the meaning of his post and warped it. Reflecting your opinion of why it was asked. It's a legitimate question, with no malice behind it in my opinion.

I know two different people that have had to defend themselves with a gun, both incidents ended short of actual shots fired, both times police initially seized the guns, both times the victims had their guns returned to them. You will have to ask for them back and get a release, the police property division as with any material of value will just keep it unless you ask for it back.

Originally Posted by MarkSBG

You should carry the gun that you are most proficient with regardless of potential losses.

and i'll only add that:

if the weapon YOU are most proficient with is not the most efficient killing device you can legally own and afford, then you need to begin re-training yourself.

to me... there's no point owning a gun if it's not to gunfight with. so why the **** would i ever own a $2,000 gun, if it wasn't to defend life?

Originally Posted by MarkSBG

If I use my carry gun in defense of myself or my family, I would be lucky if I walk from it only having lost a $2000 custom carry gun.

I agree with you 100%, but I'm sure you would still like to have the gun back if possible.

Originally Posted by klkmj

It seems to be an odd if not revealing question. Are you planning on shooting someone? I think that this would be the last thing on your mind after a shooting, IMHO.

Revealing what? That you would prefer to retain your lawfully purchased property?

One of the 10 Commandments of Massad Ayoob.

Once you’ve found a carry gun that works for your needs, it’s a good idea to acquire another that’s identical or at least very similar. If you have to use the first gun for self-defense, it will go into evidence for some time, and you want something you can immediately put on to protect yourself from vengeful cronies of the criminal you were forced to shoot. If the primary gun has to go in for repair, you don’t want to be helpless or carrying something less satisfactory while you’re waiting to get it back.

IMO, very high end guns are range guns, either bench or competition.

Would I be happy about a Glock being taken into evidence? No. But I also know that I can duplicate it for not much expense, not much labor, and no gun smithing.

thanks again for all the input guys. I agree that losing your firearm should be the last of your worries after SHTF, but it is still a concern for me. Like it has been mentioned, if there is anyway to get it back, why wouldn't you? how can you just say "meh forget about my Ed Brown Kobra Karry, it's gone" or "meh I will just get another NightHawk Custom"?

and no, I am not planning on shooting anyone today or anytime in the future.

there's no reason you shouldn't get your gun back. i really, really wouldn't worry about it.

Your first and foremost concern is saving the life of yourself or that of a loved one. Losing a gun or being sued should be far from your thoughts. But counseling with an attorney versed in use of force issues, should be at the top of your list now..

Originally Posted by Trlsmn

Revealing what? That you would prefer to retain your lawfully purchased property?

Revealing that it seems to be an ill placed priority, and the last thing must of us would be concerned about after taking someone's life.

Originally Posted by wichaka

Your first and foremost concern is saving the life of yourself or that of a loved one. Losing a gun or being sued should be far from your thoughts. But counseling with an attorney versed in use of force issues, should be at the top of your list now..

Yes I agree, I was reading and NRA magazine and the average self defense case is around $80,000. I think that cost a lot more than the gun.

What is your LIFE worth? That is the real question in my view. I don't disagree with wanting to recover your gun after a justified defense shooting - I would want to recover my property also, but you have to live through the situation in order to recover it.
Also I have to agree with the Massad Ayoob quote above - "it’s a good idea to acquire another that’s identical or at least very similar."
If you shoot best with your $2k custom carry 1911 you might want to acquire a less expensive 1911 commander or similar and upgrade it as funds are available - probably start with any work needed to fix any reliability issues, followed by a good trigger job and maybe any changes needed to give it an ergonomically similar feel, etc.

I agree with all the comments. there is no price that you can put on your or your family's safety. that's wasn't what I was trying to get it. the question about getting your gun back was after all the legal issues were settled. the gun will probably be the last thing on my mind if I get into any legal issues due to the shooting.