Odds of getting your gun back after a "situation", and subsequent confiscation by LE?

[ATCclears]

Background. I'm still a bit of a newbie, but I do my have CPL and I've picked up a couple of pistols. I'm starting to wonder what I might purchase for a concealed pistol (CCW).

Question. If one ever got into a "situation" (whatever that may be, and to whatever depth), what are the odds of getting the pistol back if it was confiscated by law enforcement?

I'm asking since I'm debating how much to spend on a CCW pistol. Yes, I'm considering factors such as reliability and my ability to shoot that pistol well. There are some lovely pistols out there such as a Dan Wesson 1911. However, I'm wondering if I should spend less for the CCW and relegate the expensive pistols to just weekend fun at the range.

In addition, I have no desire to go out and be Rambo. After reading the posting below (the original posting, not the debates) I am beginning to realize that there could be situations where one is forced to show the pistol or draw. It got me wondering the "what if" scenarios for when law enforcement might want to see or confiscate the weapon even if it wasn't fired by me.
http://www.northwestfirearms.com/strategies-tactics-training/80765-street-robberies-you-basics.html

Any input on laws or actual experiences are appreciated.

Peter

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[One-Eyed Ross]

I think, more than anything else, this is dependent on location, location, location. I live in a very rural county...I think that police/sheriff depts out here are far more understanding of why/when force is used than more urban/metro places.

Personally, I would be more concerned with shot placement than on worrying about the afterwards. Take care of business FIRST, then worry about other stuff. If you are worrying about "what if" when the time comes, you'll be slow to react.

 

[tomcat mv]

I have a few LEO friends and most will tell you that in any given situation, they can usually tell from experience, the "good guy" from the "bad guy". that said, as a CCW permit holder myself who caries everyday, I would never pull my weapon unless I thought I or someone else was in mortal danger. If you ever are in a shooting situation, the gun is likely going to get confiscated for evidence and will probably take a looong time to get it back.

 

[waltermitty]

also, folks reading this thread who seriously consider using Title 2 firearm as their CCW should
re-examine their policy. as much time/money spent on attaining T2, some which are babied
or customized, do you really expect the quick return of the firearm...and that it be in pristine
shape?

 

[Nwcid]

As said some of it will depend on where you live major urban vs smaller towns.

The big factor will be the situation you are in. In some you may never get them back or may never be able to legally possess them again. In others you may not even get them taken away. If you are charged with a crime (the only way they will get taken away) and they are taken there is no way you will get them back before the case is settled.

From a personal experience I had 2 guns confiscated many years ago. I will not go into what happened, but it was something simple and dumb. After my court date (less then 60 days later) the charges were dropped and not only did the PD have to return my guns they were ordered to bring them to me by the judge. I went to pick them up and asked the LEO why I had not got my guns back. Said I was there to pick them up to save them the trouble of bringing them back. LEO made some snide comment about not being a "delivery boy" and would get to it when he felt like it. Just reminded him what the judge said and he didnt care. I told him I would see him soon at my business (where the guns were to be delivered) and got a "whatever" look from the guy. Left the PD and called the court. Less then 2 hr later "delivery boy" was there with my guns and didnt look so happy.

 

[PaulZ]

In the valley of the Willamette; I would carry an ex police firearm from eastern Europe. But that's just my
faith in the system. You may never get it back.

 

[Nwcid]

also, folks reading this thread who seriously consider using Title 2 firearm as their CCW should
re-examine their policy. as much time/money spent on attaining T2, some which are babied
or customized, do you really expect the quick return of the firearm...and that it be in pristine
shape?

Any proof to back this up or just repeating what has been said on the net over and over and over again?

I have several NFA items and would not hesitate to use them in a situation to defend myself. My life is worth more then the possible time away from my firearms. If they are not returned in the same shape then sue for damages..........

 

[RVTECH]

what are the odds of getting the pistol back if it was confiscated by law enforcement?

I don't know if the if the situation dictates the outcome but my answer to the question is zero in Kalifornia from personal experience.

 

[PaulZ]

Sue for damages? Now that is a fantasy!

Any proof to back this up or just repeating what has been said on the net over and over and over again?

I have several NFA items and would not hesitate to use them in a situation to defend myself. My life is worth more then the possible time away from my firearms. If they are not returned in the same shape then sue for damages..........

 

[SonicBlue03]

A good lawyer = anything is possible.

Friend of mine was involved in an armed confrontation in '95 in Spokane. They seized his sidearm and charged him with multiple counts. In '97 he was acquitted of all charges and jury ruled that self-defense applied. SPD didn't want to return anything but did surrender his sidearm back to him. The crappy part was that "Evidence" tape does not come off easily and damages the bluing on a firearm. So he had to have it redone which he ended up eating the cost on.

 

[Nwcid]

Sue for damages? Now that is a fantasy!

All it takes is a good lawyer.......

 

[Blitzkrieg]

Glocks are pretty tough and make a good carry gun that will likely survive the time in an evidence locker

 

[PaulZ]

But, at what cost? I do not believe it will pencil out.

 

[PaulZ]

You did not mention how much the defense cost. All this "good lawyer" stuff sounds good but; in real life it is utter balderdash.

A good lawyer = anything is possible.

Friend of mine was involved in an armed confrontation in '95 in Spokane. They seized his sidearm and charged him with multiple counts. In '97 he was acquitted of all charges and jury ruled that self-defense applied. SPD didn't want to return anything but did surrender his sidearm back to him. The crappy part was that "Evidence" tape does not come off easily and damages the bluing on a firearm. So he had to have it redone which he ended up eating the cost on.

 

[DieselScout]

Frankly my life is worth more then carrying a crappy firearm because it may get taken away. This should not enter into you decision when choosing a piece to defend yourself. If for some strange reason it was never given back, which I highly doubt if you are acquitted, then look at it as an investment in your own safety and the safety of your family. I would be more worried about physically losing it then never getting back from the police.

EDIT: Other comments about evidence tape can be true, also cops aren't known to clean or lube evidence, so chances are it will be stored in whatever condition it was seized in, if that is fresh from a mud puddle or soaked with rain, that is the way it's going in the locker, no two ways about it. I wouldn't recommend madly wiping down the firearm either. It won't look to great to the units rolling up onscene.

 

[PaulZ]

You have to define "crappy". Makarovs don't jam. That is all I care about

Frankly my life is worth more then carrying a crappy firearm because it may get taken away. This should not enter into you decision when choosing a piece to defend yourself. If for some strange reason it was never given back, which I highly doubt if you are acquitted, then look at it as an investment in your own safety and the safety of your family. I would be more worried about physically losing it then never getting back from the police.

 

[branson4020]

I don't know anyone who carry's a 'crappy' firearm. I'm not advocating trusting your life to a Hi-Point, but its not necessary to carry ballistic jewelry either. You may choose to carry a Wilson Combat, but a KelTec or Bersa or Taurus or .... will reliably do its job if you do yours.

 

[One-Eyed Ross]

Glocks are pretty tough and make a good carry gun that will likely survive the time in an evidence locker

yeah, but it'll still be a glock...

 

[SonicBlue03]

You did not mention how much the defense cost. All this "good lawyer" stuff sounds good but; in real life it is utter balderdash.

I'm aware of the cost; and yes that may be too significant for some people or families to cover. However, you have the ability to recoup costs - sometimes successfully - in the event of a successful defense. I don't recall how much of theirs they recovered, but I believe it was a good chunk.

Ultimately, though, if I lose one of my firearms that cost me a grand or two and it saves my life I'll consider the cost tradeoff a win.

 

[hermannr]

First, you don't have to conceal just because you have a CPL. If you wish to conceal with a CPL, that is your business, just don't think you must.

Snohomish Co isn't all that bad. There are quite a few people that OC there, and I haven't heard about a lot of LE harrasment becasue of it. The Everett training builitin on OC is pretty much OK. I'm sure that has a lot to do with no problems.

The biggest problem is you, the person carrying. If you are a Nervous Nelly (cc or OC) someone will notice and want to know why you are so nervous. If you handle yourself as if you know you're are doing nothing wrong, just going about your daily business, you will probably never have any reason to worry about your worries.

What to carry? Something that gives you confidence and that you shoot the best. Another reason to forget OC or CC when you choose. If you end up with a full sized carry being best for you, you will not like to carry concealed. If you find one of the small compacts works great for you, they are easy to conceal with relative comfort and you can do what you want.

Personally I have several ful sized, a 6" revolver, and a smaller CZ82 in 9X18mm. However, with me, I find OC, even with the CZ82, more comfortable and only conceal when I have a jacket or coat on, and then only because I have a jacket or coat on.

I have carried in WA (mostly OC, mostly on the wet side, even though I live on dry side now) for the last 40+ years, never had the police hassel me, or even ask about my carry, except asked if I was hunting once,,,,let alone had anyone take it for any reason. I have never been asked to present my CPL, ever.