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

[Blitzkrieg]

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

I have many handguns and tend to be a cocked n locked kinda guy but I feel perfectly fine and well served carrying a Glock :woot:

 

[nwwoodsman]

Going back to the original question, a relative of mine was recently pulled over in St Helens by a local cop. He had a pistol in his vehicle in full view, however did not have a CCW. The police officer said that because it was concealed in a holster and loaded, he charged him with illegal possesion of a firearm and confiscated his pistol. Now Oregon state law clearly states that being in a holster is not concealed. It also makes no restrictions on a loaded firearm. My relative got in contact with a lawyer through the OFF, and during a pre-trial hearing a judge walked in and told the D.A. that it would not stick. The case was dropped. The lawyer said that was the first time in his career he'd seen that happen. So, with a bogus charge and a judge saying to drop it the police department in St Helens refused to release the pistol and wanted to hold it for another 3 months, for what I can figure to be only out of spite. It took a few more phone calls from a mutual friend of my relative and the police chief, but he got it back a little sooner. Guess it's all a matter of having a good attorney, where the law stands, or having a mutual friend of yourself and a crooked police department

 

[gaijinsamurai]

Sounds a little like my experience. When I was a college student, I was wrongfully arrested for carrying a concealed pistol (I had a Ruger MK II in plain sight) and the gun was confiscated. The charges were dropped and a judge ordered the police department (City of Eugene) to return the pistol to me, but it took weeks and multiple phone calls and threats for them to actually do it.

I didn't have my CCL at the time, and that experience was the catalyst for going out and getting it.

 

[deen_ad]

I have at least one more if not two more of my carry weapon, including extra spare mags. Might not even be purchased at or from a dealer so no record. I'll just go home and pull one out and stick it in the empty holster.

 

[deen_ad]

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

And lots of $$$$$$$$$$$, probably more than the gun is worth!

 

[deen_ad]

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

Not so sure about that, did you see the pictures the NRA published of the firearms confiscated during Katrina and stored for several years in a leaky storage trailer?

 

[SonicBlue03]

If you find yourself in front of a judge and whatever charge you faced is dismissed, ask for the judge to put a deadline for the police department to return your firearm. Maybe they will, maybe they won't but I think most judges will see that as a reasonable request. If they timebox it, then see how badly they want to face a judge's wrath if they delay past that date.

 

[Blitzkrieg]

Not so sure about that, did you see the pictures the NRA published of the firearms confiscated during Katrina and stored for several years in a leaky storage trailer?

In that situation not even stainless is any guarantee. At least if the Glock rusts it will still clean up. I look at them like an axe, shovel or wrench.. a tool

 

[hermannr]

Going back to the original question, a relative of mine was recently pulled over in St Helens by a local cop. He had a pistol in his vehicle in full view, however did not have a CCW. The police officer said that because it was concealed in a holster and loaded, he charged him with illegal possesion of a firearm and confiscated his pistol. Now Oregon state law clearly states that being in a holster is not concealed. It also makes no restrictions on a loaded firearm. My relative got in contact with a lawyer through the OFF, and during a pre-trial hearing a judge walked in and told the D.A. that it would not stick. The case was dropped. The lawyer said that was the first time in his career he'd seen that happen. So, with a bogus charge and a judge saying to drop it the police department in St Helens refused to release the pistol and wanted to hold it for another 3 months, for what I can figure to be only out of spite. It took a few more phone calls from a mutual friend of my relative and the police chief, but he got it back a little sooner. Guess it's all a matter of having a good attorney, where the law stands, or having a mutual friend of yourself and a crooked police department

There is only one thing your friend NEEDS to do now...and this is for EVERYONE!!!! File a FEDERAL civil Rights Law suit. Don't go for big bucks, go for a settlment of training and change in policy (and enough money to pay the lawyer and for his time) If this PD is not taken to court and had their pocket picked, they will do it to someone else.

 

[bikejunkie]

I feel like in the event of a "situation" regarding a firearm, not only will the police seize the weapon, but you're likely going to need an attorney anyway (especially if it was a shooting/justified homicide) for your defense. This attorney will cost far more than even a really expensive pistol so you just have to chalk it up to having a weapon you enjoyed and were proficient enough with to defend yours or others lives, and if you never see it again, then it was a disposable tool and you purchase a new weapon, if you get it back- so much the better. If you're dropping 5-10g's on an attorney to defend yourself for justifiably capping some scumbag, losing a $600-$1000ish pistol isn't that big a deal. Not to me anyway. There's always another pistol at the gun shop

 

[DieselScout]

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

Crappy to me would be compromising you're choice of what you shoot well with and are comfortable with because it may get taken away. I carry a Glock, some people hate Glocks and can't shoot them well, but you can find them for cheaper then say a nice SIG or Hk, both of which the shooter, shoots great. The crappy gun would be the Glock, not because of it's ability or build quality but because the carrier can't shoot it. They are compromising.

FWIW, I had a friend who had a Mak and it impressed the hell out of me for sure.

 

[branson4020]

Overheard between to sheriff's deputies at the crime scene:

"What the heck happened to this guy?"
"Tried to rob John Citizen over there."
"John was armed?"
"Yep, put two in the perp's center."
"Jeez, really messed him up. Those are some ugly, crappy holes."
"Yeah, well it WAS a Glock."

Just so we all remember what it's really about.

 

[deen_ad]

Overheard between to sheriff's deputies at the crime scene:

"What the heck happened to this guy?"
"Tried to rob John Citizen over there."
"John was armed?"
"Yep, put two in the perp's center."
"Jeez, really messed him up. Those are some ugly, crappy holes."
"Yeah, well it WAS a Glock."

Just so we all remember what it's really about.

So, the Glock is a magic weapon and leaves bigger, more ragged holes than say a Kahr in the same caliber?

 

[branson4020]

So, the Glock is a magic weapon and leaves bigger, more ragged holes than say a Kahr in the same caliber?

Humor impaired?

 

[AMT]

It seems to be the general concensus that your firearm will be confiscated and will be away from you for a while. What do you do while waiting for its return? Do you go buy one high dollar firearm to carry, or two of something less expensive? A friend of mine asked me once... "If you were on vacation in a different state, and you got pulled over and your gun was confiscated, how many thousands of dollars are you will to spend getting it returned?" Sometimes "writing it off" (for lack of a better term) is a LOT more cost effective. Makarov's are great, as are Glocks. I know that if I am far from home, and my firearm is confiscated, I'll have to seriously ponder paying thousands of dollars to have my $500-$800 firearm returned. Yeah, it'll hurt and p_ss me off. But at what point do you hire a lawyer for $3000+ for the return of a $1000+ firearm? It doesn't make sense - other than the fact that it is for the principle of it. IMO, leave the expensive "fancy ones" for the range.... Carry something that you aren't afraid to walk away from.

 

[bikejunkie]

The only thing in my life that is irreplaceable is my wife, and I'll likely be dead before she can be taken from me. All the other stuff- home, cars, bikes, guns- it's all just stuff that can be replaced pretty easily

 

[Misterbill]

Unless you are charged, in Washington you can expect your weapon to be returned to you.

 

[Misterbill]

I feel like in the event of a "situation" regarding a firearm, not only will the police seize the weapon, but you're likely going to need an attorney anyway (especially if it was a shooting/justified homicide) for your defense. This attorney will cost far more than even a really expensive pistol so you just have to chalk it up to having a weapon you enjoyed and were proficient enough with to defend yours or others lives, and if you never see it again, then it was a disposable tool and you purchase a new weapon, if you get it back- so much the better. If you're dropping 5-10g's on an attorney to defend yourself for justifiably capping some scumbag, losing a $600-$1000ish pistol isn't that big a deal. Not to me anyway. There's always another pistol at the gun shop

What are you basing this on?

I'm not aware of a rash of self-defense shootings that were in any way justified where the shooter was charged, much less convicted. The only case of which I'm aware recently was the case where the guy waited for suspected burglars and shot one of the unarmed suspects in the back as he was running away. Ya, if you do something that blatantly illegal, you're going to need a lawyer.

 

[captainorange]

A friend of mine got charged with illegal possession awhile ago. The charges were dropped but he was given hassle getting the gun back (Washington County). After almost a year of listening to him complain I made him call and write down exactly what there reason for not returning it (he gets flustered very easily when he's upset and gets confused). Basically they said the registered owner is the only one they could release it to and since he bought it private party he figured he was screwed. After informing him that there is no gun registry in Oregon and pointing him to OFF he called back. This time he was told that all he needed was a bill of sale. After a fake bill of sale was written up he finally got his gun back. Seems like a bit more hassle than it should have been.

 

[bikejunkie]

What are you basing this on?

I'm not aware of a rash of self-defense shootings that were in any way justified where the shooter was charged, much less convicted. The only case of which I'm aware recently was the case where the guy waited for suspected burglars and shot one of the unarmed suspects in the back as he was running away. Ya, if you do something that blatantly illegal, you're going to need a lawyer.

I don't know about you, but should I ever have to shoot someone I will lawyer up immediately. When a person is shot the police show up to investigate a homicide. They aren't there to be your buddy. That homicide is likely justified but most people will be best served by having an attorney skilled in firearms law/self defense cases on your side. I think a civilian shooting a scumbag and not having to hire an attorney to represent them in the aftermath is pretty rare. There will always be an investigation and I want someone skilled watching my back when their is. An instructor told me the only thing to say to the police is "that scumbag came at me, I feared for my life, if it survives I'll sign the complaint to press charges- ask me no more questions until my attorney is present that I may not incriminate myself" this is because in the aftermath of a shooting you are likely going to be so wound up from adrenaline you may not even know what you're saying and you don't want it to come back and haunt you. It's proven that often after a police shooting the investigator will ask the officer "how many times did you fire?" and the officer nearly always responds with fewer shots than they actually took because they just don't know from all the chemicals your body releases in a fight or flight situation. Here's a good link to some myths and answers from a trainer I have worked with and respect:

<broken link removed>