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

[Misterbill]

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>

I won't quibble with your advice for the most part, though lawyering up right away will almost certainly wind up with you spending the night in jail needlessly. If it's a really questionable shoot, that may be a small price to pay. Otherwise it's needless. Tell the cops the bare-bones facts and then decline to answer any other questions. The cops will appreciate your giving them that much and will understand your refusing to answer more questions. Lawyering up will result in their assumption that you weren't justified and they will have no choice but to take you into custody. They will also then be prompted to look a lot more closely at the case than they might have otherwise done.

This is the advice I've had from several criminal defense attorneys AND police.

In Washington it's very unlikely that you will be charged with a crime unless you either clearly broke the law (shooting someone over property when no threat was present) or it's a very questionable shoot as to physical evidence.

We've had quite a few self-defense shootings in this county over the last few years, a couple of which IMO were so out-of-wack that *I* would have prosecuted the shooter. None have been charged. All the cases in Washington of which I'm aware where someone has been charged have been pretty clear violations of the law.

Again, your advice isn't bad, but I refuse to live in a state of "I'm going to be charged no matter what" paranoia that's simply not justified by experience. This isn't New Jersey or Massachusetts.

 

[bikejunkie]

I just figure if I'm forced to shoot someone, I want to be prepared to deal with the mess that will follow. Even if you aren't charged, you will be at a minimum going before a grand jury to explain what happened either on your behalf if "Mongo" dies, or against the person you shot as a victim. If I'm dealing with our fubar justice system I want someone who has my back guiding the way through so I have the best chance of staying out of the slam.

 

[DieselScout]

I just figure if I'm forced to shoot someone, I want to be prepared to deal with the mess that will follow. Even if you aren't charged, you will be at a minimum going before a grand jury to explain what happened either on your behalf if "Mongo" dies, or against the person you shot as a victim. If I'm dealing with our fubar justice system I want someone who has my back guiding the way through so I have the best chance of staying out of the slam.

In the last few shootings that I can remember locally no charges were field. If no charges were field there is no grand jury trial and you'd never had to set foot inside a courthouse. The mindset that many people have about the justice system out to get people who defend themselves really isn't true in Oregon. I can't remember anyone taken into custody in Oregon over a legal defense shooting. At least anyone who was held for any period of time wrongly on trumped up charges.

 

[branson4020]

In the last few shootings that I can remember locally no charges were field. If no charges were field there is no grand jury trial and you'd never had to set foot inside a courthouse. The mindset that many people have about the justice system out to get people who defend themselves really isn't true in Oregon. I can't remember anyone taken into custody in Oregon over a legal defense shooting. At least anyone who was held for any period of time wrongly on trumped up charges.

Have to clarify this. You don't have a trial before a grand jury. The purpose of a grand jury is to determine if there is sufficient cause for charges to be brought in the first place.

 

[bikejunkie]

^ right. I want a lawyer looking out for my interests for that

 

[DieselScout]

Have to clarify this. You don't have a trial before a grand jury. The purpose of a grand jury is to determine if there is sufficient cause for charges to be brought in the first place.

That is true, but I don't remember any of the cases in Oregon even going that far.

 

[Phillyfan]

A good lawyer = anything is possible.

Actually, a good lawyer = empty clients pockets

Win or lose in many cases

 

[theficklefinger]

I won't quibble with your advice for the most part, though lawyering up right away will almost certainly wind up with you spending the night in jail needlessly. If it's a really questionable shoot, that may be a small price to pay. Otherwise it's needless. Tell the cops the bare-bones facts and then decline to answer any other questions. The cops will appreciate your giving them that much and will understand your refusing to answer more questions. Lawyering up will result in their assumption that you weren't justified and they will have no choice but to take you into custody. They will also then be prompted to look a lot more closely at the case than they might have otherwise done.

This is the advice I've had from several criminal defense attorneys AND police.

In Washington it's very unlikely that you will be charged with a crime unless you either clearly broke the law (shooting someone over property when no threat was present) or it's a very questionable shoot as to physical evidence.

We've had quite a few self-defense shootings in this county over the last few years, a couple of which IMO were so out-of-wack that *I* would have prosecuted the shooter. None have been charged. All the cases in Washington of which I'm aware where someone has been charged have been pretty clear violations of the law.

Again, your advice isn't bad, but I refuse to live in a state of "I'm going to be charged no matter what" paranoia that's simply not justified by experience. This isn't New Jersey or Massachusetts.

Nice to see some voice of reason in here.