Police confiscating your gun after a shooting

[Chipperxd]

lol you really are a retard. it's my fault now that you quoted Redcap instead of me? got it!

nvm was there so I don't get in a crap fest with a retard but now I have some time to kill before dinner.

let me recap for you since you can't seem to go from one post to another without getting lost. like I have said OVER and OVER in this thread, concern to retrieve my property is AFTER everything has been settled. you with me so far?

next, BadClam chimed in with "I don't get how after taking another persons life, even if justified, a decent human being could have the value of his weapon be at the front of their concerns." which was clearly directed at me for asking a random question on the internet. still with me?

that's why I went on to say "a decent human being? I couldn't give two sh its about some idiot gangbanger trying to stab me for a few bucks in my wallet or for my phone. If you pity someone who is willing to do harm to you for your possession, you are a better man than me." since BADCLAM thinks no DECENT human being can be concerned with property. hope you are still with me here chief!

now some idiot named mjbskwim reads what he wants to read on an internet forum and started to beat his chest. then he started to misquote (lol still can't quote things right) what I wrote to fit what he read in his head instead of what was said...

I'm sure you're sitting there proud that you some how "owned" me with those "can't read" comments.

 

[Chipperxd]

YOU didn't read the post
He ask how a descent human being could worry about the value of a weapon.You seem to have read it,talking a descent human being's life.



Maybe you have killed a person and find this funny.Maybe you think killing a person won't dramatically change your life.
I don't know.But in either case,you need some guidance.

I love how you went back to edit your post. there sure were alot of mistakes weren't there? Atta boy!

 

[silentslammer]

Geez, I feel stupid for potentially defending myself with a spendy HK, Sig or Glock. If I knew the cops/gubbermint can keep your defense piece indefinately with little or no justifiable reason after your cleared by the District Attorney I would have stocked up on Hi-Points at $120 a pop.

 

[Bhowe]

If you were involved, and the gun was used, it could likely be held as evidence, and who knows how good of care they will take care of it. Guns to the police are tools and treated as such.

On the other hand, if you were not involved and just hassled for being in the area, you will get your gun back. There is no "black hole" as some people seem to think. If they feel they have the right to hold your property they likely will until and if charges are brought.

Anyone who remembers my thread on my silencer being taken by a Snohomish Sheriff will know what I am talking about. Once the prosecuter determined what I had known all along, my silencer was legally purchased and owned and I had not commited any crimes, it was returned promptly. The Deputy involved even took it upon himself to notify me that I could go pick it up. I am sure he didn't have to do that.

Also, I did not have to hire a lawyer. If I had, I would have most likely retained the Rainier Law Group in Seattle. I was referred to them and even contacted them. They deal with many different types of firearm related issues.

 

[Woodswalker]

who knows how good of care they will take care of it. Guns to the police are tools and treated as such.

survey SAYS...Not worth a bubblegum. After my place was burgled, the arms stolen were buried in a field for <12 hours before being dug up by the police....did they even bother to wipe the WET DIRT OFF OF THEM before stuffing them in a SEALED EVIDENCE BAG?

OH **** NO.

After 8 months I got back a corroded 686 that had to have most of its lock work replaced as SOMEONE had dryfired it while it was full of dirt...an ORANGE rustlump that used to be a pre-WWII High Power that USED to have all matching numbers right down to the magazine and the holster/stock iron. The bbl and stock were missing as was the matching mag. The holsters were mouldy lumps of leather and all the ammo was missing.

I was NOT a happy man. The 686 went back to S&W for a rebuild...its STILL not the same. The HP was stripped down and restored by a VERY talented man...but the pits are still visible if you know where to look.

 

[ejmpnu92]

Just ask the people who had their firearms confiscated after Hurricane Katrina, if/when they got them back, it was typically a lump of rust. And there were no shots fired.

 

[badclam]

Just ask the people who had their firearms confiscated after Hurricane Katrina, if/when they got them back, it was typically a lump of rust. And there were no shots fired.

OK. Here's a new question. Would you have given your weapons away after Hurricane Katrina? Would you give up your only way to protect yourself from people that want to harm and control you. Not one weapon, but all your weapons?

Who did the authors of the second amendment think we would need protect ourselves from?

 

[Gomer]

I was a little hesitant to add to this thread since things got a bit out of control but I decided I would since I don't think the original question was answered completely. In the Portland Metro area, the police operate pretty much the same so I think this info should give you a pretty good idea what happens. There are also laws that dictate what happens to property, be it a cheap trinket or a firearm... it is essentially the same.

In the case of a shooting the police will likely seize your firearm. In the case of a police shooting, they do exactly the same thing. It is a piece of evidence. If they don't take it at the time of the incident, as with any other piece of evidence, it may not be available later on. It also keeps any piece of evidence from being altered such as fingerprints, residue, etc., be it intentional or not.

However, once a case is finished, the property MUST be returned to the rightful owner. Police have no authority or right to keep anyone's property just because they want to. Unless the court decides the property should be disposed of otherwise (ie: it actually was an instrument of a crime) then it must be returned. However, if the rightful owner cant be reached then the property is disposed of... they aren't required to keep it forever and it is a reasonable amount of time. If you have moved it's a good idea to notify the police of your new contact information. A little tid-bit of info - most police agencies in the area do not sell the firearms but have firearms destroyed so there is no gain to them, in fact a cost involved. To add to this, the property/evidence folks want nothing more than to get rid of property that is filling their evidence storage areas that are already bursting at the seams.

If a district attorney (DA) decides it was a justified shooting the case will be considered finished. This can be based upon the DA's own decision or a Grand Jury. In either case, the property must be released to the owner regardless of what it is/was. The exception to this rule is if the owner is prohibited from possessing firearms by law however they can still own them, just cant possess them, and a third party who can legally possess firearms can pick them up. Not likely that the person wouldn't have been charged with the possession of the firearm if they weren't supposed to possess it to begin with in which case it would still be evidence for that crime. However I have seen it happen where somebody becomes prohibited from owning firearms after the original incident in which case the above "rule" applies.

If the case continues to trial then the firearm will be held until the case has concluded. If found guilty then the court will dictate what happens to the firearm. If a person is found innocent then the property must be returned as the court or police have no authority to keep it.

I cant speak for other states other than Oregon but the laws around the country for property rights are fairly similar. If the police failed to carry out specific laws for the disposal of property they may be civilly liable for your loss. However if the firearm was buried in mud, as one person mentioned, it is likely that they will not wipe it clean as this may very well destroy other evidence... an unfortunate downside.

I speak from over 20 years of experience in law enforcement and the general laws pertaining to evidence disposal really haven't changed much. As much as some forums may lead you to believe, most police are not gun grabbers by any means and agree that everyone has a right to firearms unless they have demonstrated they shouldn't due to their criminal lifestyles. I'm hoping that some armed citizen comes to my rescue some night when I'm getting my tail handed to me on the side of the road... there is always somebody bigger and badder than you (or me)!

Clear as mud?

 

[Riot]

survey SAYS...Not worth a bubblegum. After my place was burgled, the arms stolen were buried in a field for <12 hours before being dug up by the police....did they even bother to wipe the WET DIRT OFF OF THEM before stuffing them in a SEALED EVIDENCE BAG?

OH **** NO.

After 8 months I got back a corroded 686 that had to have most of its lock work replaced as SOMEONE had dryfired it while it was full of dirt...an ORANGE rustlump that used to be a pre-WWII High Power that USED to have all matching numbers right down to the magazine and the holster/stock iron. The bbl and stock were missing as was the matching mag. The holsters were mouldy lumps of leather and all the ammo was missing.

I was NOT a happy man. The 686 went back to S&W for a rebuild...its STILL not the same. The HP was stripped down and restored by a VERY talented man...but the pits are still visible if you know where to look.

I agree...the blame for your guns being rusty should be on the cops and not on the criminals for stealing them or you for not locking them up properly.



-fyi, can someone let me know if the sarcasm got through? Thanks...


Oh, and on a sidebar- did you know you can sue the subjects (the criminals, not the cops mind you) for depreciating the value of your items via damage caused by the criminal act?


-fyi, I wasn't being sarcastic that time

 

[SonicBlue03]

Yes, you get your firearm back. The crappy part is removing the Evidence tape they put on it. Better hope they confiscate a blued pistol that you can have re-blued cheaper.

Friend of mine got his Baby Eagle back after being acquitted in a case in '97. The city did not pay for the firearm to be restored to original condition and he filed suit against the city as part of that. No idea what came of it, though.

 

[JohnWayne]

survey SAYS...Not worth a bubblegum. After my place was burgled, the arms stolen were buried in a field for <12 hours before being dug up by the police....did they even bother to wipe the WET DIRT OFF OF THEM before stuffing them in a SEALED EVIDENCE BAG?

OH **** NO.

After 8 months I got back a corroded 686 that had to have most of its lock work replaced as SOMEONE had dryfired it while it was full of dirt...an ORANGE rustlump that used to be a pre-WWII High Power that USED to have all matching numbers right down to the magazine and the holster/stock iron. The bbl and stock were missing as was the matching mag. The holsters were mouldy lumps of leather and all the ammo was missing.

I was NOT a happy man. The 686 went back to S&W for a rebuild...its STILL not the same. The HP was stripped down and restored by a VERY talented man...but the pits are still visible if you know where to look.

Yeah, I gotta think you are mad at the wrong people. The criminals are the ones responsible.

 

[Woodswalker]

Yeah, I gotta think you are mad at the wrong people. The criminals are the ones responsible.

John Wayne...I'm mad at BOTH the punks and the police....its a SMALL town...the police KNOW whose those were....I'm the LE firearms instructor, Hunter Education instructor and NRA instructor here!

What REALLY frosts me is that the punk now drives a nicer rig than I do...walks down the highway from his place to the tavern...has plenty of money and has never paid his restitution. I got ONE check....for $3.15 against $4600 owed. Now that he is over 18, the court apparently has ZERO interest in enforcing the restitution. Its too much for Small Claims.

The things that go through my head....

IF the police had even let things DRY before sealing them in the bags it might have been OK... but sealed in a plastic bag while covered with wet mud was not a good plan.

Riot, if he wont pay the court ordered restitution, why would he pay another judgement? I know he has a RAFT of them against him..he doesnt care. Just goes around paying cash, working under the table...and I think, still dealing in stolen property and illicit pharma.

 

[Redcap]

John Wayne...I'm mad at BOTH the punks and the police....its a SMALL town...the police KNOW whose those were....I'm the LE firearms instructor, Hunter Education instructor and NRA instructor here!

What REALLY frosts me is that the punk now drives a nicer rig than I do...walks down the highway from his place to the tavern...has plenty of money and has never paid his restitution. I got ONE check....for $3.15 against $4600 owed. Now that he is over 18, the court apparently has ZERO interest in enforcing the restitution. Its too much for Small Claims.

The things that go through my head....

IF the police had even let things DRY before sealing them in the bags it might have been OK... but sealed in a plastic bag while covered with wet mud was not a good plan.

I'd be pissed at both sets of dirtbags too.

 

[JohnWayne]

John Wayne...I'm mad at BOTH the punks and the police....its a SMALL town...the police KNOW whose those were....I'm the LE firearms instructor, Hunter Education instructor and NRA instructor here!

What REALLY frosts me is that the punk now drives a nicer rig than I do...walks down the highway from his place to the tavern...has plenty of money and has never paid his restitution. I got ONE check....for $3.15 against $4600 owed. Now that he is over 18, the court apparently has ZERO interest in enforcing the restitution. Its too much for Small Claims.

The things that go through my head....

IF the police had even let things DRY before sealing them in the bags it might have been OK... but sealed in a plastic bag while covered with wet mud was not a good plan.

Riot, if he wont pay the court ordered restitution, why would he pay another judgement? I know he has a RAFT of them against him..he doesnt care. Just goes around paying cash, working under the table...and I think, still dealing in stolen property and illicit pharma.

Just a thought, if you haven't received anything so far, why not take him to small claims for the $2500? Something is better than nothing.

One thign about your comment about drying the guns. There is a logistical thing here you might be missing.IF they are not placed in evidence, they have to be in the custody of an officer. Now if its a small town and only a few officers, do you think they are going to have an officer babysit those guns until the mud dries? My thought- no.

Ultimately, they aren't responsible for cleaning and storing your weapons and its going to be your responsibility to get your money out of the criminal. That's what happens when you are victim of a crime.

 

[JohnWayne]

I'd be pissed at both sets of dirtbags too.

Dirtbag? Really... come on now

 

[Riot]

John Wayne...I'm mad at BOTH the punks and the police....its a SMALL town...the police KNOW whose those were....I'm the LE firearms instructor, Hunter Education instructor and NRA instructor here!

What REALLY frosts me is that the punk now drives a nicer rig than I do...walks down the highway from his place to the tavern...has plenty of money and has never paid his restitution. I got ONE check....for $3.15 against $4600 owed. Now that he is over 18, the court apparently has ZERO interest in enforcing the restitution. Its too much for Small Claims.

The things that go through my head....

IF the police had even let things DRY before sealing them in the bags it might have been OK... but sealed in a plastic bag while covered with wet mud was not a good plan.

Riot, if he wont pay the court ordered restitution, why would he pay another judgement? I know he has a RAFT of them against him..he doesnt care. Just goes around paying cash, working under the table...and I think, still dealing in stolen property and illicit pharma.

Ever thought about asking for the maximum amount that small claims court will allow? Obviously it won't cover everything, but something is better than nothing!

 

[Woodswalker]

Just a thought, if you haven't received anything so far, why not take him to small claims for the $2500? Something is better than nothing.

One thign about your comment about drying the guns. There is a logistical thing here you might be missing.IF they are not placed in evidence, they have to be in the custody of an officer. Now if its a small town and only a few officers, do you think they are going to have an officer babysit those guns until the mud dries? My thought- no.

Ultimately, they aren't responsible for cleaning and storing your weapons and its going to be your responsibility to get your money out of the criminal. That's what happens when you are victim of a crime.

Its PROVEN that he DOES NOT CARE what the court says. I'm NOT the only one to whom he owes restitution. Since the restitution is a CIVIL matter NOTaFREAKINGthing is done when he does not pay....yeah so he has a default judgement that was rendered on/about his 18th birthday, he spent 30 days in the county jail...hasnt seemed to phase him.

I see it as a weakness in the Justice (lack of same) System in that civil judgments are pretty much NOT enforceable.
And I'm NOT allowed to throw him a blanket party or the like...his words to me " F*ck you, so SUE me...ha ha ha ha....Poor sucker who plays by the f"ing MAN's rules." as he receded into the distance flying me a bird. :angry::angry::angry::angry::angry::angry::angry::angry:

Oh and on the drying...the guns were dug UP in the Morning at 0645, the Station was open, with at least one officer plus the Chief. in attendance from 0700 to 1800....they were IN the bags by 0730. Didnt HAVE to go that way. When the Mayor's place was burgled....things were carefully dried..THEN bagged. Punk hasnt paid the restitution for THAT either...the mayor (now ex mayor) and I talk.

 

[MA Duce]

Yeah that happens here on NWfirearms.
EVERYBODY on here is ready to take you very literally and bash you because of what you said.
I don't believe you are innocent of this.

I said the same thing in different terms.
How could you worry about the value of the gun you just killed someone with?

It seems like an innocent question,for those of us that haven't killed someone.
But I believe if you talk to a normal person,and 3/4's of the people from wars,they will tell you it isn't very easy to deal with.

 

[gunnails]

Woodwalker,
I feel your pain, I have had similar experience.

My suggestion is to get a judgement against him for whatever you can, once you have a judgement turn him over to a collection agency, the collection agency only gets paid if they collect and if they do they will get 50% of the total, that part sucks, the good part is the collection Nazi's will make his life less pleasant and can be relentless in this pursuit.

If you can get a buddy to serve him papers that you are suing him in small claims (I think a $5,000 limit) you will win a judgement.

 

[soberups]

When choosing which handgun to purchase and carry for self-defense, the possibility of it being confiscated by police is not a factor in my decision-making process and never will be.

If I am ever involved in a self defense shooting, getting my gun back from the police will be the least of my concerns. There is a process that has to be followed, and I have faith that the gun will be returned to me when the process has been completed. It will happen when its supposed to happen and I have other guns to protect myself with while I wait.