TexasCHLforum.com

txinvestigator wrote:Only that pesky old 4th and 5th amendment and the Texas Constitution and Code of Criminal Procedure.

The 4th Amendment prevent illegally obtained evidence from being used in a trial. It doesn't stop the seizure in the first place.

txinvestigator wrote:If there is doubt as to the weapon used, or concern that evidence might go "missing" the police can seize potential evidence.

I can think of no circumstance where they would be justified in seizing all of your weapons in a self-defense shooting, minus other serious violations like you being a felon, having illegal weapons etc.

I would be interested of proof of such occurring.

The police took James Walton's weapon twice.

When you have a burglar dead from a shotgun wound and a homeowner who called 911 to report the shooting, I don't see the need to confiscate the shotgun.

Here's one example I could find: http://www.jpfo.org/alert20040901.htm. I've read about other cases over the years. I don't have them available now.

- Jim

Popshot wrote:Other than those used during the self-defense event, it is irrelevant to the matter whether or not you own other firearms.

I agree. I'm just relating what I've read over the years.

- Jim

jazr45acp wrote:Do you have any legal rights to deny handing over your weapon to the police after an SD shooting?

I think the police can take anything that could reasonably be considered evidence in a possible crime.

This isn't quite related, but the police sometimes disarm people when some kind of fracas is taking place, to promote cooling down. It's probably not strictly legal, but what are you going to do about it?

- Jim

ScubaSigGuy wrote:I have never heard of them taking every weapon that a person acting in self defense owns. Has this really happened?

It's not S.O.P., but I've read about it happening, in cases where the shooting took place in a home. Maybe not in Texas, but in other states.

Once the police have a suspected crime scene, there are few limits on what they can do.

Some people find it advisable to have a weapon hidden in the attic or something like that.

- Jim

Sometimes the police take a defender's weapon. Sometimes they take all the weapons that the defender owns. You are supposed to get your weapons back, but sometimes they can't be found.

IIRC, the Code of Criminal Procedure says that weapons should be returned within 60 days of the end of legal procedings.

- Jim