Firearms Confiscated After Home Defense

[PhillRoath]

Hello, normally I just read the forums, but a question came to mind. There was a news blurb on the local Houston news about a 92 year old man who had all his firearms confiscated after a home break-in/self defense shooting. His statement was that he just wanted his guns back, they were family heirlooms.

So my question: Assuming someone breaks in and I stop them with a firearm. Is it normal for the police to confiscate all my firearms and then require me to jump through hoops to get them back? Would they require me to open my gun safe and remove all firearms? Or do they just take the one that was used?

I'm not sure why this bothers me, but a couple of my firearms are not easily replaced and I do not like the idea of this happening. Just curious and would like to hear from some of you, especially if you're LEO or have had personal knowledge.

Thanks, Phill

P.S. This is just a what if question, not planning anything.

[matriculated]

Phil, my understanding is that they usually do confiscate the weapon involved in the actual shooting until the investigation is done, but I've never read or heard anything about confiscation of an entire gun collection. That doesn't sound right.

IANAL or LEO

[74novaman]

Phil, my understanding is that they usually do confiscate the weapon involved in the actual shooting until the investigation is done, but I've never read or heard anything about confiscation of an entire gun collection. That doesn't sound right.

IANAL or LEO

And because he's new, just to clarify the forum slang:

I Am Not A Lawyer or Law Enforcement Officer

[WildBill]

I'm not sure why this bothers me, but a couple of my firearms are not easily replaced and I do not like the idea of this happening. Just curious and would like to hear from some of you, especially if you're LEO or have had personal knowledge.

I am sure why this bothers me. IANAL or LEO, but I have personal knowledge of guns and knives "disappearing" after a case is disposed.

[steveincowtown]

Would you happen to have a link to this story?

Also if the police wanted to confiscate all my guns after something like this they would need a warrant and a locksmith/safecracker.

[WildBill]

Would you happen to have a link to this story?

Also if the police wanted to confiscate all my guns after something like this they would need a warrant and a locksmith/safecracker.

Part of the issue seems to be that the shotgun might be illegal due to the length of the barrel.

The police didn't confiscate his entire "collection." Hands said he owns two other shotguns the police didn’t take away. But neither of them can replace the heirloom handed down to him by his father.

http://www.khou.com/news/92-year-old-ve ... 91796.html" onclick="window.open(this.href);return false;

[jmra]

Would you happen to have a link to this story?

Also if the police wanted to confiscate all my guns after something like this they would need a warrant and a locksmith/safecracker.

Part of the issue seems to be that the shotgun might be illegal due to the length of the barrel.

The police didn't confiscate his entire "collection." Hands said he owns two other shotguns the police didn’t take away. But neither of them can replace the heirloom handed down to him by his father.

http://www.khou.com/news/92-year-old-ve ... 91796.html" onclick="window.open(this.href);return false;

If I understood correctly, the shotgun was used in the shooting.

[WildBill]

Would you happen to have a link to this story?

Also if the police wanted to confiscate all my guns after something like this they would need a warrant and a locksmith/safecracker.

Part of the issue seems to be that the shotgun might be illegal due to the length of the barrel.

The police didn't confiscate his entire "collection." Hands said he owns two other shotguns the police didn’t take away. But neither of them can replace the heirloom handed down to him by his father.

http://www.khou.com/news/92-year-old-ve ... 91796.html" onclick="window.open(this.href);return false;

If I understood correctly, the shotgun was used in the shooting.

That's how I read the story.

[PhillRoath]

Would you happen to have a link to this story?

Also if the police wanted to confiscate all my guns after something like this they would need a warrant and a locksmith/safecracker.

Part of the issue seems to be that the shotgun might be illegal due to the length of the barrel.

The police didn't confiscate his entire "collection." Hands said he owns two other shotguns the police didn’t take away. But neither of them can replace the heirloom handed down to him by his father.

http://www.khou.com/news/92-year-old-ve ... 91796.html" onclick="window.open(this.href);return false;

If I understood correctly, the shotgun was used in the shooting.

Thank you, WildBill! I had only caught a 5 second view on the television and did not know the entire story. Thanks for the link and it looks like everyone is trying to do the right thing. At least the police that responded seem to have used some good old Texas common sense.

Appreciate all the responses here. This is a great forum and helped me already when it came time to renew. Did it all on the internet and good to go until 2017 on my CHL.

Phill

[gringo pistolero]

There are some good lessons here.

1. If you have an heirloom firearm, it's probably a good idea to keep that locked in the safe and use a $200 shotgun from Academy for home defense. The same applies to CHL pistols: carry something you can afford to have seized as evidence, rather than the pistol your (grand) father brought back from Germany after The War.

2. If you have a firearm that might qualify as an NFA firearm, and you don't have the tax stamp or amnesty paperwork, that's probably not a good choice for a self defense gun. If it's not legal, either get rid of it or make absolutely certain the authorities won't find it if they respond to a burglary or fire at your home.

[WildBill]

There are some good lessons here.

1. If you have an heirloom firearm, it's probably a good idea to keep that locked in the safe and use a $200 shotgun from Academy for home defense. The same applies to CHL pistols: carry something you can afford to have seized as evidence, rather than the pistol your (grand) father brought back from Germany after The War.

IMO, that's good advice for CHL, but this guy was in his castle, where no bad guy should tread. Because of reliability issues, I wouldn't carry any gun that was a war souvenir from Germany or any other country.

[PracticalTactical]

Sometimes cops take all of the guns. Maybe put them in a safe and request a warrant prior to opening the safe (which they are highly unlikely to get unless there's good cause to believe there's evidence of criminal activity in the safe). Or, keep some of your stuff off site.

IANAL, nor did I stay at the Holiday Inn last night.

[E.Marquez]

Sometimes cops take all of the guns. Maybe put them in a safe and request a warrant prior to opening the safe (which they are highly unlikely to get unless there's good cause to believe there's evidence of criminal activity in the safe). Or, keep some of your stuff off site.

IANAL, nor did I stay at the Holiday Inn last night.

By chance do you have article or story link to the cases you refrence, where LEO's "Took all the Guns"?

The only one that comes to mind was where the "victim" called the LEO's, and the LEO on site decided that the "Victim" was not mental stable, so they took all the firearms "for his safety" .

Im not remebering any other case, nor can I find one in a search.

Like another here said... If a LEO wants the firearms in my safe... they better be prepaired to have a chat with a lawyer who will be called before the LEO can get a crew in my house to remove the safe, or a locksmith available to open it.

[WildBill]

Like another here said... If a LEO wants the firearms in my safe... they better be prepaired to have a chat with a lawyer who will be called before the LEO can get a crew in my house to remove the safe, or a locksmith available to open it.

It would be no skin off their back if they wanted to do it. It they get the warrant, all the lawyer can do is stand around and watch.

[speedsix]

...the purpose is to remind them that they are not above the law...and make them jump through the hoops, too...and convince a judge that what was in that safe had anything at all to do with the case...