My gun was taken away.......

jazr45acp · #1

My gun was taken away.....well, not really, but if you're involved in a SD scenario will the cops take you gun away? How long will they keep it? Will I get it back if the shooting is deemed justified? Thanks for your input guys. Hope you have a great day.

seamusTX · #2

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

ScubaSigGuy · #3

I have never heard of them taking every weapon that a person acting in self defense owns.

Has this really happened? I would have a HUGE problem with that. How can that be avoided? I am gussing that it may be the policy only in certain jursidictions and even then I would hope that it depoended on whether there were suspicious circimstance???

jazr45acp · #4

Are you legally bound to surrender your weapon after a SD scenario? I've heard of other's having their weapons taken away for several years before the DA decides to release them(weapon). Have you heard of this happening? Thanks guys.

NcongruNt · #5

ScubaSigGuy wrote:I have never heard of them taking every weapon that a person acting in self defense owns. Has this really happened? I would have a HUGE problem with that. How can that be avoided? I am gussing that it may be the policy only in certain jursidictions???

This happened recently with the fellow defending his house/workshop up in Dallas. He was involved in shootings defending himself and property twice within 3 weeks, and both times they took the shotgun he used as evidence. He had to go buy a new shotgun after he lost his second one, which is when he got ambushed by that reporter. He has not been arrested or charged with anything, and it appears that the DA and police agree that they were good shoots. He'll probably get his guns back after he clears the Grand Jury.

ScubaSigGuy · #6

NcongruNt wrote:
ScubaSigGuy wrote:I have never heard of them taking every weapon that a person acting in self defense owns. Has this really happened? I would have a HUGE problem with that. How can that be avoided? I am gussing that it may be the policy only in certain jursidictions???
This happened recently with the fellow defending his house/workshop up in Dallas. He was involved in shootings defending himself and property twice within 3 weeks, and both times they took the shotgun he used as evidence. He had to go buy a new shotgun after he lost his second one, which is when he got ambushed by that reporter. He has not been arrested or charged with anything, and it appears that the DA and police agree that they were good shoots. He'll probably get his guns back after he clears the Grand Jury.

Was that his only firearm or did they clear out his safe? I understand that they will always take the weapon used to defend yourself. But taking every firearm from your home is an issue. Especially with the way they would handle them.

seamusTX · #7

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

jazr45acp · #8

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

seamusTX · #9

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

Popshot · #10

seamusTX wrote:... Sometimes they take all the weapons that the defender owns.
- Jim

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

Since you don't get to know when your next self-defense event will occur, it is smart for you to store in the safe weapons that are not in use.

NcongruNt · #11

ScubaSigGuy wrote:
NcongruNt wrote:
ScubaSigGuy wrote:I have never heard of them taking every weapon that a person acting in self defense owns. Has this really happened? I would have a HUGE problem with that. How can that be avoided? I am gussing that it may be the policy only in certain jursidictions???
This happened recently with the fellow defending his house/workshop up in Dallas. He was involved in shootings defending himself and property twice within 3 weeks, and both times they took the shotgun he used as evidence. He had to go buy a new shotgun after he lost his second one, which is when he got ambushed by that reporter. He has not been arrested or charged with anything, and it appears that the DA and police agree that they were good shoots. He'll probably get his guns back after he clears the Grand Jury.
Was that his only firearm or did they clear out his safe? I understand that they will always take the weapon used to defend yourself. But taking every firearm from your home is an issue. Especially with the way they would handle them.

As I understand it, they only took the shotgun involved in the shooting. From all descriptions I have seen, he had 2 shotguns, and after they took the second one after the second shooting, he had to go out and buy another.

seamusTX · #12

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

txinvestigator · #13

seamusTX wrote:
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.

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

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.

If a firearm is seized and the person is acquitted or not charged, the CCP requires that a magistrate notify the owner that the firearm can be reclaimed, and there is a procedure for doing so.

jazr45acp · #14

Is there a time table as to how long the DA and/or police can keep your weapon?

txinvestigator · #15

jazr45acp wrote:Is there a time table as to how long the DA and/or police can keep your weapon?

http://tlo2.tlc.state.tx.us/statutes/do ... m#18.19.00