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They seize your gun as evidence...do you ever get it back?

This is a discussion on They seize your gun as evidence...do you ever get it back? within the CCW forums, part of the Firearm Forum category; I understand that in the event of a self defense shooting--even if legitimate, they seize your gun as evidence. Do you get it back once ...


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Old April 6th, 2016, 07:03 PM   #1
 
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They seize your gun as evidence...do you ever get it back?

I understand that in the event of a self defense shooting--even if legitimate, they seize your gun as evidence. Do you get it back once everything is all said and done?



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Old April 6th, 2016, 08:08 PM   #2
 
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Yes, your supposed to, after all court proceeding's are over. And possibly scratched up, after all the people handling it.
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Old April 6th, 2016, 08:28 PM   #3
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Faster if no charges are filed.
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Old April 7th, 2016, 03:44 AM   #4
 
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Quote:
Originally Posted by dpadams6 View Post
Yes, your supposed to, after all court proceeding's are over. And possibly scratched up, after all the people handling it.
In some areas the cops will mark the gun with a scribe or electro pencil tool for logging / chain of custody reasons. Would make me pretty angry to get my gun marked up where it would need a serious refinishing job once I got it back.
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Old April 7th, 2016, 04:38 AM   #5
 
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I've been in LE for 17 years, and I've never seen or heard of anyone in my area permanently marking a firearm for evidence or property logging.

But to answer the question, once a firearm is no longer needed as evidence, it will be returned to the owner. If it was used in a crime, forget it. If it was yours, but lost or stolen and used in a crime, you can get it back, but most do not want it back in this instance.
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Old April 7th, 2016, 05:47 AM   #6
 
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Okay this makes me feel better. I was reading an article about SCCY, and it was talking about their unmatched customer service (which if youve never heard about, its actually impressive) saying how if youre firearm is stolen or seized as evidence in a justifiable self defense shooting you can call them, give them the police report info and they will send you a brand new gun exactly like the one you had.

I just couldnt figure out why they would send you a new gun after the defense shooting...it made me think you dont get it back. Its still a really cool program though. Makes me want to get one even though they arent the most accurate things in the world.
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Old April 7th, 2016, 08:16 AM   #7
 
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Sccy canceled the stolen gun replacement at the beheat of the ATF, just read that somewhere last week.
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Old April 7th, 2016, 08:18 AM   #8
 
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Here it takes a lawyer to get it back. Ccw a cheap gun.
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Old April 7th, 2016, 08:46 AM   #9
 
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You'll get it back but it won't be right away. Court proceedings will have to be over (could be months or years depending on what happened), you'll be cleared, and when all the paperwork is done they'll call you to come pick it up.
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Old April 7th, 2016, 09:48 AM   #10
 
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You are legally entitled to return of property in all 50 States. But conditions of various agencies and States can vary.

Jeff

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Old April 7th, 2016, 10:12 AM   #11
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I had an issue where the Maryland state police told me they LOST my sidearm after they were ordered to return it.

They seized it during and illegal search and seizure of my vehicle. It so happened to be a Ruger revolver, unloaded & locked in a case in the locked trunk. They pulled me over for no reason, no ticket was ever written .

First they said they lost it, then later said it was destroyed.

I called the Judge. HE WAS PISSED. We went back in for a quick hearing on the matter. He researched the cost of a brand new one and ordered them to pay me that amount, which I received in a week. He also said & TOLD the cop in charge better hope that gun NEVER turns up anywhere or he is in VERY DEEP DODO.

EDIT to add, I also did as the judge advised, and reported the revolver as stolen, and gave the cops name & info as being the responsible party if it ever turned up in a crime. .

Last edited by DCD327; April 7th, 2016 at 10:16 AM.
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Old April 7th, 2016, 10:50 AM   #12
 
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If you are forced to defend yourself with a firearm, losing that gun during the course of the investigation is the LEAST of your problems.

At the conclusion of the investigation (and hopefully not the conclusion of a trial) the gun will be returned to the owner if possible.

As for guns being permanently marked by the police: that was an old practice. The officer that seized the gun would mark it, often in an place that wasn't readily visible like under a butt plate. That practice is seldom used anymore and the police now rely on serial numbers, descriptions, tags, etc. to maintain records of seized/recovered property. AGAIN, THE LEAST OF YOUR PROBLEMS.

Now, one thing I have seen is guns that are involved in violent encounters that end up with blood on them. The police aren't going to clean or alter that piece of evidence in any fashion. It will go into storage with blood, wet grass, mud, whatever it had on it when it was collected. It will sit in an evidence room for however long the investigation takes and it may not fare well. Once Again, THE LEAST OF YOUR PROBLEMS.

If you have survived a deadly force encounter the gun has done its job. Think of it like a parachute, if you need it and it worked - all is well. Be happy that you are alive and are around to go get another parachute.

Last edited by Petrol and Powder; April 7th, 2016 at 02:58 PM.
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Old April 7th, 2016, 01:28 PM   #13
 
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Quote:
Originally Posted by DCD327 View Post
I had an issue where the Maryland state police told me they LOST my sidearm after they were ordered to return it.

They seized it during and illegal search and seizure of my vehicle. It so happened to be a Ruger revolver, unloaded & locked in a case in the locked trunk. They pulled me over for no reason, no ticket was ever written .

First they said they lost it, then later said it was destroyed.

I called the Judge. HE WAS PISSED. We went back in for a quick hearing on the matter. He researched the cost of a brand new one and ordered them to pay me that amount, which I received in a week. He also said & TOLD the cop in charge better hope that gun NEVER turns up anywhere or he is in VERY DEEP DODO.

EDIT to add, I also did as the judge advised, and reported the revolver as stolen, and gave the cops name & info as being the responsible party if it ever turned up in a crime. .
I'm not Suprised. This happens more then people realize, especially the bigger city police departments, where there is not as many checks and balances.
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Old April 7th, 2016, 04:42 PM   #14
 
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if you just survived an attack and the cops want the gun, do they have a comparable "loaner" to let you have?
if you defended yourself with your primary carry gun, do you have to give up your backup gun too?
there should be a fund that rewards good shootings. keep your gun, get your check and be on your way.
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Old April 7th, 2016, 04:57 PM   #15
 
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Quote:
Originally Posted by Cordite View Post
In some areas the cops will mark the gun with a scribe or electro pencil tool for logging / chain of custody reasons. Would make me pretty angry to get my gun marked up where it would need a serious refinishing job once I got it back.
Perhaps the marking would make the gun more valuable. I mean, not everyone owns a gun used in a court room trial.
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