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post-home intruder /k U.S. police interaction

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Thread replies: 27
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Asked a really good question by my wife, and I don't know the answer.
Pic related happens, my wife shoots and kills an armed intruder who had the intent to kill her.
What happens to the gun she used? Is it taken as police evidence because she killed the intruder with it? How long do we have to wait to get it back? Do we have to produce paperwork and permits on the gun showing that we have it registered and are the owners of it? I feel like the police should just take the break in and death report and then leave, the gun was used in self defense inside our property and I don't see any reason for them to take it or even ask questions about it. I'm asking because if they do take the weapon used in self defense or require us to produce legal paperwork on it/ask questions..our list of firearms we can use in self defense in the home is significantly lowered if my /k brothers understand what im saying...
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>>34273755
>What happens to the gun she used?

almost 100% chance the gun will be taken because it is needed for evidence

of course this greatly depends on exactly what happened & also the police & prosecutors in your area

so generally people that carry or own guns have more than 1, which even that won't help if the shooting incident was questionable because the police might take all the guns
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>>34273755
Unless you live in a shitty state like NY, NJ, CA, MA, RI, MD, IL, or DC, or some shitty city in a state that doesn't have preemption of local gun bullshit, they won't ask you for "paperwork." There is no paperwork in most places.
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>>34273789

as for getting it back, again it depends on the situation & your area, but generally that can take weeks months or years

this is a common topic on firearms 4ms
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>>34273789
Just don't declare that you have any other guns in the house and you'll be fine on that end.
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>>34273755
>Is it taken as police evidence?
yes

>How long do we have to wait to get it back?
unless there are exceptions I'm not aware of, you can retrieve your gun only after the case is closed/trial is over

>Do we have to produce paperwork and permits on the gun showing that we have it registered and are the owners of it?
here in GA, PD may or may not ask during your initial interaction

>i've had my cc piece confiscated twice, once after a traffic violation, and again due to a firearms-related misdemeanor
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>>34273829
>only after the case is closed/trial is over
i should add that, if an investigation is ongoing, the gun will absolutely remain with PD
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>>34273817
>don't declare

you're not getting it, police will arrive with a search warrant
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It be like pic related.

The decision of whether to bring charges is usually made within a few days. If no charges you'll be able to get it back shortly thereafter. If charges it'll likely be several years.
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>>34273755
>my wife
All this LARPing...
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>>34273848
I better hide my weed really good then.
>>
They will take your gun as evidence and never give it back because judges secretly hope you'll forget to try and reclaim it because the government doesn't want ordinary citizens owning guns

Don't even bother using a gun to defend yourself, ever, you will lose it
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>>34273889

haha i live in WA state 420 is legal
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>>34273901
Just get a throwaway gun, like an SD9VE or Ruger 9E or some cop trade-in G19 or M&P, and put a basic light on it like a regular TLR-1 or something lower-grade than that but still reliable. Keep everything else buried in the backyard.
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>>34273755
>What happens to the gun she used? Is it taken as police evidence because she killed the intruder with it?
Most likely. Be 100% prepared for this to happen.

>How long do we have to wait to get it back?
Until the investigation is over.

>Do we have to produce paperwork and permits on the gun showing that we have it registered and are the owners of it?
More documentation always helps, especially in getting it back. Make sure you have the SN.

>the gun was used in self defense inside our property and I don't see any reason for them to take it or even ask questions about it.
The gun was used to kill a person inside your property. The cops have to do at least a cursory investigation into whether or not your wife invited Jamal inside for chicken and waffles with the intent of capping him.
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>>34273755
>we have it registered and are the owners of it
hello no-guns
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>>34273889
just don't leave it "in plain sight", not that they'd bother since that's not what they're investigating anyways

>>34273848
they won't need a search warrant: exigent circumstances of a gun being fired
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>>34273910

That hasn't stopped WA residents, or other residents of legal weed states, for being arrested for having both. Or being denied firearms if you got a medical card.

Still illegal federal level, even the new 4473 here in WA even states "Just cause it's legal state wise, it's still illegal federal"

A lot of cops have stated that they will enforce the federal law with that.

So best of luck with your chances, seeing as they will draw blood to check you when you get into a shooting.
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>>34274264
Fuck...
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You can request a receipt when you turn the pistol in so you have some physical evidence of when it was taken and by whom. Most people do not and pistols get "lost" or get sent to auction after a while.
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>>34273755
At age 18 I used an AK-47 at a sleep over, because I was afraid of a jealous boyfriend with a coke problem. Sure enough he shows up 4am, and tries to break in. At first there was pounding on the doors. I ran for the rifle, and put a mag in. Then the pounding turned into wood cracking. I loaded the gun. Next I herd glass break open from a window. I aimed at the bedroom door. It got quiet, and the a car drove away. I was about to puke. I was so certain I was going to kill somebody. It made me sick. I couldn't stop shaking. This shit was so crazy I knew somebody called the police. When they arrived I saw a flashlight on, and a cop announced [police department!] I stayed out of direct sight, and announced [Officer, I want you to know I'm armed!] He said that's fine just place the weapon away from yourself in a visible spot. He was very questioning on why I had that gun. I explained my fear of a drug addict, the effectiveness of the AK against drugged fighters over seas, and I recited the state constitution which is the right to bare arms in self defense shall not be questioned. He dropped all questioning. and went after the guy who came after us from there. He liked the gun, and asked about the caliber, and then left.
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Just dispose of the body. No one is going to search for dead Jamal/dead meth head #6107685
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>>34274366
Bear arms...
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It really depends on the situation, the nature of the shoot, your location, and your police department

They are almost certainly going to seize the gun used as evidence, to conduct an investigation. You are supposed to get it back at the conclusion of that investigation: whether or not you actually do depends on whether or not an officer thinks your gun is really cool or valuable and "loses it" in storage.

They will probably not seize your other guns. They will probably not search your house too hard. The "exigent circumstances" do not give them a right to go opening your drawers and safes. If they need to obtain a warrant it is unlikely it will cover the collection of your firearms. Again, it depends on the nature of the shoot. If it was a good shoot and everything is immediately clear, the better for you. If you shoot a black guy knocking on your door with a waffenamt'd P38 and you have Nazi memorabilia all over the place, well, good luck.
I would not go advertising that I have other guns.

>>34273901
the judge has no say in the return of police evidence concluding an investigation and/or trial
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>>34273941
I'm waiting to find a person who actually buries their guns
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>>34275063
Where else would I hide them for winter?
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>>34273755
In TX my vaginacarrying friend shot some urbanite trying to culturally enrich her. There are some factors that may have contributed in this. They are as follows:
-he had no weapon
-he was racially handicapped
-she did not kill him
She told us it took her 18 months to get the firearm back and only then after the courts finished their process.

Something that may be of interest to some of you also...

I was just finishing buying some furniturefor my new home in St Thomas, USVI. Shipping guns there is a 3 ring circus act, but can be done. After jumping through the fun hoops of yessuh massas and gladhanding, I shipped the firearms I wanted to the St Thomas police headquarters.
I arrived last week to learn they'd been stolen from the police storage. Stolen. From. Police. Storage.
I guess what I'm saying is, if you need to use a firearm in the USVI, don't expect it back.
Thread posts: 27
Thread images: 6


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