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Wallabing
01-08-2011, 7:33 AM
In the unfortunate event that a round had to be fired in defence of your residence, and it caused a fatality, would law enforcement, or DA (or whatever goverment agency) seize every single one of your firearms and ammunition? Could the DA use your firearm collection to paint you as a homicidal nutjob in court?

We The People Firearms
01-08-2011, 7:53 AM
The right answer is "it depends". Is the gun registered to you? What were the circumstances involving the shooting etc. If it was a legitimate shooting, you were within your legal rights, not intoxicated, etc, then probably not. The bottom line is that the da's office would need probable cause to search and seize anything that wasn't used in the shooting. Of course without your consent, this would require a warrant. This of course is my opinion based on what I used to see and participate in with regard to search warrants, but anything is possible with the right (or wrong) officer/da/judge combo. Just know your 4th amendment rights inside and out and never consent to anything you're not comfortable with.

HowardW56
01-08-2011, 7:55 AM
In the unfortunate event that a round had to be fired in defence of your residence, and it caused a fatality, would law enforcement, or DA (or whatever goverment agency) seize every single one of your firearms and ammunition? Could the DA use your firearm collection to paint you as a homicidal nutjob in court?


It is unlikely that LE would they seize anything other than the gun that was used. Seizing everything is not justifiable unless you are arrested. If it were a questionable shooting, I would expect that they would take the shooter and guns.

Again, if it were a bad shooting and you were charged, the DA can use whatever they have available to paint you as a criminal.

CSACANNONEER
01-08-2011, 8:05 AM
The right answer is "it depends". Is the gun registered to you? What were the circumstances involving the shooting etc. If it was a legitimate shooting, you were within your legal rights, not intoxicated, etc, then probably not. The bottom line is that the da's office would need probable cause to search and seize anything that wasn't used in the shooting. Of course without your consent, this would require a warrant. This of course is my opinion based on what I used to see and participate in with regard to search warrants, but anything is possible with the right (or wrong) officer/da/judge combo. Just know your 4th amendment rights inside and out and never consent to anything you're not comfortable with.

While I agree with most of what you've written, the registration question is, in part, BS. There are many legally owned unregistered handguns in California and ALMOST ALL long guns are not registered. So, I actually see an advantage of me using one of my legally owned handguns. It obviously shows that I've owned the gun since prior to 1991 and have never had to use it to save my life before. Would a "homicidal nutjob" with a "large arsenal" (to the press this mean 3 or more firearms or airguns) wait 20+ years after aquiring a legal firearm to illegally use it? Highly doubtful. To me, using an unregistered and legally own handgun only helps to further prove that one has a very long history of responsible gun ownership.

Illegal CCW of a non registered handgun is the only place, which I know of, that California law has created a legal distinction about registered vs. non-registered handguns.

Also, a SD shooting inside of a residence would probably be probable cause to search the enitre scene and collect any "evidence" which is found.

maddoggie13
01-08-2011, 8:12 AM
They should only seize the firearm you used for defence... This happen to me in TX. It was return to me after 3 days...video from the gas station shows I was protecting my friend, who is a truck driver being rob at gun point. No right to seize all your firearms...

ZombieTactics
01-08-2011, 10:06 AM
Policies vary WIDELY from jurisdiction to jurisdiction ... even from one county to another or from one city to another in the same county.

As such, it's exceedingly unwise to give or accept any general advice - regarding this issue - in this forum.

Kid Stanislaus
01-08-2011, 10:10 AM
"No sir, officer. I'm most emphaticaly NOT going to open that safe. Get a warrant."

Ron-Solo
01-08-2011, 10:17 AM
:popcorn:

ivsamhell
01-08-2011, 12:28 PM
Its totally ludicrous to me that they will disarm you after you've had to defend yourself. Are they going to issue you a body guard until your property is returned?

Tarn_Helm
01-08-2011, 12:32 PM
The right answer is "it depends". Is the gun registered to you? What were the circumstances involving the shooting etc. If it was a legitimate shooting, you were within your legal rights, not intoxicated, etc, then probably not. The bottom line is that the da's office would need probable cause to search and seize anything that wasn't used in the shooting. Of course without your consent, this would require a warrant. This of course is my opinion based on what I used to see and participate in with regard to search warrants, but anything is possible with the right (or wrong) officer/da/judge combo. Just know your 4th amendment rights inside and out and never consent to anything you're not comfortable with.

FUD.

There is no such thing as gun registration in CA (except certain classes of firearm).


DROS is NOT GUN REGISTRATION.

N6ATF
01-08-2011, 12:43 PM
If there's an extremely detailed receipt with both my information and the gun's information, and the information on that receipt is transmitted or retained for anyone else but ME and the seller, and can be viewed by the government, it's registration.

hawk1
01-08-2011, 12:46 PM
If there's an extremely detailed receipt with both my information and the gun's information, and the information on that receipt is transmitted or retained for anyone else but ME, it's registration.

No, it's called 'ownership'.

#26 How do I know if my firearms need to be registered?

There is no firearm registration requirement in California except for assault weapon owners and personal handgun importers. However, you may submit a Firearm Ownership Record to the DOJ for any firearm you own. Having a Firearm Ownership Record on file with the DOJ may help in the return of your firearm if it is lost or stolen. With very few and specific exceptions, all firearm transactions must be conducted through a firearms dealer.

:D