Question about gun sequestration?

[Barang]

Don't know the proper term but my question is... if you shot an intruder in your home, 1-Does the gov't take your gun away? 2-If yes, for how long?

[Cokebottle]

The gun used will most likely be taken into custody as evidence.
How long is going to depend on whether charges are pressed or dropped.
Could be anywhere from a couple of weeks on up... months if you go to trial quickly.

[CSACANNONEER]

1) It depends
2) It depends

There are far too many variables left out to answer your questions.

[CSACANNONEER]

1) It depends
2) It depends

There are far too many variables left out to answer your questions.

[Barang]

Thanks for the info. The reason I asked is because if they'r going to take the gun for evidence, I don't want my favorite one to be taken away. Might have to switch to a less expensive gun.

[Cokebottle]

Thanks for the info. The reason I asked is because if they'r going to take the gun for evidence, I don't want my favorite one to be taken away. Might have to switch to a less expensive gun.

That's why Glocks were invented.

[SVT-40]

Yes it will be taken, and it will be held until all courts issues are completed... In other words it could be years.

[Kodemonkey]

That's why Glocks were invented.

Yep. I won't miss the Glock. A series 70 Colt 1911... that would suck to lose.

[teg33]

Don't use a nice firearm for SD if you can.

[baggss]

In California if you shoot an intruder in your home you will not only likely be taken into custody until the DA decides wether or not to press charges but you will also have ALL of your weapons and ammo confiscated, not just the one used in the incident.

Once you are cleared (assuming you are cleared) it could still take some time (read months) for the LEA that took your weapons to return them IF they ever do. Any number of LEAs in CA have a policy of confiscation and destruction leaving it to you to sort out how to get your guns back and/or sue them. Even if they don't destroy them it could still take years to untangle the legal red tape and get them back.

Frankly, avoid shooting anyone anywhere in CA if you possibly can. Shoot the wall, the floor, the ceiling, anything but them, unless you are prepared to convince a jury of 12 you were in fear for your life.

[RickD427]

Yes it will be taken, and it will be held until all courts issues are completed... In other words it could be years.

^^^^THIS^^^^

It's all about evidence, and the duty of the law enforcement agency to preserve evidence for criminal trial, including any period available for appeals.

[RickD427]

In California if you shoot an intruder in your home you will not only likely be taken into custody until the DA decides wether or not to press charges but you will also have ALL of your weapons and ammo confiscated, not just the one used in the incident.

Once you are cleared (assuming you are cleared) it could still take some time (read months) for the LEA that took your weapons to return them IF they ever do. Any number of LEAs in CA have a policy of confiscation and destruction leaving it to you to sort out how to get your guns back and/or sue them. Even if they don't destroy them it could still take years to untangle the legal red tape and get them back.

Frankly, avoid shooting anyone anywhere in CA if you possibly can. Shoot the wall, the floor, the ceiling, anything but them, unless you are prepared to convince a jury of 12 you were in fear for your life.

With regard to being arrested and held until the D.A. decides on charges, the above is FUD, pure and absolute FUD. There has to be "Probable Cause" that a crime has been committed before there can be an arrest. I've responded to a great number of situations where private citizens have used deadly force. It's quite rare for anyone to be arrested. The major facts of a case usually are pretty apparent. Out of more than 50 such cases over 30 years, I've only arrested the subject in a force case twice. One was a supposed attempted truck theft victim who beat the "suspect" unconscious with a baseball bat. The only problem was there was no evidence of the attempted theft. The "suspect" had been walking along a foot path near the truck and set off the alarm. The other was gentleman who intervened in an name-calling argument between his grade school son and another grade school juvenile. He wound up fracturing the other youth's arm. That's the kinda stuff that will get you arrested. An appropriate use of deadly force will not.

With regard to the seizure of firearms used in self defense, this posting is partially correct. Plan on the weapon being seized as evidence and being retained throughout the pendency of the criminal process. That can actually take years, not just months. Then you'll need to go through the LEGR process to get the weapon back. The return of firearms is governed by state law, not agency policy.

[Barang]

That's why Glocks were invented.

Got rid of Glock 19 & 22 and replaced them with Sig. No regrets though, I think G17 suits my wife and I the best.

Yes it will be taken, and it will be held until all courts issues are completed... In other words it could be years.

G17 are next on the list for the reason above.

Yep. I won't miss the Glock. A series 70 Colt 1911... that would suck to lose.

Totally agree.

Don't use a nice firearm for SD if you can.

Yup! we'll be replacing them with G17

Frankly, avoid shooting anyone anywhere in CA if you possibly can. Shoot the wall, the floor, the ceiling, anything but them, unless you are prepared to convince a jury of 12 you were in fear for your life.

If it can be avoided, I much rather scare the intruder away but if my wife and my life are in danger ... hope I'll have the courage to pull the trigger. Taking a human life is a huge burden to carry for a long time but what other choices left if that situation arise. It's probably easy to say "Hell! if somebody broke into my house he won't see another daylight". But to be in that "Moment", I wonder what's going through one's mind?

With regard to the seizure of firearms used in self defense, this posting is partially correct. Plan on the weapon being seized as evidence and being retained throughout the pendency of the criminal process. That can actually take years, not just months. Then you'll need to go through the LEGR process to get the weapon back. The return of firearms is governed by state law, not agency policy.

Just to make it clear, the only gun that will be seized is the one used in self defense, the other guns in the safe that were no part of the shooting will not be confiscated, correct?

Very informative and something to think about seriously. Thanks all.

[CBR_rider]

Just to make it clear, the only gun that will be seized is the one used in self defense, the other guns in the safe that were no part of the shooting will not be confiscated, correct?

As Ben Franklin once said, "'In this world nothing can be said to be certain, except death and taxes." However, I have personally assisted on several self-defense shooting scenes at residences (and they were no longer "my" scenes once homicide dicks showed up..) and only the firearm(s) used were booked. That being said, don't leave your banned-by-name firearms, AT-4's, or cocaine lying about once the police arrive.

I read a few threads on here where people suggested plans after a lawful self defense shooting such as: Not saying a single word to the responding LEO's, hiding the gun(s) used in the shooting, etc. Don't do that. I'm not about to take this thread down the rabbit hole of "what should someone say/not say to the police," search this forum, use google, and maybe speak to an attorney to figure your game plan out ahead of time. Here is simply how monkeying around with the firearm after a lawful self defense shoot causes you more headache (but doesn't necessarily mean you will be in trouble criminally; you just might have a bigger headache than you need after such a life-changing event):

I respond to your residence because someone called 9-1-1 and said they just shot a man. I arrive and find you standing by the front door. You say you live in the house, are the one that called police, no one else is home, and you will no longer speak to me until after you consult your attorney. You provide absolutely no further information and there are no apparent firearms in the residence. There is a dead guy with what seem to be bullet holes in him. I don't know who he is or why he is at your residence; all I know is that there is now a dead guy who was shot inside the residence and no firearm to be seen. There is, however, numerous places firearms might be concealed such as your night stand, gun safe, etc. Guess what homicide will be looking for when they write a search warrant to process the scene? Firearms... and they will be taking any/all of them that could have been used in this incident from just about anywhere in your residence. Your WW2 trophy Luger? Yup. Your prized match 1911? Yup. Your grandad's old .38 special? Yup. The Glock you used in the incident? Yup. Your cool California Legal CX-4 Carbine? Yup. You get the idea.

The point is that because law enforcement may not be able to tell what firearm you actually used, they will need to take all of them to make that determination. This has not happened on any self defense shootings that I am aware of at my agency simply because every person who legally owned weapons provided law enforcement with the weapon used in the incident.

[baggss]

With regard to being arrested and held until the D.A. decides on charges, the above is FUD, pure and absolute FUD. There has to be "Probable Cause" that a crime has been committed before there can be an arrest. I've responded to a great number of situations where private citizens have used deadly force. It's quite rare for anyone to be arrested. The major facts of a case usually are pretty apparent. Out of more than 50 such cases over 30 years, I've only arrested the subject in a force case twice. One was a supposed attempted truck theft victim who beat the "suspect" unconscious with a baseball bat. The only problem was there was no evidence of the attempted theft. The "suspect" had been walking along a foot path near the truck and set off the alarm. The other was gentleman who intervened in an name-calling argument between his grade school son and another grade school juvenile. He wound up fracturing the other youth's arm. That's the kinda stuff that will get you arrested. An appropriate use of deadly force will not.

That's actually good to know and I stand corrected. I was basing that on discussions I have had with local city and county LEAs that I know. I do know that the Ventura County Sheriff will take you into custody and at least to the courthouse/jail Booking may or may not occure as I have been told, but it depends on the case and the specifics.