Question about gun sequestration?

[sl0re10]

Also; for what it is worth, it seems like a relatively new policy and suspect (re: it is there to just screw with gun owners). I had a gun stolen and used in a crime. It was promptly returned to me. They just took pictures of it to use in court.

This was 20 years ago. So; unless there were court cases being lost since the actual weapon was not shown in court... I think this policy is... you know.. bs.

[RickD427]

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.

Most detectives will prefer the victim in a self-defense shooting go to the police facility, as a victim, not as an arrestee. It makes the crime scene management a lot more simpler, and it helps ensure that a more legally pristine statement can be obtained (since the victim's recollection would not be tainted by post shooting observations of investigative measures). Generally. it's a long wait for the victim to meet with investigators. They want to assess the scene and evidence before doing an interview.

The transport to the station is voluntary. We have no legal authority to compel the victim to go, unless they're under arrest. And we can't make a lawful arrest just to facilitate the trip. We need to show probable cause.

There was a civil case several years ago where LAPD officers did an involuntary "voluntary transport" of witnesses to a station. The city wound up paying significant damages.

[RickD427]

Also; for what it is worth, it seems like a relatively new policy and suspect (re: it is there to just screw with gun owners). I had a gun stolen and used in a crime. It was promptly returned to me. They just took pictures of it to use in court.

This was 20 years ago. So; unless there were court cases being lost since the actual weapon was not shown in court... I think this policy is... you know.. bs.

Actually cases have been lost. What you're up against is called the "Best Evidence Rule." At the risk of over-simplifying the rule, it says that that we have to bring the "best evidence" that we have into court. To borrow your example, if we had the actual weapon, but released it after taking a picture, the defense attorney could argue against the picture being admitted into evidence. The actual weapon would communicate more detail, and could be more closely examined than could the picture. If the picture is suppressed, then the people have a more difficult time meeting their burden of proof.

[A-J]

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.

I can say (from second hand experience) that this is accurate. In some cases, the cost of meeting the requirements for getting the gun released end up costing far more than the gun is worth.

[Barang]

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.

This makes a lot of sense because it has to be determined which firearm was used in the incident.

Most detectives will prefer the victim in a self-defense shooting go to the police facility, as a victim, not as an arrestee.

The transport to the station is voluntary. We have no legal authority to compel the victim to go, unless they're under arrest. And we can't make a lawful arrest just to facilitate the trip. We need to show probable cause.

There was a civil case several years ago where LAPD officers did an involuntary "voluntary transport" of witnesses to a station. The city wound up paying significant damages.

Very comforting thought knowing that this is what happens in real life. Hearing horrible stories and seeing movies where victims getting convicted is scary.

A-J "I can say (from second hand experience) that this is accurate. In some cases, the cost of meeting the requirements for getting the gun released end up costing far more than the gun is worth."

I guess if that is the case, I won't pursue in getting it back unless it's a hard to find one.

[professorfate]

You only shoot someone with a cheap old shotgun. If you don't get it back, who cares.

[Steve_In_29]

.....Frankly, avoid shooting anyone anywhere in CA if you possibly can. Shoot the wall, the floor, the ceiling, anything but them, ......

At which point YOU have gone from a self defense situation to having committed a crime and will most likely loose the weapon permanently.

[BroncoBob]

Yuup use your lease favorite handgun for home protectiion

[SelfGovernor]

Hebrew 9:27 "And as it is appointed for men to die once, but after this the judgement."

Honestly, if I have to shoot (and presumably kill) an intruder, having my gun taken is the last of my worries. No matter how much of a scumbag the person is (was), there are people who will be crushed by their death.

Just for the record, my go to HD gun is a G17 with tritium sights and a TLR-1 light. I tried just about everything semi auto at my local range and except for a CZ 75SP01 (which was unavailable at the time) I liked the G17 the best for this application.

SG

[drifter2be]

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.

Because that would just be the end of the world if you were alive but your shiny toy was taken into evidence

Just do yourself a favor and don't succumb to the idiotic mentality that a Hi-Point is a good choice for self-defense because you won't care about losing a $150 piece of crap.

[Merc1138]

Because that would just be the end of the world if you were alive but your shiny toy was taken into evidence

Just do yourself a favor and don't succumb to the idiotic mentality that a Hi-Point is a good choice for self-defense because you won't care about losing a $150 piece of crap.

That $150 piece of crap will probably work, but yes there's a difference between having a firearm used as a tool(glocks, sig p226, beretta 92, springfield xd, mossberg 500, remington 870 express, etc. you get the point) getting taken in for evidence, and your prized $4000 nighthawk custom 1911 that you may never see again.

Get a gun you wouldn't mind losing for defense(actually, get 2 so you won't be left with nothing), and keep the fancy stuff for the range or competitions. A quality reliable firearm doesn't cost an arm and a leg, and at least for now so you might as well get the tools you're willing to use/lose(even in only temporarily) rather than the stuff you wouldn't want to be without(due to cost, sentiment, or whatever).

[jdben92883]

+1000. Granted I'd rather not lose a custom 1911, but in the big scheme of things, the weapon is largely irrelevant to me.

Honestly, if I have to shoot (and presumably kill) an intruder, having my gun taken is the last of my worries. No matter how much of a scumbag the person is (was), there are people who will be crushed by their death.

Just for the record, my go to HD gun is a G17 with tritium sights and a TLR-1 light. I tried just about everything semi auto at my local range and except for a CZ 75SP01 (which was unavailable at the time) I liked the G17 the best for this application.

SG

[Barang]

Because that would just be the end of the world if you were alive but your shiny toy was taken into evidence

Just being smart here, for the price of Sig you can get 2 Glocks so why not use them for HD instead. My wife and I used to have Glocks and we know how to operate them so it won't be difficult to transition between those two.

Sig and Glock are very reliable guns and will trust my life on both. One brand is far more expensive and better looking so it won't be foolish to make Glock as my HD gun. Now, if I'm a millionaire then that won't be an issue would it.