Question about hypothetical break-in

[JeffSD]

This is a hypothetical question, about a late night break-in. Say its 2am, the wife and I are awakened by the sound of our security system going off (all windows and doors have sensors, we also have glass break and motion sensors throughout). We have no kids, all our dogs are in the room with us, so I'm not setting foot outside that bedroom door.

So someone tries the door, or they kick it in. I light them up and tell them to get out or get shot. The fates smile on me and he gets out. Next thing I do is call the police and tell them. They will come out and take a report and look at the damage.

Since no shots were fired, will they attempt to seize my firearm? Can they take it legally?

[RobertMW]

This is a hypothetical question, about a late night break-in. Say its 2am, the wife and I are awakened by the sound of our security system going off (all windows and doors have sensors, we also have glass break and motion sensors throughout). We have no kids, all our dogs are in the room with us, so I'm not setting foot outside that bedroom door.

So someone tries the door, or they kick it in. I light them up and tell them to get out or get shot. The fates smile on me and he gets out. Next thing I do is call the police and tell them. They will come out and take a report and look at the damage.

Since no shots were fired, will they attempt to seize my firearm? Can they take it legally?

What firearm? You had no firearm out. What is this "firearm" you speak of. Surely the Perp must have just ran when he saw you staring at him with a flashlight and a hard-on.

[RobertMW]

Oh, and no, they would have no reason to take your gun. What evidence would it provide them? No shots fired, and cops aren't going to do something that makes them write up more paperwork than necessary. Confiscating a gun is something that makes them do paperwork.

Oh and that is also illegal seizure, and would bring a lawyer knocking on their door, hard.

[funk_drum]

What firearm? You had no firearm out. What is this "firearm" you speak of. Surely the Perp must have just ran when he saw you staring at him with a flashlight and a hard-on.

That would work for me.

[SonofWWIIDI]

It wasn't the fleshlight ()or the firearm, it was your exclaimation of "FINALLY!!" when you heard him breaking in.

[thenodnarb]

The answer to your questions are "maybe" and "no." I would say it depends on where you live and what LE department is responding. Since no shots fired, all they should do is take a report. You were within your rights to shoot him if he came in the door. But being the nice guy you are, you warned him and he ran away.

[CK_32]

It's LEO so anythings possible. But there would be no reason for them to seize the firearm from you.

They will most likely, file a police report, take witness accounts, log it in and call it a day. Probably wont go any farther than that either. So Mr BG gets to live another day to rob another family.

[pacrat]

So Mr BG gets to live another day to rob another family.

^^^ THIS ^^^

Hypothetical BG enters my home in the dead of night. He will be more than just "hypothetically" dead that night.

just say'n

[MrSam]

Firearms are typically seized in order for forensics to run tests on them, to acquire evidence (i.e. did you really shoot the BG with the gun you claimed to have shot him/her with? etc.). There's no guarantee that they wouldn't confiscate the firearm, but what evidence could they possibly pull from a gun that was not fired? Especially when there is no body to autopsy.