Clarification for justifiable homocide and what happens please.

[stilly]

So I was in a course in AZ and we were told that per FEDERAL regs that if you shoot someone and kill them (or maybe just shoot them) that ALL of your guns will be confiscated due to you being a "prohibited possessor" now AND you will most likely be arrested and spend one-five days locked up. Now, I know that was blunt, but the key was that this happens PER FEDERAL REGULATIONS if I recall correctly.

I have seen justifiable homocide in the news; we have all seen and heard the stories I am sure.

I was curious though, so if I was woken up due to noise in the house, I grab my .357 revolver, head out to the middle of the house and see someone or confront someone or even more than one person, shoot them dead, call 911, turns out they are a bad guy who cares whatever, I was in the right to shoot yadda yadda yadda, do I still get my guns taken away and myself locked up or is THAT up to the local PD doing the investigation? I was under the impression that worst-case-scenario they would take the gun used to shoot to match things up and then hopefully either give it back within a day or so (I would have to get it prolly). But to take ALL of my guns? And let's suppose that I had guns stored elsewhere like at a friend's house or somewhere else? Would they run that list and see what I have and then make certain that ALL are accounted for? Could I get in trouble if I had one or two that I could not account for (because they are away from the house)?

Just curious and looking for clarification really. I was never aware that I could lose all of my guns for who knows how long even though I used only one to shoot someone or defend myself. Would they take care of them as good as I do? Is there a difference when guns are rounded up for this reason vs. other bad reasons? I guess I am looking for any Riverside or ANY LEOs that have worked a case or two like this. I thought that is what COULD happen, but prolly not likely as long as it is justifiable homocide, but just in case I wanna have some clarification.

[WyattandDoc]

If there is no crime, there is no arrest. Killing somebody is not illegal if it falls in the category of Justifiable Homicide. An intensive investigation will result and you most likely will be brought to the station to be inteviewed. That is up to the Homicide investigator. Unless they find the killing was unlawful, you will not be placed under arrest.

As far as the search for weapons, and the extent of that search, well that has to do with the totality of the circumstances and is also up to the handling Homicide Detective. Yes the weapon used will be seized. You will get it back once the investigation and case is dispoed as what you did was legit, meaning the weapon and your actions. It will be kept safe but not in a nice Fort Knox with a De-Humidifier

[stilly]

If there is no crime, there is no arrest. Killing somebody is not illegal if it falls in the category of Justifiable Homicide. An intensive investigation will result and you most likely will be brought to the station to be inteviewed. That is up to the Homicide investigator. Unless they find the killing was unlawful, you will not be placed under arrest.

As far as the search for weapons, and the extent of that search, well that has to do with the totality of the circumstances and is also up to the handling Homicide Detective.

You just reminded me of a second part that we were told.

Following a shooting, it is advisable to NOT answer any questions unless your lawyer is present.

That might be the SMART thing, but in a case like I described and it is a good shoot, I can still see how me for example, could get things mixed up or say something wrong because of what has just happened. Is there a proper path that one can take that one SHOULD take after a shooting in order to be the most accurate and truthful? Like let a certain amount of time pass? I think I might be a mess if I went down to the station, but in class we were asked if we had to, could we do it?

Is there any way to be prepared for this sort of thing? I am not anticipating it and I certainly never want anything of the sort to fall in my lap, but this is the real world and crime happens and if it does happen I do not want to be a statistic.

What about living at the house? suppose this happened inside my house? What is a timeline before I can be let back in the house to go on living my life (and clean up the mess I presume)?

Thanks for the info. That is a little easier to deal with then my house getting torn apart looking for things automatically.

[WyattandDoc]

Nothing can prepare you for taking another persons life. Best advice is to tell the truth to the best of your knowledge.

As far as "lawyering up", thats your call as a man.

[SVT-40]

What F'ed up "course" taught by whom did you attend?

There is no "federal" issue related to a citizen using deadly force against a intruder....

It's a state issue if that.....

Did you pay for this course?... If so you need to get your $$$ back...

[RickD427]

So I was in a course in AZ and we were told that per FEDERAL regs that if you shoot someone and kill them (or maybe just shoot them) that ALL of your guns will be confiscated due to you being a "prohibited possessor" now AND you will most likely be arrested and spend one-five days locked up. Now, I know that was blunt, but the key was that this happens PER FEDERAL REGULATIONS if I recall correctly.

This is pure B.S.. Nothing less. It's not even a close call.

Please let us know who fed you that line.

If you're involved in reasonable self-defense shooting you are not going to be arrested. Plan on the weapon used being seized as evidence and being held for the duration of the prosecution, and possibly through the period available for appeals. That's not to suggest that you are the focus of criminal suspicion, most likely its going to be the person that you shot, but your weapon remains an item of evidence.

Usually, it's pretty easy for an investigator to form a "first impression" of the matter from a cursory review of the circumstances. But that's not the final word, we're going to do a thorough investigation. Nine times out of ten, the results confirm the first impression. We get surprised about 10% of the time and that makes the full investigation worth the effort.

Don't try to outsmart the investigator through manipulative responses to questions. If you feel the need to confer with counsel before answering, simply say that. But if you do elect to remain silent, when you have not received a Miranda admonishment, please be aware the investigator can draw reasonable inferences from your silence and those can be later used against you (Refer to Salinas v Texas).

There may be cases where officers seize all of a victim's firearms following a self-defense shooting. A good example may be where the victim declines to be interviewed, and there is no evidence clearly identifying which weapon was used. In that case, all weapons at the location would go into evidence so that a forensic determination can be made to identify the one used.

[hitman13]

What course?

I want to take it just for the ****s n giggles of calling the BS during the course....

[Ron-Solo]

Get your money back!

[CBR_rider]

...or is THAT up to the local PD doing the investigation? I was under the impression that worst-case-scenario they would take the gun used to shoot to match things up and then hopefully either give it back within a day or so (I would have to get it prolly). But to take ALL of my guns?

Would they take care of them as good as I do? Is there a difference when guns are rounded up for this reason vs. other bad reasons?

"Federal law" has nothing to do with taking or not taking all your guns during the investigation. Whether more than the gun(s) used during the incident are taken can tie into your question of whether or not you should ONLY speak to LEO's after you have spoken with a lawyer. It has been discussed ad nauseam by any LEO's here that if law enforcement responds to a scene and finds one person dead, one person alive, and neither one of them willing to say ANYTHING they will likely have no choice but to treat the living person as a suspect. Also, obviously, if you have obviously illegal firearms lying around in plain sight you can expect those to get booked too (or you are a prohibited person, etc).

And since they will not know which firearm(s) were used; a search warrant will be written and all firearms found will likely be seized. And no, all those firearms seized will not be treated as well as you probably would treat them. That isn't to say they will intentionally be abused, but don't expect each one to be babied, placed in its own nice silicone gun sock, gently wiped down after every time it is touched by human hands, etc.
I know I wouldn't want my family heirlooms, cherry C&R guns, etc going into an evidence locker when I only used a generic Glock 21 in the shoot...

This of course isn't to say that legal representation may not be a bad thing to have, but since you seem to be an intelligent adult I would assume you could come up with a simple (truthful) statement to give to responding officers prior to you asking for a lawyer. I wouldn't expect most lawyers to say anything other than "never talk to the police if you can avoid it and never without me being present." If you don't call them, they don't get paid regardless of how petty or extreme the situation. A lawyer would probably be a good thing though, as we saw with the Zimmerman case even when the initial investigation points a certain way, politics can sometimes shift the course of legal events an entirely different way.

[benjamin101677]

You just reminded me of a second part that we were told.

Following a shooting, it is advisable to NOT answer any questions unless your lawyer is present.

That might be the SMART thing, but in a case like I described and it is a good shoot, I can still see how me for example, could get things mixed up or say something wrong because of what has just happened. Is there a proper path that one can take that one SHOULD take after a shooting in order to be the most accurate and truthful? Like let a certain amount of time pass? I think I might be a mess if I went down to the station, but in class we were asked if we had to, could we do it?

Is there any way to be prepared for this sort of thing? I am not anticipating it and I certainly never want anything of the sort to fall in my lap, but this is the real world and crime happens and if it does happen I do not want to be a statistic.

What about living at the house? suppose this happened inside my house? What is a timeline before I can be let back in the house to go on living my life (and clean up the mess I presume)?

Thanks for the info. That is a little easier to deal with then my house getting torn apart looking for things automatically.

Seems to me that your too worried about all this stuff, either you took a case that somebody didn't know what they were talking about or you miss-read or heard things.

After a shooting your not going to care about how soon you get back to your house, etc your going to be happy that your alive and the threat was taken out.

Most people who shoot somebody will never fully get over what the effects were are shooting and killing somebody. Some officers I know don't even like driving by where there shootings occurred.

There is so much stress and worry in life, why add the stress and worry over a shooting or something when you haven't had it happened yet. When / if it happens deal with it then.

Also after a shooting you will know where you need to get a lawyer or not based on everything that is going on.

[tyrist]

Get your money back!

I second this.

[stilly]

It is possible that something was misread or misunderstood. This was in AZ and put on by a local gun store and maybe the rules are slightly tighter over there or maybe they said this in an effort to keep us in the class hmmm, more careful of how we keep things and what not at the house. It could be possible that I misheard but I thought she said that after a shooting you WILL be taken down to the local PD and held in a cell until they decide on the story and make a decision, but I thought that it was said that all of this AND your guns would be confiscated until it was decided you were okay in what you did. Maybe the federal regs at one time said this is what could happen and it was just being restated. I ended up getting a book but the book is mostly for AZ. I do not live in AZ although I visit it frequently and have a place to stay there. I will peruse through the book and see if it said that. I thought it was odd that all of a sudden you are treated like a criminal before the facts or story is known and there is a rush to do all of this stuff before anything happens.

[QuarterBoreGunner]

Seriously. Did you keep the receipt? Total BS.

What F'ed up "course" taught by whom did you attend?

There is no "federal" issue related to a citizen using deadly force against a intruder....

It's a state issue if that.....

Did you pay for this course?... If so you need to get your $$$ back...

[Samuelx]

psst Stilly, if it's homOcide, you might be looking at hate crime charges... (homIcide)...

[CaptMike]

Samuel, you always make me laugh