Can Police take ALL your guns for lawful shooting?

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SpiritualGuns

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The Victim was robbed at gun point in his own house, and the kids that broke in did fire one shot just to scare them. The victim did not even get to pull their gun.

I saw this on the News tonight and when you watch the video, it looks as though the Police are taking the victim's guns out of his house, 2 shotguns and 2 rifles.

So my big question is even though someone didn't fire a shot can they take all your firearms? Or even if you did shoot someone in your own house, can they take the remaining firearms?

[video]http://www.kswo.com/story/25812826/family-held-at-gunpoint-during-home-invasion?autoStart=true&topVideoCatNo=default&clipId=10280822&autoStart=true&topVideoCatNo=default&clipId=10280822[/video]
http://www.kswo.com/story/25812826/family-held-at-gunpoint-during-home-invasion

I hope the video insert worked.
 

SpiritualGuns

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It looks like they took them from his house to me. It was more as an example of what I was asking if they could do (if they truly did take them) and what brought about my initial question on if they can?
 

twoguns?

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I wondered about that too.

Beyond the point of reference, which very well could have been "stock" video, I believe the OPs question is .....

Is it proper, legal, or just procedure for LEO to take personal guns that were Not used in the crime?

That were owned by the person( victim) involved in the incident?

Cause the boats gonna hafta sale before I call 911...8/, if so.
 

BadgeBunny

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They can do whatever they want. The only thing you can do is to sue them.

That's not entirely true and you know it ... I suspect if "they" could "do whatever they want" things around here would be a lot more volitile, a lot less orderly and you wouldn't be posting about it on OSA. Let's keep the comments to the situation at hand, shall we, and not just lump everyone into a steaming pile of goo ...

And as far as your comments about suing, this is true of any person, in any capacity, in society today. Suing is the "civilized" man's recourse. Now whether you are made whole or not is a completely different story ... and also applies to personal injury law, worker's compensation law, contract law, ad nauseum ...
 

Jack T.

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That's not entirely true and you know it ... I suspect if "they" could "do whatever they want" things around here would be a lot more volitile, a lot less orderly and you wouldn't be posting about it on OSA. Let's keep the comments to the situation at hand, shall we, and not just lump everyone into a steaming pile of goo ...
.

Reminds me of the engineer/mathematician joke about the naked woman at one end of the room, and each 30 minutes the engineer/mathematician gets to move halfway to the woman. The Math guy gets mad and leaves because he knows he'll never get to the woman. The Engineer stays and says he'll soon be "near as makes no difference."
 

uncle money bags

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BB, i dont speak for Hensch, but i read his statement as "can" not "will".
I know, i know, im keeping it civil.
But i believe the point was more a matter of what could happen without making a character judgment either way.
 

BadgeBunny

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BB, i dont speak for Hensch, but i read his statement as "can" not "will".
I know, i know, im keeping it civil.
But i believe the point was more a matter of what could happen without making a character judgment either way.

Oh, you know, I didn't read it that way, but it is certainly possible and if I misconstrued his intent, I apologize. I certainly don't disagree with that reading of his statement ...
 

henschman

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The fact is they CAN take all your guns if they want in such a situation, and they can probably make the seizure stick in court too, at least for quite a while... certainly months, probably years if they really want to. It's as simple as labeling you a suspect and seizing them as evidence. The courts give police and DAs a lot of deference when it comes to the preservation of evidence.

You see a lot of this type of thing in bigger, more corrupt cities on the coasts, where anti-gun philosophies are more prevalent. You don't see this type of behavior very often in Oklahoma... with the castle doctrine and stand your ground laws, if it clearly appears to be a self defense shooting, the police will typically not even put the shooter in custody any more than just briefly while the scene is secured and they make an initial determination of what happened. They are very likely to take the weapon actually used in the shooting though, at least until the official investigation is concluded.
 

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