Under what authority can police confiscate a defensive firearm?

[guns are dumb]

Basically, where do the police derive the power to confiscate a firearm used in a defensive capacity, post-shooting?

I know there are a few officers on the forum and was wondering if any of you guys could give me specific statutes?

Is it legally possible to withhold a firearm from confiscation after a good shoot, such as in a defensive home invasion scenario?

I've read more than a few times of people have guns confiscated and being returned after having been put through the ringer, ie, scratched up, dinged, shot more than is necessary for a ballistics test, etc.

My own interest specifically lies in a 9mm SBR, which I think would be a very effective home defense measure. But where does the law stand on using such firearms (Class 3, AOW, etc) in a defensive capacity and if it was confiscated and not returned for several months or years, can the confiscating department be held responsible for it's condition? If a suppressor was used on a firearm, would it be confiscated as well?

 

[Mr10mm]

What I learned from speaking with the guy from mwc that his wife shot the intruders because of the accomplice's being charged with a crime they will not get the gun back until trial and appeals are over with. I was going to start a similar thread about "Don't shoot anyone with one of your favorite or expensive guns." I did a safe swap on guns that I keep out for home protection now. Mossberg 500 and glock 20 from now on just in case this happens.

 

[ExSniper]

It is evidence in an on-going criminal investigation.

 

[Mr10mm]

Oh ya I am not a LEO but I love to give advice and I do carry handcuffs!!!

 

[Mr10mm]

It is evidence in an on-going criminal investigation.

Yes I know, I guess make sure you get them all?

 

[guns are dumb]

It is evidence in an on-going criminal investigation.

Is the shooter guilty until proven innocent?

 

[grizzly97]

I would assume that they confiscate the firearm because it's evidence in the shooting. So it makes sense that you wouldn't get it back until the trial was over. As far as it getting damaged while in their posession, I have no clue. I personally don't care if mine gets cosmetic damage. It's a tool, not a show peice. If you use a full auto for home defense (assuming it was a good shoot), I would think as long as you had all the proper paperwork then you'd be ok. Except that, with all the anti-gun people out there, lawyers as well, you would more than likely get in trouble for "overkill" or something. Just my .02.

 

[EFsDad]

Is the shooter guilty until proven innocent?

The shooter has committed a homicide if the person they killed dies. Now the action may be deemed justifiable, but that is up to the DA.

 

[NikatKimber]

The shooter has committed a homicide if the person they killed dies. Now the action may be deemed justifiable, but that is up to the DA.

He's still not guilty in regards to the law until convicted of such in a court of law.

Until the shooter is A- convicted of murder, or B- pleads self defense in regard to the homicide; he is merely a suspect in a homicide shooting.

If the DA doesn't press charges, then he's still not "guilty" with regards to the law.

In America we are still innocent until proven guilty, so if he never goes to court over it, he is never found guilty of anything.

 

[guns are dumb]

So, if the DA doesn't file charges, are the confiscated firearms released immediately and if not, why?