Under what authority can police confiscate a defensive firearm?

[ExSniper]

Until a determination is made whether charges will be filed the weapon will be held.If no charges are filed the weapon will be returned. No assumption of guilt, just collecting evidence. If a LEO is involved in a shooting his/her weapon will be held until the investigation is completed.

How/when the weapon is returned depends on who is holding it. We will just call you and tell you it can be picked up.

 

[Mr10mm]

But if you kill one of them and the other lives they will be charged with murder because during the act of a felony someone died. So In that case they will keep your gun until his trial and appeals are over.

 

[TJay74]

I thought when the Stand your ground law went into effect that the police could not keep your weapon if it was considered a good shoot?

I could see them holding it I guess, but once a reciept is issued by the confiscating department they should be held liable for any damage caused while in their custody.

 

[Norman]

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.

Negative ghost rider. Why ask a question, then argue with the people the question is directed to?
In particular the bolded sentence. This is entirely incorrect. Homicide in itself is not a crime. Homicide is merely the killing of one person by another person. If the shooter kills someone in a self defense situation, they HAVE committed homicide, but that homicide can still be found justifiable. If that is the case, the shooter did not commit a crime, but they did commit
homicide.

 

[Norman]

I thought when the Stand your ground law went into effect that the police could not keep your weapon if it was considered a good shoot?

Where on earth did you hear this? Do you think they are going to call it a justifide shooting on scene? Just walk up, look at the dead guy and say, ' yep, he's dead alright. He probaby deserved it'. It's a process, and there are exceptions. In the MWC shooting, the firearm in question is now evidence in a murder 1 case. Since the kid died in the comission of a felony, the survivors will be tried for murder 1.

They are the police. They will do whatever the heck they want and you filthy proles will shut up and do as you are told.

Trolling fail.

 

[TJay74]

Where on earth did you hear this? Do you think they are going to call it a justifide shooting on scene? Just walk up, look at the dead guy and say, ' yep, he's dead alright. He probaby deserved it'. It's a process, and there are exceptions. In the MWC shooting, the firearm in question is now evidence in a murder 1 case. Since the kid died in the comission of a felony, the survivors will be tried for murder 1.

I think in this case the mitigating circumstance is that there were other people that were caught that were involved with the burgalry. Had there only been 1 suspect and that suspect was killed then there would be no reason for a trial and hence forth the declaration of a righteous shoot would be made sooner and the gun returned.

I dont see how the home owners gun plays any role in the case of murder against the other caught burglar. His case is that someone died during the commission of a felony, he did not use the weapon to shot his partner so why does the home owner need to lose their weapon for the next 2-7 years while this case plays out.

In the end the owner will probably move, the city may not be able to find them and then the city will destroy the weapon and the gun owner will be out money for something that was not their fault.

I have up close a personal experience with this exact senario when one of our guns was stolen and recovered 3 days after the break in. The city of OKC never notified us that they had the weapon even though there was a case attached with the theft and the serial number was listed. We finally heard from them as they were getting ready to destroy the gun and after jumping through all sorts of hoops finally got the weapon back.

Luckily I got it back and it is getting ready to head over to Olyeller for a update.

 

[grizzly97]

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.

Isn't that kind of redundant?Sorry, continue now....

 

[NikatKimber]

Negative ghost rider. Why ask a question, then argue with the people the question is directed to?
In particular the bolded sentence. This is entirely incorrect. Homicide in itself is not a crime. Homicide is merely the killing of one person by another person. If the shooter kills someone in a self defense situation, they HAVE committed homicide, but that homicide can still be found justifiable. If that is the case, the shooter did not commit a crime, but they did commit
homicide.

I know what homicide is.

In my view, it's a subtle but important difference.

If they never charge you, you ARE NOT guilty of homicide. You may well have committed homicide, but you were not convicted by a court of law as guilty of homicide.

You're not "guilty" of anything.

You're not "guilty" of justified homicide unless they prosecute you for murder, you plead self defense, and it's ruled justified. Even then, you will be (if justified) found "not guilty" of murder (in whatever degree).

Unless you're using the word "guilty" to mean that yes you did do that act, but as this is the legal section, you are not guilty unless charged and convicted of said act.

I see this as a similar difference between the Constitution "granting" us rights, or recognize and protecting preexisting rights.

 

[ExSniper]

A recent investigation into an on-duty shooting that resulted in a LEO being investigated took 56 days before it was ruled justified. This shooting was in response to a "man with a gun" dispatch, clear video and audio of the entire event, and four other LEOs as eyewitnesses. Just because something is "justifiable" does not mean it will be over quickly.
As a policeman, I cannot come to a crime scene, look around, decide you were justified in shooting someone, and let you take your gun and go home. There is just more to it than that! It is for your benefit that we do a complete investigation that will come in handy later when you are facing a lawsuit in civil court.

 

[TJay74]

AIt is for your benefit that we do a complete investigation that will come in handy later when you are facing a lawsuit in civil court.

Thankfully in OK we dont have to worry about a civil lawsuit if it is a self defense shoot and is declared justifiable.