Under what authority can police confiscate a defensive firearm?

[nofearfactor]

This is why my old beatup G17s are placed throughout the house instead of my faves and a Mossberg 88 is out instead of my Nova Benelli tactical. They can have those old beaters as long as they want or need.

 

[ExSniper]

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

Exactly why you want a good and thorough investigation, to clear you of any possible wrong-doing!

 

[Istandalone]

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

Exactly why you want a good and thorough investigation, to clear you of any possible wrong-doing!

This exactly. Murder has no statute of limitations, so it would be better to be charged and acquitted via a quick trial before a judge (hypothetically speaking). Thus you could never be charged again pursuant to the double jeopardy clause.

One could always seek return of the firearm through civil process, but why have to.

 

[mons meg]

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.

To piggy back off of Nikat, Homicide isn't strictly a crime. It's more a cause of death. Murder, manslaughter, etc are crimes, as is "negligent homicide", but you get my meaning. IANAL.

Also, with respect to "not keeping your gun" after a stand-your-ground shoot, it's actually in the statue that the police are not required to arrest you as a suspect if it looks like a good shoot, or something to that effect.

 

[EFsDad]

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

Guess you have never heard of someone coming back from the dead???


And I think if you look back to my first post that mentions homicide, all I said was that if the person you shoot dies, then you have committed a homicide. That is all, the word "guilt" or "guilty" were not mentioned. FWIW

 

[grizzly97]

Guess you have never heard of someone coming back from the dead???

Zombie killin time!

 

[Old Fart]

If what you did is justifiable:
Best lawyers and extra weapons.
Life goes on.

 

[MLR]

Why does it seem like the authorities make it harder to get your weapon back that it would be to get them to release other evidence back to the owner? I've read many cases where gun owners have had to hire attorneys to retrieve a handgun. I cannot recall ever of a case where a owner had to fight to get a car or house or jewelry.

Michael

 

[loudshirt]

Why does it seem like the authorities make it harder to get your weapon back that it would be to get them to release other evidence back to the owner? I've read many cases where gun owners have had to hire attorneys to retrieve a handgun. I cannot recall ever of a case where a owner had to fight to get a car or house or jewelry.

Michael

Was the car, house or jewelry evidence in a murder or manslaughter trial?

Some of the posts say "good shoot". There is no such thing as a "good shoot". Killing another person is not a good thing. In the end it can be a justifiable thing but it is not now nor will it ever be a good thing. There are times it is justifiable to shoot someone. There are way more important things to worry about if you have to shoot someone than when will I get my gun back.

 

[justinsaneok]

Is the shooter guilty until proven innocent?

Well duh !!!!!