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Police take gun after self defense shooting

6K views 22 replies 22 participants last post by  Lone Gunman 
#1 ·
I get that in some cases weapons need to be confiscated to prove they were used and ect. But I have heard some real horror stories about police never giving the weapon back, even after it was a cleared shooting. As a example, my friend had his Glock 17 taken after a guy attempted to mug him with a buck knife at a wal mart parking lot, guy was shot once in the abdomen and only one shot was fired. Police took his gun, put him in cuffs, and impounded his car, wtf. I picked him up that night, and the cops said he cannot get his gun back until the shooting is cleared. Spent $55 to get his car back, and we thought that would be the worst if it. Four months go by and we hear nothing about getting the gun back, shooting was cleared two days after it happened. It gets better, we are at the shooting range and see a guy rate beside us using MY FREINDS GLOCK, how do we know its his, it has a Custom engraved nickle slide with a front compensator. I ask the guy who he was, He is a cop, asked about the gun, said he did the work himself, asked if I could hold it, I checked the SN and its the same gun. After chewing that pricks butt, and telling him he is about to get sued he said it wasn't his, NO $&@" SHERLOCK. My friend took the gun, and he filed a law suit with a pro bono attorney. It's not fair that this happens, it's against so many morals not just laws but it happens all the time apparently. I just want to know if anybody has heard of this stuff going on outside of Virginia, or are there any states more lenient. I'm a Marine and proffesionol bodyguard, and I would never let any cop take my weapon after what I have seen, and I have told police this to there face, just disgracefull.
 
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#2 ·
I don't really know what to say except that maybe (not in this case it appears) a police officer can acquire a firearm from evidence at a police auction after the shooting has been cleared or the case solved and the original owner is either not able, not legally able, or not a live anymore to reclaim his firearm?? Or Maybe it was just a mistake and placed in said auction? I don't know but it seems plausible. Not in this case obviously as you had words with the officer and found out the truth, but maybe stuff like this happens?
I'm sure an actual police officer can chime in here and validate or destroy my hypothesis
 
#7 ·
While we're talking about getting guns back from police after SD shooting.

This is why I never CC a pistol I can't afford to loose. You never know if you'll get your pistol back, or in what condition after there done throwing it around the trunk of a car or and evidence lockup. One of my favorite carry pistols is a $200 (unissued) 1987 CZ 82. It's proven itself to be as reliable as any pistol I own regardless of price. Plus that it's very accurate. I'd be very pissed off if I had a $1000 gun on me at the time of a shooting and they never gave it back or returned it in beat up condition. I'm not a cop hater by any means but lets be realistic. To them it's just another piece of evidence that has no real personal value.
 
#8 ·
Irony.. I had the same experience as your friend with the exception, ALL of my firearms where taken as it happened at home, no worries I wont mention any names like Sacramento County Sheriffs Office.. they even took all of my ammo when they took my guns.. months passed.. I finally got mad and called and kept talking to everyone wanting a answer, I spoke to everyone from several Sgts. to Captains to Detectives... deaf ears all around..

So I went to the SCSO main building, started asking to see everyone who's name was upon the wall.. I got to a Lt. and by then I was so pissed off I couldnt stand it.. had words with him.. he said he would give me one of my guns back.. I called BS.. several of those guns are family guns there is no way I was walking away from any of them, thats theft under color of authority.. so I went to the Sgt. at the main window and told him I wanted to file a theft of firearms report.. he started asking questions, then realized it was his office that I was going to file the report against, and I also told him I needed the report # so I could take it to the County D.A.s office.. and then I would also be sending it to the California State Attorney General, and to the F.B.I... he was on the phone quick..

The SAME Lt. came down and seen me in 2 minutes, rolled his eyes, and told the Sgt. to forget it.. so I said I would call the California Highway Patrol to make the report because his office refused to take a report of stolen firearms and ammo.. within 2 hours I had every single gun back, but they "lost" my ammo.. I was told the officers who removed it from my home probably threw it away for "safety" reasons.. you can throw ammo away??? I never knew that.

They are thieves... you need to force them to take the report, if they wont, then you call the State Police, they have to take the report, make sure you get names and badge numbers and when you spoke to them for your report.. always tell them you will be privding report info to the D.A., the State Attorney General and the F.B.I. and now days I would also add the A.T.F..

You will get it back.. I was given a "warning" of being someone worth keeping a eye on after my firearms were returned.. and when I said I wanted to be paid for the ammo or have it returned.. I was told I was lucky to just get my guns back and would be smart to leave it alone .. most cops, are like most gang members, they only thing that separates them is one side wears a badge when they act like gang members.. the others are a lil more honest about what they really are. Understand not all cops are like this.. but a lot are.. where I live now, its a small Utah town.. with GREAT Sheriff's Deputies...

You can get it back if you want it.. and you can get reimbursed for the costs like the car being towed under the victims of crime laws..
 
#9 ·
It's been several years ago but, I had a friend whose home was robbed and all his guns stolen. The thief was caught and all the guns recovered. He was told the guns had to be held till after the trial. 18 months later after some serious hell raising, he got his guns back with the exception of a custom built Colt 1911. He was told that the gun was apparently lost and when he had his lawyer contact the Chief of Police, suddenly the gun reappeared and he got it back. I had friends working in the PD and was told by them that the Chief himself had taken the gun home with the intention of keeping it for himself. This sort of thing has been going on for years and the average law abiding citizen can't really afford to hire a lawyer and jump through all the hoops to force the police to do what is right.
 
#11 ·
When my grandfather was killed in a car wreck a few months ago one of his CC guns was missing from the crash sight. (he carried at-least one in each vehicle he owned and one or two on his person) After a couple weeks raising hell with the sheriffs deputy's and Highway patrol, one of the officers returned it saying he didn't want a little kid to find it. but the location wasn't somewhere little kids would be, not without a parent at-least. And to top it off they refused to punish the officer since he "did the right thing"
 
#12 · (Edited)
Got mine back-finally

Howdy all,
First off, I would like to say that I am not a real big fan of "law enforcement". While I am sure that there are many of them who are just "Doin' their jobs", I have seen more than a few who are "as crooked as a snake". That being said, I would like to report an act of honesty and integrity which was done by the Los Angeles Co. Sheriff's Dept. for me. Approx. 13 years ago I was the victim of a residential burglary; among the items taken was a customized Colt L.W. Commander in .45ACP. Yes, the homeowners ins. did cover the loss but...the gun was gone. (Have you ever had a weapon that was like an extension of your hand? I mean just dead nuts on!) Well, last fall I got a call from a detecive of the LASD and, because of the original gun registration, (something I am VERY much against), they were able to locate me and return the weapon to me. Now, where it had been for the last 13 years I cannot say (although they did show me some mug shots of the person who they said had it in his posession when they picked him up for some unrelated crime). The point is this: they're not all crooked.
Cheers, Stevo P.S. If someone says you ought to bolt your safe down-DO IT!
 
#13 ·
Never carry a gun you can not afford to lose. If you have to shoot somebody, no matter how righteous the shooting, you are not getting the gun back for quite a while.
The family heirloom Colt I got when Dad passed only comes out on range day.
 
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#16 ·
Wha Chew Mean We Loss UR Gunn


I live in PHX. One night there was a major Domestic Violence thing going on.
A couple were literately dukeing it out on my lawn, my wife called 911. Several neighbors and I were trying to bring peace. NO WEAPON WAS INVOLVED AT ALL! When the cops arrived, the first thing they did was to seperate the 2 that
were fighting, and move them from each other so they could investigate. (took two cops, leaving two to talk to witnesses) That left 2 cops and six wit's. One
cop told all to place hands on their heads. (not ever a violent area) Then he asked, "HOW MANY OF YOU ARE CARRYING WEAPONS?" I responded that his was not a legal request. (never learned to shut mouth) After a brief arguement, he understood that he had to address those present individually, not as a group. Then I brought the fact that no prox cause applied to the 6 of us. We were not suspected of a crime and he acknowledged that!

Well he went thru the first 5 guys and asked each, all responded "NO", but gave consent to a pat-down. (nothing found) I was next up. He asked and I told him, "yes Sir, but you have no right to search me, and I deny you any right my person, or touching me"! He searched anyway, and took the gun and placed it in his car. (a tweeked Colt Mk IV, Combat Cdr.)

The fighters were arrested, and I was told I could pickup my gun at the property department in 10 days. I said nothing because I had witnesses, and I knew their names. Ten days later, at property dept., no gun!
Honest kids, I remained calm! She was only a clerk! Enter attorney (family) best kind since he and I had different last names. I filed something called 'Notice of intent to file'. In two days my gun appeared out of nowhere!!!

Conclusion: Suit filed and won. I asked for a dollar for real damages & $500k in punitive. With a face-to-face apology I settled for $2! I asked that the officer be disciplined short of dismissal! I don't know the final crap, but I do know the officer took a loss of pay (a fine), still on force. I did receive a court approved letter from him. It had to be court authorized because he had gotten an RO.

NOTE: OFFICER WAS NOT THEN, OR NOW EMPLOYED BY PHX P.D.
AT THAT TIME I LIVED IN ONE OF THE 'BURBS.
 
#15 ·
In 1998 my stepson took my 1920's civilian Colt 1911 and went down under the Red River bridge near our home to meet some friends, parked where the front end of the car went over a crumbling bank and high centered. His buddies left him there promising to call me to come pull him out (which they didn't do). They also left him some beer and booze. He drank while waiting, got sleepy and went to sleep in the passengers seat with the Colt in his lap. An OHP officer noticed him and called a Tribal (Choctaw) officer (the bank of the river is Tribal land) to arrest him. I got a call the next morning and when I asked about the Colt at the county jail in Idabel was told the Tribal officer involved retained it to turn in at his office in Durant. When I called Choctaw HQ I couldn't get a clear answer, told to wait and they would contact me. Heard nothing for 2 weeks, went to Durant (@100 miles) and still got a run around. I was however able to find the name of the arresting officer, and after a bit of digging found out his home phone #. Found out the gun was still in his possession and worked it out to meet him near home and get it returned. First words out of his mouth when we met were "Damn, I sure thought I'd get to keep that one, I love those old Colts," I found out that there was no need to turn in confiscated weapons if the charges had nothing to do with them. He was a nice guy and could have stonewalled me or just lied and I'd never have gotten it back. The long and short of this is do whatever it takes to get your guns back no matter what effort it takes. The best idea in not to do something that gets 'em taken but if it happens Raise Hell until you get them back!!
 
#20 ·
Any time the police confiscate a firearm just go to a judge and get a court order to make the police return the firearms. If they fail to do so, then they end up in contempt of court. You want to do it within 30 to 40 days of a shooting incident or confiscation. You may have to sign off that the firearm you're receiving from the police was used in case # so-and-so and used to shoot Johnny Dirtbag on such-and-such a date but that's probably about all that will come of it. Never wait more than 30 to 40 days to get back anything seized by the police that you want back in your custody. In some cases, at the end of 60 days, some things can be disposed of or destroyed. Many cheap guns end up being melted down in steel mill furnaces if they are not needed for evidence once a case is settled.
 
#22 ·
I am a retired deputy sheriff. This just makes me want to throw up. I am honest, and would never even consider taking some one else's property. That is theft and it is a crime. If I knew another officer did that, I would call internal affairs as fast as I could punch the number. Not all peace officers are like the ones you are talking about. Some take our jobs, and our oath's seriously, I am one of them. I served 30 years, I never took anyone's property and lived by the golden rule, still do.
 
#23 ·
This is a large part of the reason, 'Why' I started carrying crappy Glocks.

The only thing is that old habits die hard; and I just couldn't keep my hands off them. Now, until I spend about twice what the original crappy Glock cost when it was factory-stock I'm just not happy using it.

Which tells me that I should have, probably, bought something I really liked and respected to begin with; but ....... I do own a number of really nice (originally) cheap plastic pistols, now, that I am sure many cops would be only too happy to steal.
 
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