Quasi-legal question about handguns used in self defense scenerios

[TGO David]

This is a question that has been lingering in the back of my mind for quite some time now. Perhaps someone here can answer it.

If a situation arises where you must use your handgun for self defense, will the police confiscate the handgun as evidence? Does it depend on whether or not the shooting was initially deemed to be justified self defense by the police?

If the handgun is confiscated as evidence, what are the odds of you getting that handgun back after the investigation is over?

[Guest GlocKingTN]

This is a question that has been lingering in the back of my mind for quite some time now. Perhaps someone here can answer it.

If a situation arises where you must use your handgun for self defense, will the police confiscate the handgun as evidence? Does it depend on whether or not the shooting was initially deemed to be justified self defense by the police?

If the handgun is confiscated as evidence, what are the odds of you getting that handgun back after the investigation is over?

I will ask my LE buddies about that. I would think they would probly take it for evidence. But I dont see a reason why you wouldnt get it back. Like I said, I will see if I can find out something for ya!

[molonlabetn]

I have heard of cases in which the gun which was discharged in self-defense, and yet it was returned to the owner when the officers/detective finished taking down the police report, taking pictures, and recorded the S/N. And I have heard of other cases in which ALL of the shooters' firearms were confiscated, for a long period of time...

Even if the case is clear-cut, and it is not likely that charges will be filed against the shooter, I would expect that the subject firearm would be taken as evidence for a few weeks, or longer, possibly until the criminal case against the person it was used upon was underway.

[James Yeager]

Your gun WILL be confiscated. If you go through the process unscathed you will get it back eventually. That is another reason to have the exact same holster/gun set-up tucked away in your safe. Having some mad family looking for you after you shot their "baby boy" isn't a good time to go around unarmed.

[Guest GlocKingTN]

So can I Tungsten!

[Guest jackdog]

yep: they will take your gun, they will also in all likely hood hand cuff you and take you to jail, until the sort out just what happened. You may have to bond out of jail, and yes by allmeans have a back up rig available while you wait the wait.

Jackdog

[towerclimber37]

Dang...so they arrest the gun wielder as well?

I read a blog called "the lawdog files" about a texas LEO..and when a detective rules it self defense, they take the gun, give you a hand receipt and when the grand jury looks the case over, they return the firearm.

[Guest db99wj]

IIRC, the last few "justified" shootings in Memphis, they went home that day. Whether they gave back the gun that day, I don't know. If a law abiding citizen is involved in a shooting, whether away from their home and a permit carrier or at their home and may or may not be a permit carrier, they will not put you in the jail here. If they did, you would need that gun more than ever!

This is Memphis, the jails are overcrowded and are extremely dangerous.

[Guest GlocKingTN]

I spoke to a LEO buddy of mine last night about this! He said it would be taken until the situation is resolved in some manner. Basically, making sure it was self defense!

[Guest Voodoo_1]

I was told in my CW classes that if you used your weapon in self defense expect and do the following:

1) when the threat is stopped, call the police immediately

2) upon the police arriving, have your weapon laying on top of your car with

your hands behind your head.

3) the LEO will most likely draw his weapon on you and give you instructions

so that he can place you in cuffs.

4) you will be read your miranda rights and taken to jail.

5) you will have to bond out.

6) you will need to hire a GOOD defense lawyer to represent you.

After being told this, I have to say I thought twice about not going through with getting a CW permit. This scared the crap out of me knowing about the Memphis jail system. A friend of mine told me that you are actually charged with homicide until the DA rules it as justified. If anyone could let me know if all this is true or false, please post. Thanks

[Guest Phantom6]

I was told in my CW classes that if you used your weapon in self defense expect and do the following:

1) when the threat is stopped, call the police immediately

2) upon the police arriving, have your weapon laying on top of your car with

your hands behind your head.

3) the LEO will most likely draw his weapon on you and give you instructions

so that he can place you in cuffs.

4) you will be read your miranda rights and taken to jail.

5) you will have to bond out.

6) you will need to hire a GOOD defense lawyer to represent you.

After being told this, I have to say I thought twice about not going through with getting a CW permit. This scared the crap out of me knowing about the Memphis jail system. A friend of mine told me that you are actually charged with homicide until the DA rules it as justified. If anyone could let me know if all this is true or false, please post. Thanks

As an instructor the following is what I advise my students regarding the points in your post:

1) If at all possible call the police before you must shoot and leave the line open so the whole thing will be recorded by the digital recording system in the dispatcher's booth.

2)Do NOT approach your aggressor but keep your target covered until the police arrive. Upon arrival, lay your weapon on the ground, step well away from it and keep your hands up, in clear sight and comply immediately with the officer's instructions.

3)True

4)Circumstances will dictate but this is the most likely scenario. It all depends upon witnesses, the investigating officer and agency procedure.

5)Likely but not firm

6)As a permit holder you should already have the number of a defense atty. that specializes in violent confrontations. Ask your family atty. who they would call in the event that they had to kill an aggressor in an unprovoked attack. This would be the first of several "Legal Eagles" I would interview next week. Don't wait until you need an atty. to choose one. You'll be behind the curve at that point.

A few other points you should be aware of-

a.)Wolves often travel in packs and so do bad guys. Be aware of what and who is in close proximity to you.

b.)Perception is reality. Enlist the aid of witnesses in traffic and crowd control if you are in the open. Let them know that you are the good guy and your aggressor is or was the bad guy and though you may already have 911 operator on the line ask them to call the police. These folks will make good positive witnesses for you.

c.)The ONLY things that you say to the police are as follows:

i.)"I was in fear of my life!" (This must be present for a justifiable shoot)

ii)"I want my attorney now!" (You have invoked your rights under Miranda)

iii)"I don't feel well. I want to go to the hospital." (You effectively become property of the medical community and the pressure is removed somewhat. Also, upon arrival your blood will be drawn and you can then prove that you were not under the effects of drugs or alcohol <providing that you are not. If you were, you got a problem>)

Come over and take my NRA Personal Protection Outside the Home class as we go over this type of material in depth as a part of this course. One of my recent students told me that if you have is a carry permit but have not taken this new NRA defensive pistol course then "you are just on training wheels" and I have to say that I agree. If you can't get to E. TN look around your area. There aren't many instructors in the country certified in the course yet due ti the requirements but perhaps you can find one there. If not, give me a call, PM or email.

[Guest Voodoo_1]

Thanks for the great info, Phantom6. Looks like my instructor wasn't very far off about what to expect. You suggested a more in depth course concearning this matter. Is the class called The NRA Personal Protection Outside The Home? Since I won't be getting over to your end of the state any time soon, I'll try and find a class locally. If you know of any local contacts, please PM me. Thanks again!

[Guest Phantom6]

Roger on that title.

Sorry, to my knowledge there are only three schools in the state with NRA instructors certified to run that course at this time. The instructor qualifications are pretty demanding. When the NRA first introduced the course to the Trainer cadre in Fairfax, VA late last year, there were a surprising number of trainers that could not make the cut due to the physically demanding exercises required. After all, if the trainer or the instructor can't do it how can we be expected to teach it to students such as yourself?

If I learn of other instructors or schools that earn certifications I'll pass them along to you.

[shaftbass]

1) Call police immediately. I'm the one who called. There is the man who attacked me. I don't know if there are anymore bad guys.

2) Tell the officer you will sign the complaint. You are the victim. You are the person who called the police.

3) Secure evidence (empty shell casings, weapons used by bad guy) - so the guy comes at you with a knife. You shoot him, he drops it, you don't secure it and some thug comes up, grabs it, and runs off. Now you've just shot an unarmed man who is doing a remarkably good job of playing the victim laying there in a pool of blood. Don't let shell casings blow across the road into a storm sewer. Don't necessarially grab it but make sure it's not going anywhere.

4) Point out witnesses. Don't let witnesses who could testify on your behalf get away.. they could be instrumental in proving it was a self-defense shooting should your case go to trial.

5) Tell the police you will give full cooperation in 24 hours after you have spoken with your lawyer.

Name, rank, and serial number.

Some of this goes back to this thread: http://www.tngunowners.com/forums/showthread.php?t=200

[Guest DEIMOS]

I would say nothing.

" anything you say can and will be used against you in a court of law."

Outside of that, "I want my lawer." nothing else.

[Marswolf]

You have to be very careful in "securing" evidence. Try to not let it get away, but don't touch it or let anyone else do so if at all possible. Those shell casings or knife indicates where you and the BG were. Moving them may be tampering with evidence.

It is a good idea to learn how to not give your rights away in these situations. If you admit to something, you just gave away your 5th Amendment rights. For example, don't tell investigators that you couldn't really tell if the BG had a weapon or not. You were in fear of your life and want an attorney before answering any other questions. Don't let them intimidate you. The investigator may be best friends with John Kerry.

I recommend watching a video about protecting your rights. It's put out by the Flex Your Rights Foundation (read ACLU) and is primarily about how to not get busted for drug possession, but there are other valuable lessons in the video too. Well worth the 45 minutes of watching time. The Foundation will gladly sell you a copy, but you can watch it for free at

. The police will play games with you and you need to know how to protect yourself. This video is a good start.