Home defense question

**Yoder** · February 18th, 2009, 09:38 AM

One of the guys I work with asked this question and I wasn't sure the answer. Say I shot an intruder in my home, I know the police would take the gun I used for evidence but would they confiscate all my guns?

**LM4300** · February 18th, 2009, 10:15 AM

I'd be inclined to say no, assuming you're a legal gun owner (i.e. NOT a felon, who is not to posess any firearms) because they were not used in the shooting, but you're sure to receive several other opinions.

**knight0334** · February 18th, 2009, 10:26 AM

Originally Posted by LM4300

I'd be inclined to say no, assuming you're a legal gun owner (i.e. NOT a felon, who is not to posess any firearms) because they were not used in the shooting, but you're sure to receive several other opinions.

Ask NineseveN about how police take your guns when you are the "victim", let alone when you're the subject of a shooting.

**mpett1** · February 18th, 2009, 01:28 PM

Good question!!

**ckeller** · February 18th, 2009, 06:09 PM

Originally Posted by Yoder

One of the guys I work with asked this question and I wasn't sure the answer. Say I shot an intruder in my home, I know the police would take the gun I used for evidence but would they confiscate all my guns?

I would say no. But thats just my opinion. Unless the blistic's didnt match or there wasn't any recent gun powder on you're gun. Plus they will check you for gun powder on you're hands clothes etc.

**Ten*K** · February 19th, 2009, 03:21 AM

that really is going to depend on a lot of factors, like: are the LEO's in question familiar with the laws? do they understand what the 2nd, 4th, and 5th Amendments are/mean? Are you a rich white guy or a poor minority? Are you in a "free" state/city, or are you in Philly or god-forbid... New Jersey? Are the LEO's on scene supportive of people defending themselves, or do they think like the Anti's (who believe only the Gub'ment should have guns)?

I mean, if I had the power to determine these things, and the bad guy is there with a smoking hole, and a crime victim says "I shot him... here's the gun I used", I would say "We'll need to take this gun as evidence, here's a receipt. Do you have any other means to defend yourself here? If not, you may want to call a friend or family member to stay with for the rest of the night."

But the response could be very different, depending on, but not limited to, those factors above.

You could wind up with a jackboot on your neck, your possessions searched and confiscated, and a nice long wait in a cold concrete cell while some self-serving DA decides how to best "make an example of you".

That's why it's best for YOU to know YOUR rights, how the "system" works, and don't say anything you don't absolutely have to without a lawyer present.

There's always "I'm not sure I can say anything right now, I'm just in such shock over this."

**40 cal** · February 19th, 2009, 03:37 AM

From what I know/Heard. They should only take the firearm used. Unless other factors state that you arnt mentally stable enough to have other firearms in your home. An like Ten said. Depends on the LEO's/Where you live. How it all happend ect.

**GunLawyer001** · February 19th, 2009, 04:09 AM

We'll be talking about this during Session II of the Firearms Law Workshop (here's a link: http://klinelaw.jsholsters.com/ )

But the answer is, police have sometimes seized all guns in the home after a shooting, or after someone was accused of just "brandishing" a gun, or after some neighbor reported a domestic disturbance. They have the badges, they can charge you with various crimes for resisting their whims.

Under the law, if there's a body on the ground with a .38 slug in him, and the witnesses all state that a revolver was used, then they really have no basis for seizing the rifles and shotguns as "evidence". But they can probably justify seizing all of the handguns until the autopsy (or ER surgeon) retrieves the bullet and weighs it and measures it, if there's any doubt about who fired the shot. Remember when Philly cop Faulkner was shot by that prick Mumia, the coroner guessed that it was a .44 when he looked at the wound, but when the bullet was extracted it was clearly a .38 (Mumia's acolytes never tire of claiming that the bullet in the body was a .44, but poor innocent Mumia had a .38, so it was just a coincidence that Mumia was shot by Faulkner, was lying on the ground a few feet from Faulkner with his fired .38 on him. Lesson for coroners: Don't make any guesses on the record.)

If you're arrested and indicted, then you lose some gun rights while the charges are pending. In the absence of an arrest, however, there's no rule that all your guns get taken, there's only the investigative seizure of plausible evidence relevant to the case.

I wouldn't volunteer the existence or whereabouts of any other guns. Sadly, they maintain a list of every handgun that you've purchased from an FFL, so they'll know about them. But you have no obligation to actively help them locate your shotguns and stuff them into the trunk of a cruiser. That's why we have the phrase "sorry, but I can't say anything until my lawyer gets here", because that's less awkward than staring at cops in silence and refusing to answer questions.

My guess would be that MOST cops won't try to disarm you at every opportunity, at least those outside Philadelphia. But don't volunteer any info in case you happen to meet a bad one.