I was talking to a friend and...

[oblivionboyj]

he said that if I must use my CCW for defense I will loose that pistol.
His sugestion was to carry a pistol that I wasn't going to mind having confiscated after a defensive shooting.
This sounds strange to me.
It seems to me that if I am an LCTF holder, and am forced to shoot an assailent, that the pistol I paid for is still mine.
I would have broken no law (this is the assumption here), so on what grounds could they take my pistol and not return it?
What is the law and presidence here?
Does this strike anybody else as a confiscation of my property without due process?
Would not confiscation without due process be a violation of my civil rights?
This has not happened to me, and I am speaking hypotheticaly.

[NineseveN]

he said that if I must use my CCW for defense I will loose that pistol.
His sugestion was to carry a pistol that I wasn't going to mind having confiscated after a defensive shooting.
This sounds strange to me.
It seems to me that if I am an LCTF holder, and am forced to shoot an assailent, that the pistol I paid for is still mine.
I would have broken no law (this is the assumption here), so on what grounds could they take my pistol and not return it?
What is the law and presidence here?
Does this strike anybody else as a confiscation of my property without due process?
Would not confiscation without due process be a violation of my civil rights?
This has not happened to me, and I am speaking hypotheticaly.

It can be seized as evidence for use in court, even if the only one being prosecuted is the person you shot (presuming you had a justifiable claim to self defense, the aggressor that was shot would have been breaking some law). And if you get charged for the act, they will seize the gun and hold it as evidence. In theory, it would be returned to you after the trial ends for the bad guy or your trial concludes (or the charges are dropped) and you are not convicted.


Still, that seems like a bad reason to carry a gun you don't like. The odds are heavily not in favor of any one of us having to actually use our firearm for self defense. It can still happen, so either keep a decent backup gun, get two of your primary carry piece or have a separate stash of cash or credit card set aside for gun emergencies with enough of a balance/limit to replace your firearm should it be seized. I have a CC with the Constitution printed on it and enough of a limit to replace my STI, mags, ammo and holster if need be.

[LorDiego01]

If you have to use your firearm in self-defense, you better believe that temporarily having it confiscated will be the least of your worries at the time.

[dc dalton]

Even without 'breaking any crime' (your words) there will still be an investigation. They can't just say "Oh good guy shoots bad guy? No problem" (even though it would be nice).

If you are found to have used the weapon within the constraints of the law you can get it back but until that is verified you can be damn sure they are going to hold it.

[oblivionboyj]

Yes I do understand that it will be relatively low on my list of things to think about then.
That is why I am asking now.
I am trying to get my questions out BEFORE I need to know answers.
I will have more questions, but until my buddy said something, it had never crossed my mind that my pistol would be confiscated if that were to happen.
So I thought this would be a great place to clerify my concerns.
I also had to consider the face that my buddy is working here, but he is a Georgia resident.
I was making sure he wasn't speaking in general terms but specific ones.
I guess another question I did not ask was if this situation happens where they take the pistol after I find the need to use it, may I carry a back up pistol until I get my primary back? Or have I lost the "privalage" to carry until my name is cleared?

[LittleRedToyota]

i have a 2nd glock 17, an extra holster, and an extra belt for this very reason.

(a 2nd copy of your carry gun also means you can dry fire without having to unload and reload your carry gun...another bonus.)

[ggig]

My thoughts are if i need to use my piece i am already being fired upon and my attys. can handle everything after that,....gg

[knight0334]

There is no doubt that any weapon you may use will be seized for evidence upon a shooting.

If you are found or ruled justified, there was no crime committed. The state/LEO's cannot keep your firearm without due process of law and compensation without misconduct or misuse of it. Its not to say they wont try to, but constitutionally and under state laws - they cant keep it if you're cleared of any wrong doing.

[38SnubFan]

Like a couple of other posters have said, it will be kept as evidence until the investigation/judicial proceedings have ended. That could take a while, too.

Also, by the time you get it back, it may be so dirty/corroded you'll probably just want to get rid of it.

Thus like other people have said: keep a cash stash or credit card to replace the gun should you need to.

Probably the reason I don't spend a fortune on a carry piece; but then again, I shop carefully and don't buy a cheap POS either just because of that concern.

[RoyJackson]

It's personal preference, of course, but I won't carry a high dollar or collectable firearm for self defense. A $500 Glock does just as well as a $1600 Wilson Combat...but it wouldn't hurt near as much if the gun was held by the courts until the trial is over. And, I really don't think the legal system would store your $1600 Wilson with as much love and care as the owner would.