Page 1 2
Go | New | Find | Notify | Tools | Reply | |
Member |
If you engage in a deadly force situation, most likely your weapon is going to be taken and placed in evidence until the case is adjudicated and the judge signs the order to release the property. Every jurisdiction is different. Rules of Evidence are different as well. DO NOT hound the investigators or the DA's office because you want your weapon back. This thread is a result of an argument with a Law Shield rep, not an attorney, who was instructing students at a LTC course the police will release the weapon back to you. No we won't. ______________________________ Men who carry guns for a living do not seek reward outside of the guild. The most cherished gift is a nod from his peers. | ||
|
| As Extraordinary as Everyone Else  |
Sounds pretty obvious to me... ------------------ Eddie Our Founding Fathers were men who understood that the right thing is not necessarily the written thing. -kkina | |||
|
| Member |
Does your jurisdiction require a court order even if no charges are filed? | |||
|
| His diet consists of black coffee, and sarcasm.  |
A good reason to have some kind of replacement gun.
By this you mean while the gun is still considered evidence? Or you'll never give it back, period, even after the case is adjudicated and no wrongdoing was found? The former is understandable, the latter is nothing but theft. | |||
|
| Member |
Yes, once a person is no-billed, the judge will sign the order simultaneously. ______________________________ Men who carry guns for a living do not seek reward outside of the guild. The most cherished gift is a nod from his peers. | |||
|
| Member |
The weapon will be released unless there's other legal reasons not to. ______________________________ Men who carry guns for a living do not seek reward outside of the guild. The most cherished gift is a nod from his peers. | |||
|
| Gracie Allen is my personal savior! |
 I see you're in DFW - how often does the gun actually get returned in Texas, regardless of any legal justification for seizing or holding the gun? | |||
|
Diversified Hobbyist |
I thought No-Billed meant that no charges are to be filed and True-Billed meant charges were to be filed. Am I missing something here? ----------------------------------- Regards, Steve The anticipation is often greater than the actual reward | |||
|
| Member |
He is saying if a person is no-billed (no charges) then the judge signs the order to return the firearm. This would be a grand jury proceeding so I'm assuming a judge would already be assigned to the case. In a non grand jury state this would be different because it would just be the prosecutor deciding whether to authorize charges or not. | |||
|
| Member |
I had one CCW instructor go so far as to claim that every gun you own would be taken if the shooting occurred in your house. I think that's BS, but who knows? | |||
|
| Member |
Of course, some states have additional requirements before returning a firearm. In California (or as JAllen would say - only in Whackyland), you have to file a Law Enforcement Gun Release application, and pay a fee (currently $20 for the first firearm, and $3 for each additional firearm. The state has 30 days to process the application unless there are delays beyond their control. From the state's DOJ web site: Law Enforcement Gun Release Application Pursuant to Penal Code section 33850, any person who claims ownership of a firearm that is in the custody or control of a court or law enforcement agency, and who wishes to have the firearm returned, is required to submit a Law Enforcement Gun Release Application. Use the Law Enforcement Gun Release Application if: . You are at least 18 years of age or older . You have either a California issued identification, driver license, military identification or out of state identification. . You are not prohibited from owning/possessing firearms . You are requesting the return of a firearm in custody or control of a court or law enforcement agency . You are the reported owner of the firearm . You acquired the firearms from an immediate family member and have submitted an Intra-Familial Firearm Transaction Report, pursuant to Penal Code sections 16720 and 27875 . You acquired the firearms as an executor or administrator of an estate and have submitted an Operation of Law Transaction Report, pursuant to Penal Code sections 16990 and 27920 . You acquired the firearms from a spouse or registered domestic partner and have submitted an Operation of Law Transaction Report, pursuant to Penal Code 27920 . The firearm is not an assault weapon as defined in Penal Code sections 30210 through 30530 | |||
|
Bolt Thrower |
You have to pay to get your own property back? | |||
|
| Member |
It's not YOUR property, it's a deadly weapon that the government of California allows you to have under limited circumstances  Hopefully it's obvious that I'm being sarcastic. | |||
|
Member |
In Florida you will lose your gun till the case is over. This even if you us it to save a police officer who is being attacked. This just happened in Florida late last year or early this year. I know someone who almost lost a firearm after a case was done. He waited for someone to call to tell when he could pick it up. When he did not get any calls he called them and was a week away from them destroying it. This was about 10 years ago so things may have changed. The Second Amendment to the United States Constitution. A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. As ratified by the States and authenticated by Thomas Jefferson, Secretary of State NRA Life Member | |||
|
| Member |
Things must have changed in the last 20 years. About 20 years ago, a friend was at his cabin near Sonora with some friends (and friends of friends). One of the friends of a friend managed to shoot himself in the thigh with my friends Colt Mustang .380(his grandfather gave it to him). Anyway, they had to bring the guy to the hospital in Sonora for treatment, Tuolumne County Sheriff was called. The .380 was held until investigation was complete (this happened on a Saturday, he had to go back to the Bay Area on Sunday). He got a call a few weeks later from Tuolumne County that investigation was complete(accidental shooting, witness statements corroborate the evidence, guy was a dumbass, etc.), and he could pick up his gun. He said that he couldn't get up to his cabin (Sonora) for a while, so TCSO offered to send it to him for the cost of postage, and he could pick it up at Hayward PD. Few days later he gets a call from Hayward PD, goes down to pick up his Colt walks up to the desk Sergeant, says that he got a phone call to pick up his gun, desk Sgt. asks his name, then just hands the box to him, says "here you are, have a nice day". I guess things are different now. | |||
|
A Grateful American |
If one is into assumptions, assume that everycase in everystate for everyone will be unique and different than any other.. Then, assume yours will be even more unique than that, and prepare with that in mind. In other words, if you find yourself in the position of having used deadly force with a firearm, have another firearm, and if nothing in your case prevents you form possesing it, in the (paraphrased) words of WWII British Ministry of Information, "Keep Calm and Strap it On". Because no matter how it happened to anyone one else, it is likly gonna be a new ballgame for you. "the meaning of life, is to give life meaning" ✡ Ani Yehudi אני יהודי Le'olam lo shuv לעולם לא שוב! | |||
|
| Member |
This is the main reason I would never carry a high $$$ 1911.It would be bad enough to donate a Sig. End of Earth: 2 Miles Upper Peninsula: 4 Miles | |||
|
| Member |
I agree - never carry anything of sentimental value - view it as a tool of protection. The need to file paperwork for return of a firearm was added a few years ago. Even though a court case says you are clear, DOJ requires that THEY say you're clear before the firearm is returned. Also, as noted above - keep track of the case! There have been situations where agencies have filed requests with courts to destroy very expensive firearms! | |||
|
| 10mm is The Boom of Doom  |
Will you take good care of My Precious? Will you talk to her sweetly? Will you clean and oil her regularly? May I visit her occasionally? She gets lonely. So do I. God Bless and Protect the Once and Future President, Donald John Trump. | |||
|
| Member |
Are you guys telling me I might need to own more than one gun? I better get out and buy a second one so I'm not without.... | |||
|
| Powered by Social Strata | Page 1 2 |
 | Please Wait. Your request is being processed... |
|
© SIGforum 2024