For LEO'S in home defence shooting, do they take the gun or all your guns?

[JB357Mag]

A question for Law Enforcement Officers:

If you have a self defense shooting inside your home
are all guns removed or just the one used.

Also in what circumstances would either choice be made??

Thank Jimmy

 

[SMiller]

Just weapon used, not LEO though but have done my homework, this would be a "normal" self defense shooting...

 

[92ThoStro]

You would just let them rummage through your entire house looking for stuff?

No.

 

[LCSOSgt11]

I should think that the weapon used in the incident would be taken initially for ballistic examination, however, it should be returned to you at some point afterward if determined that the incident was justified.

 

[Frank_N_Stein]

You would just let them rummage through your entire house looking for stuff?

No.

Yeah, because thats how we roll.

 

[Frank_N_Stein]

A question for Law Enforcement Officers:

If you have a self defense shooting inside your home
are all guns removed or just the one used.

Also in what circumstances would either choice be made??

Thank Jimmy

I asked an IMPD detective sergeant and he said only the gun used would be taken but would be returned as soon as possible.

 

[Donnelly]

Yeah, because thats how we roll.

Some do, most don't.

 

[g00n24]

so what if the gun that was used isn't crystal clear when they are conducting the investigation?....

Let's say there were multiple bad guys and one or two were armed with different weapons. They fire, you fire, you win and the guys with guns run off and leave their ventilated buddy behind...Now there are casings from multiple calibers lying around...You give the LEOs the 9mm you shot with but they don't know for sure where the other casings came from and obviously wouldn't be able to tell what the dead guy was shot with until an autopsy.

Would they then look for and take any firearms you have in those calibers in your home?

 

[HmDBrian]

so what if the gun that was used isn't crystal clear when they are conducting the investigation?....

Let's say there were multiple bad guys and one or two were armed with different weapons. They fire, you fire, you win and the guys with guns run off and leave their ventilated buddy behind...Now there are casings from multiple calibers lying around...You give the LEOs the 9mm you shot with but they don't know for sure where the other casings came from and obviously wouldn't be able to tell what the dead guy was shot with until an autopsy.

Would they then look for and take any firearms you have in those calibers in your home?

Man, thats a lot of ifs. I would think still only the firearm you say you used.

 

[Kirk Freeman]

Have had it both ways.

The police have always had a warrant to take everything else.

 

[Aaron1776]

Have had it both ways.

The police have always had a warrant to take everything else.

That disgusts me. In what world are they justified in taking the guns that were in your locked safe during the fight? What happens when the criminal's gang banger buddies decide they want revenge for popping Chino's little brother? Are you to be left defenseless?

Even taking the gun you used from you seems like an uneccessary punishment. (yes I know it's for "verification".....but seriously what verification is needed when it's an obvious home invasion or self defense shooting? Who honestly cares what gun you shot him with?)

 

[BehindBlueI's]

That disgusts me. In what world are they justified in taking the guns that were in your locked safe during the fight? What happens when the criminal's gang banger buddies decide they want revenge for popping Chino's little brother? Are you to be left defenseless?

Even taking the gun you used from you seems like an uneccessary punishment. (yes I know it's for "verification".....but seriously what verification is needed when it's an obvious home invasion or self defense shooting? Who honestly cares what gun you shot him with?)

You're making a lot of assumptions. Not every "self defense" shooting is obvious or turns out to be self defense. You may or may not be surprised to learn that quite a few of them, at least in Indy, are over dope or turf wars. In fact, its quite amazing how many home invasions are reported an hour or so after the fact and the place smells of weed, and while there's no bread in the house there's hundreds of plastic baggies...

Like Kirk said, if we're taking more guns we're getting a warrant, and warrants have to have a basis to be issued.

Now, as a rule, we take only the gun that was used in the crime. (note to the folks that tell people to provide no statement, if you don't, how do we know which gun was used?) People lie. They lie about who shot them. They lie about where they were when they were shot. Its a lousy investigator who just takes your word for it and ignores a key piece of physical evidence.

 

[LtScott14]

Remember this. Any weapon used in a crime, most likely, will be held in evidence till the outcome of a trial, or hearing, or ? The "will be returned" statement doesn't mention a court order for the same, or an attorneys legal return pending outcome.
Have heard of a couple of returns with a minimum of 2-3 yrs, also heard of some never returned. Better off to buy a shotgun from WalMart, than wait for your impounded firearm to come home. (or have one cached someplace out of sight)
Get a barking dog, to advise you that the "homeys" are walking around your property.
Good luck.

 

[Kirk Freeman]

Better off to buy a shotgun from WalMart, than wait for your impounded firearm to come home

Weellllll, unless charges are filed.

In what world are they justified in taking the guns that were in your locked safe during the fight?

Just because you claim self-defense and it happened on MEYE property, does not mean that the po-po will believe you. The jury might but just because you say it does not mean others will go along.

http://www.jconline.com/article/201...r-shooting-stand-your-ground-law-self-defense

 

[stephen87]

so what if the gun that was used isn't crystal clear when they are conducting the investigation?....

Let's say there were multiple bad guys and one or two were armed with different weapons. They fire, you fire, you win and the guys with guns run off and leave their ventilated buddy behind...Now there are casings from multiple calibers lying around...You give the LEOs the 9mm you shot with but they don't know for sure where the other casings came from and obviously wouldn't be able to tell what the dead guy was shot with until an autopsy.

Would they then look for and take any firearms you have in those calibers in your home?

So let's take that a bit farther, I fire approximately a full magazine because of multiple bad guys and they fire a lot of shots too, all in the same caliber, 9mm. Do you think they should take all my firearms chambered in 9mm?

 

[BehindBlueI's]

So let's take that a bit farther, I fire approximately a full magazine because of multiple bad guys and they fire a lot of shots too, all in the same caliber, 9mm. Do you think they should take all my firearms chambered in 9mm?

If everything seems on the up and up and there are no other circumstances, I'll just take the one that's been used in the shooting. Multiple shots, absent other circumstances, doesn't matter that much.

A simple answer to a simple question, but real investigations are often much more complex and there is no blanket answer.

 

[ModernGunner]

Like MOST answers concerning legality, laws, law enforcement, and investigations, as aptly noted, "it depends".

I think the LEO's here have duly noted that, in general, the only gun potentially being held for the investigation, absent other circumstances, is / are the one(s) used.

 

[daddymikey1975]

You would just let them rummage through your entire house looking for stuff?

No.

Well... Normally I would agree.. Unless a resident INGO member.... (See below)

Yeah, because thats how we roll.

If its frank, I would just hand them all over and see if he wants to go shooting later


Use purple if you want to.

 

[Frank_N_Stein]

Well... Normally I would agree.. Unless a resident INGO member.... (See below)



If its frank, I would just hand them all over and see if he wants to go shooting later


Use purple if you want to.

I'm always up for shooting. I get bored with my run-of-the-mill guns so it is interesting to see what other people have.*

*Not that I would raid someone's safe after a self-defense shooting to do it.

 

[CathyInBlue]

And what if the home owner/self-defense shooter was a bully in high school and one of his victims was the cop who responded to his 911 call? If the cop just didn't like the home owner or wanted to be a prick about it, what, if anything, would stop the cop from backing a tow truck up to his victim's gun safe and carting the innocent home owner's entire gun collection off to the evidence locker?