Question for Mas about having my gun confiscated. [Archive] - Glock Talk

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C J
11-21-2011, 17:56
Mas, Is it possible to have my firearm confiscated by my local agency in the event of a defensive shooting in my home? I know it's probably a given, but I wasn't sure. I have read Jon Gutmacher's last two editions of Fla Gun Laws. I know that your familiar with Fla law. JG states that "if they're going to make an arrest, they probably will." I get that, but what if the dust settles and they leave? Can they tell you that they're taking your firearm with them? If so what happens next?

BailRecoveryAgent
11-21-2011, 18:47
You should post this in his GATE forum.

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Mayhem like Me
11-21-2011, 18:51
i will answer as a former florida investigator. they will take the gun and enter it into evidence till your case is presented to the grand jury .. If it is a no true bill you will get it back when the crime lab is done with ballistic testing.

collim1
11-21-2011, 19:05
Yup, Swatbana is right. They are gonna take the gun whether you like it or not.

Jon_R
11-21-2011, 19:10
i will answer as a former florida investigator. they will take the gun and enter it into evidence till your case is presented to the grand jury .. If it is a no true bill you will get it back when the crime lab is done with ballistic testing.

IMO this is correct. At the time of the incident they will gather evidence as that is what they do in case they end up needing it. They are not going to let you keep the gun and then come back to you in a few days and ask for it then to get the evidence because the investigation took a turn from what they thought initially. They might take any gun in the home that could have been used vs. take your word for it that you used the one you tell them you used. It makes sense to me though it could be pretty annoying if you have a few dozens handguns. They will want to be sure the exact gun that matches the bullet taken from the presumed bad guy but the police have to be somewhat skeptical at least initially of everyone.

When they find out a few days later that the dead guy in your living room just happen to be an old business partner that had an affair with your spouse... They will look pretty silly in court explaining how they had to come back and ask nicely for the gun / evidence they never took before and you tell them you sold it in the parking lot of a gun show face to face to someone and have no idea what the guy looked like....:embarassed:

SouthernBoyVA
11-21-2011, 20:23
This is why it is a very good idea to have backup primary carry guns either of the same make and model as your primary or something with which you have trained and are comfortable carrying for self defense. This way you will not have to go without a gun on your person should this ever happen to you.

Mas Ayoob
11-21-2011, 22:27
What these guys told ya, bro.