Quote:
Originally Posted by Mr_Draco
This is something that should be stressed.
I seen a couple posts on here and I have had people brag to me about this real nice gun that they spent a lot on for CC and for home defense. But around here, if that gun is used to shoot someone, doesn't matter if you killed them or not, was self defense or was used in protecting your home, that gun is gone. It will be seized by the police and will be sent off to be destroyed. I don't get the mentality of spending $500-$600 for a CC gun or $1,000 for a home defense gun.
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Depending on jurisdiction, you can get your gun back. You will need proof you were the owner. Simply having it on you when seized is not enough. After it is all said and done, and you were declared to be acting in self defense (as in the PA or DA is not filing any charges on you), there is no longer a need for your weapon to be held in property and evidence. It will most likely take a call or letter from a lawyer to the PA/DA or the police dept. to get the ball rolling to get it back. Obviously, it will cost you some money for a lawyer but as stated in the article, you will need one anyway.
On a personal note, I shot someone on duty in April 2011. In July of 2011, it was ruled self defense and was not going to be presented to the Grand Jury. Our sidearms are personally owned. Mine was obviously taken the day of the incident and sent off to the lab for tests, etc. The dept. gives loaners out in the meantime.
About two weeks ago, I realized I still didn't have my own gun back (a gen 4 glock 22). After some emails and phone calls, I got the ball rolling to get mine and my partner's guns back. It turned out to be simply an error that no one in the investigative bureau sent off the paperwork to have them returned. Who knows how long it would have taken if I hadn't gotten the ball rolling.