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Discussion Starter #1
Ok , so my friend got his gun taking away ( I know my title is misleading :lol: ) from the LEO's after a shooting took place at his home . Long story short someone came in to robb his home and had a gun . Owner (friend) came home early and saw this guy in his room and saw he had a gun and shot him.The detectives told him he needed to give up his gun for evidence .He said fine , but 1 year later still no luck getting it back. He had a very nice Kimber 1911 paid $$$$$ for it .

So after thinking about this do you carry a cheaper gun for this reason and keep your most expensive guns in the safe for show in tale or do you carry what ever and think you will be able to keep it?

Me I went out and bought a cheaper gun (name brand that I trust) and carry it everywhere now after hearing about this.


Just so everyone knows there was no charges against my friend , nor pending as it was self defense call . And the bad guy did live but has health issues now , and isn't trying to sue my friend .
 

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Re: LEO took my GUN!

Getting your firearm back when the they want to keep it can be difficult to next to impossible. Just ask MP. Personally, I carry what I am comfortable defending myself with. That being said, I practice with most of what I own, so I'm comfortable with most of them, and unless I'm completely unarmed, I feel alright, even if all I have is my Taurus TCP.
 

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Re: LEO took my GUN!

ookoshi said:
Getting your firearm back when the they want to keep it can be difficult to next to impossible. Just ask MP. Personally, I carry what I am comfortable defending myself with. That being said, I practice with most of what I own, so I'm comfortable with most of them, and unless I'm completely unarmed, I feel alright, even if all I have is my Taurus TCP.
I guess on the bright side , if I protected myself and others around me at that time and did so by using my firearm and lost it to the LEO's . There isn't a price tag on a life so $$$$ lost is better then a lost human being.So in other words the gun at that time did it's job now it's time to say goodbye. :wink:
 

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Re: LEO took my GUN!

I think the value of your gun is the least of your worries after this type of situation. Carry what you train the most with. If you are unfortunate enough to have to shoot someone, be glad that you are on the surviving end of it and purchase another one.

Is the burglar still in the legal process or 6' deep? If the bad guy is still awaiting trial I can see them holding it in case it is needed in the legal process.
 

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Re: LEO took my GUN!

"Sheriff O" would've probably offered him another gun. Good man right there!
 

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Re: LEO took my GUN!

Ive thought about that myself.
As for any civil action against him
Article 1 of Chapter 11 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to defense to tort actions, is amended by striking in its entirety Code Section 51-11-9, relating to immunity from civil liability for threat or use of force in defense of a habitation, and inserting in lieu thereof the following:
"51-11-9.
A person who is justified in threatening or using force against another under the provisions of Code Section 16-3-21, relating to the use of force in defense of self or others, Code Section 16-3-23, relating to the use of force in defense of a habitation, or Code Section 16-3-24, relating to the use of force in defense of property other than a habitation, has no duty to retreat from the use of such force and shall not be held liable to the person against whom the use of force was justified or to any person acting as an accomplice or assistant to such person in any civil action brought as a result of the threat or use of such force."
 

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Discussion Starter #8
Re: LEO took my GUN!

CoffeeMate said:
Tech5 said:
The detectives told him he needed to give up his gun for evidence .
Evidence of what?
They have to send it out to the GBI lab from what he was told . I guess to make sure the gun is legit and that was the gun that hurt/killed that person maybe?

But the bad guy is still alive and just can't walk, and the case was over after few months after it happen .My friend is also allowed to own firearms still so that isn't the issue either, so maybe they're just keeping it ,Or a sheriff /detective or what ever kept the gun for themselves .
 

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Re: LEO took my GUN!

Tech5 said:
I guess to make sure the gun is legit...
As in a five minute radio call to run the numbers?

Tech5 said:
...and that was the gun that hurt/killed that person maybe?
Was that in dispute?

Tech5 said:
...so maybe they just keeping ,Or a sheriff /detective or what ever kept the gun for themselves .
Sounds like it.
 

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Re: LEO took my GUN!

I agree with the above comments. A gun is small price to pay for protecting those that you love and cherish. That being said, own a few extras and STFU :cantsay: when they want the firearm used and make sure the others are secure! Hope he gets it back because he obviously knows how to use it! :righton:
 

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Re: LEO took my GUN!

A Kimber? I'd be bugging the crap out of the police department on a daily basis at this point, if not getting a lawyer. Heck, I would probably be going to the police station to file theft charges ON the police department if it has been this long.

Honestly though, if he isn't getting an answer I would get the media involved in this. Local paper, television station, radio station, and everyone else you could think of.
 

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Re: LEO took my GUN!

Not enough facts to even speculate, much less to imply theft on the LEO's...
1) was the bandit shot and killed, or shot and wounded, and charged...if so, he will get the gun back AFTER the case is disposed of....if there is a jury trial, the gun will then go into evidence in the Clerk's office, where it can be returned AFTER the appeals are exhausted.
2) If the bad guy is dead, is the DA going to present it to a Grand Jury??
3) What contact has the shooter had with the LEO's and DA;s Office??

It is more than runnin' numbers....there will be a scientific relationship between any fired cartridge cases or recovered bullets and ammunition established by a crime lab. THAT may take months and months. (it CAN be done very quickly, but with funding cuts to the labs and closing labs across the state, forget it) The shooter SAYING it is the gun isn't worth squat in a courtroom...

I can go on and on.....but there is a LOT to know before conclusions are made
 

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Re: LEO took my GUN!

Nothing helps. If LEO, local, city, county, GBI, ATF, whatever want to keep your gun, they are keeping it and there is nothing you can do to get it back.

Just look at what happened to the President of GCO who is an ATTORNEY!

I think once its used like that, none of the LEO can buy it from any sort of auction or anything, like in a confiscation. It has to stay in their possession. I guess I could see them wanting to keep it if they could take it to their own police range and use it, but I will never understand them keeping it when they can't even shoot it.

However, I have heard of certain programs where if a firearm is simply confiscated without a law actually broken or involved in a shooting and a certain amount of time passes, the LEO can buy the gun for a highly discounted rate. One I heard of in TN was $150.

A LEO could really rack up some nice weapons for $150 a piece. I don't know if this is true or not. Just something I was told.
 

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Re: LEO took my GUN!

Tech5 said:
I guess on the bright side , if I protected myself and others around me at that time and did so by using my firearm and lost it to the LEO's . There isn't a price tag on a life so $$$$ lost is better then a lost human being.So in other words the gun at that time did it's job now it's time to say goodbye. :wink:
Or another way to look at it...The good guy shot the bad guy and prevented a robbery, only to be robbed after all.
 

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Re: LEO took my GUN!

SheriffOconee said:
Not enough facts to even speculate, much less to imply theft on the LEO's...
1) was the bandit shot and killed, or shot and wounded, and charged...if so, he will get the gun back AFTER the case is disposed of....if there is a jury trial, the gun will then go into evidence in the Clerk's office, where it can be returned AFTER the appeals are exhausted.

Tech5 said:
Just so everyone knows there was no charges against my friend , nor pending as it was self defense call . And the bad guy did live but has health issues now , and isn't trying to sue my friend .
2) If the bad guy is dead, is the DA going to present it to a Grand Jury?? See above.
3) What contact has the shooter had with the LEO's and DA;s Office??
Just relaying what's been answered in this thread.
 

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Re: LEO took my GUN!

Couple things to remember.

1) even though it may be a clear cut self defense shooting the gun is needed for evidence. It is taken and fired and ballistics matched, etc. This is for later down the road (trial, etc) all bases are covered. It sucks, but that is the way it is. Not sure about GA, but here in my state even if an officer fires and wounds/kills someone the gun is taken.

2) trials take a long time. Especially if the suspect takes it to trial. If they plead out it won't be as long.If they take it to trail it could take forever. He will get it back eventually.

I carry my gun everywhere. I do have a back up gun that is similar to what I carry in the event that I have to use mine and it is taken as evidence. It's reliable, but not all the bells and whistles that I want. But it will work until I can buy a new one or get my other back.

One is none, two is one.
 

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Re: LEO took my GUN!

are there charges pending against the guy that got shot????????????????????????
IF the answer to THAT was in the thread, I missed it????
 

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Re: LEO took my GUN!

EJR914 said:
Nothing helps. If LEO, local, city, county, GBI, ATF, whatever want to keep your gun, they are keeping it and there is nothing you can do to get it back.

Just look at what happened to the President of GCO who is an ATTORNEY!

I think once its used like that, none of the LEO can buy it from any sort of auction or anything, like in a confiscation. It has to stay in their possession. I guess I could see them wanting to keep it if they could take it to their own police range and use it, but I will never understand them keeping it when they can't even shoot it.

However, I have heard of certain programs where if a firearm is simply confiscated without a law actually broken or involved in a shooting and a certain amount of time passes, the LEO can buy the gun for a highly discounted rate. One I heard of in TN was $150.

A LEO could really rack up some nice weapons for $150 a piece. I don't know if this is true or not. Just something I was told.
EJ...If personal property, legally held, is used as evidence it will be returned once it is no longer needed. Research the laws regarding this for your AO and FED laws concerning this.

If I legally kill someone in self defense in my home is my house now property of the PD forever? No. And neither is legall held personal property. Should it be a PITA to get your stuff back? no, but you also have to take into account who you are dealing with. It is far easier to get your gun back from Backwood PD, USA than it is from someone like the ATF or FBI. Hell, when it comes to the FED, everything is slow as Christmas. Just an example, Uncle Sam owes me over 1200 bucks from 11 years ago....and when it comes to the particulars of the situation I was considered a subject matter expert in the area.
 

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Re: LEO took my GUN!

gruntpain1775 said:
EJ...If personal property, legally held, is used as evidence it will be returned once it is no longer needed. Research the laws regarding this for your AO and FED laws concerning this.

If I legally kill someone in self defense in my home is my house now property of the PD forever? No. And neither is legall held personal property. Should it be a PITA to get your stuff back? no, but you also have to take into account who you are dealing with. It is far easier to get your gun back from Backwood PD, USA than it is from someone like the ATF or FBI. Hell, when it comes to the FED, everything is slow as Christmas. Just an example, Uncle Sam owes me over 1200 bucks from 11 years ago....and when it comes to the particulars of the situation I was considered a subject matter expert in the area.
LOL, you've got that right. I'm fairly certain of what the law says about holding property, but I think sometimes what the laws say, and what policies are actually followed often differ quite a bit by some departments. Some are good, some are bad. It just depends which one you get.

Take that is, some do whatever the heck they want, and some do their best to follow the law as it is written. Some departments seem very anti-gun, some seem completely pro-gun.

I'm happy to think that I live under a very pro-gun department, and I'm pretty exicted about that.

I cannot imagine the difficulty in trying to get something back from a federal agency. Money or personal property.
 
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