Post -Incident, is your Carry Pistol Forfeit?

[GardoneVT]

I’m looking for no-BS answers on this topic; generally speaking ( there’s always exceptions) after a UOF incident is the personal firearm(s) used forfeit to the state evidence department once the case is concluded? Or is there a reasonable expectation to get the piece back once all the litigation is done years later?

Coming from where I grew up using a gun defensively in Chicago meant the weapon was headed for a city funded scrap pile. Hopefully this is not the status quo elsewhere.

Edit- for this question I’m excluding issued firearms or UOF incidents by uniformed personnel.

[UNM1136]

I’m looking for no-BS answers on this topic; generally speaking ( there’s always exceptions) after a UOF incident is the personal firearm(s) used forfeit to the state evidence department once the case is concluded? Or is there a reasonable expectation to get the piece back once all the litigation is done years later?

Coming from where I grew up using a gun defensively in Chicago meant the weapon was headed for a city funded scrap pile. Hopefully this is not the status quo elsewhere.

Edit- for this question I’m excluding issued firearms or UOF incidents by uniformed personnel.

Depends on who is investigating you. Based on policies and procedures our last OIS had the guns returned before the officers names were released to the press. And sliding glassed doors were smashed in the home.... New OISes have State Police investigating the incident....transparency and lack of bias and all....

My plan is to assume as soon as I am acquited to have my attorney immediately demand that my personal property be returned...that may or may not happen. Plan to lose your shit...try to keep it...take what you can get. Different rules in different areas will affect this.

Sorry that my answer does not help you....

pat

[Clusterfrack]

The two people I know of who shot assailants had their guns returned, after several months, when no charges were filed against them.

[eb07]

My experience:

South Florida early 90's. Mine was taken and held for 44 days and I received a mail notice that I could go pick it up. Went in to address on letter in the city, went to a window showed ID, signed for it in a nice cardboard evidence box. Left. Still have it in my safe to this day.

Arizona... thankfully I haven't had to exercise that option in 25 years here. However had an friend that did around 2002-2003 in metro Phoenix area. He got his back in under 3 weeks. Same thing for him but his was at a County location on lower buckeye.

[Jeep]

I agree. It depends entirely where you are. Constitutionally, it should remain your property. The law of deodands is a relic of medieval England, and has no application here. Nor should the "custom" of the keepers of some evidence rooms that they should be allowed to distribute property to their friends after the case is resolved. That being said; hiring a $300 per hour attorney to get back a $600 carry piece is probably not going to be an effective financial choice if they refuse to hand it back to you.

[HCM]

The firearm is your property. How long it will be held in evidence will vary by agency/jurisdiction but it can only legally be forefeited if you illegally possessed it at the time of the shooting or you are convicted of a crime in relation to the shooting.

The only other possible outcome is if it takes a long time (years) and they are unable to contact you when time comes to return it. If you don’t claim it after a certain period of time it gets treated as abandoned property. They would normally call and or send a letter to whatever address and phone number or an agency records.. If that letter was returned they would likely query the state DMV database and make a second attempt based on whatever is on file there. That would likely be the extent of attempts to contact you.

I have seen everything from a couple of weeks to a year and a half in officer involved shootings depending on who is investigating.

[BehindBlueI's]

I’m looking for no-BS answers on this topic; generally speaking ( there’s always exceptions) after a UOF incident is the personal firearm(s) used forfeit to the state evidence department once the case is concluded?

That strikes me as unconstitutional deprivation of property.

Here you will get your weapon back once it's been through the lab testing and there's no reason to hold it as evidence for court. It can be weeks, months, or years. Months is the norm, though.

[Cookie Monster]

I am figuring it is just gone.

I'll pull an identical one from the safe and carry on. I have the same plan for the home defense rifle.

Less things to be concerned about, thinking as a person who has never been in a fist fight (sheltered life or maybe a smart one) I'll have enough to deal with after I shot one to XX number of folks trying to hurt me or my family.

I carry a pretty stock Glock, although I'd like to think I would have the same attitude with a Wilson Combat or whatever.

[BehindBlueI's]

I am figuring it is just gone.

I'll pull an identical one from the safe and carry on. I have the same plan for the home defense rifle.

Less things to be concerned about, thinking as a person who has never been in a fist fight (sheltered life or maybe a smart one) I'll have enough to deal with after I shot one to XX number of folks trying to hurt me or my family.

I carry a pretty stock Glock, although I'd like to think I would have the same attitude with a Wilson Combat or whatever.

Some people don't want them back. Others can't wait to have them back. Same with suicide guns. Some survivors want them and will call daily asking if it's been released yet, others want nothing to do with the weapon.

[Drang]

I’m looking for no-BS answers on this topic; generally speaking ( there’s always exceptions) after a UOF incident is the personal firearm(s) used forfeit to the state evidence department once the case is concluded? Or is there a reasonable expectation to get the piece back once all the litigation is done years later?

Too many variables.
I'd offer up a number, but it would mean counting how many states, counties, and municipalities could potentially be handling the case. We all know there are some places that it doesn't matter how "righteous the shoot", as the TeeVee cops say, you'll have to go back to court to get your gear back. I am aware of one case locally (Tacoma, IIRC) where just that happened, and when the woman did finally get her pistol back it was in pieces. The claim was that the investigation "required" it to be disassembled, and that they had no obligation to reassemble it afterward...

Ideally, of course, you would not only be exonerated but also be honored with a parade down main street and presented with the keys to the city, but we all know that's not likely to happen.

[HCM]

Some people don't want them back. Others can't wait to have them back. Same with suicide guns. Some survivors want them and will call daily asking if it's been released yet, others want nothing to do with the weapon.

On a side note, there is apparently an niche collector market for "blood guns" - guns documented as having been used in shootings, particularly fatal shootings.

[Trooper224]

If the gun is legally possessed at the time of the incident and its use is deemed justifiable, you are entitled to have your property returned. There are no variables or debates involved under the law. The variables are introduced by agency shenanigans. A case may drag on for years, but that's the process and can't be helped. However, some agencies are very reluctant to willingly return firearms to their owners, usually due to departmental culture. The Metro PD here is one of those. The department has always been quite antigun as an agency. I've known people who've used their guns legally and justifiably and even after the case is closed the department continues to drag their feet. Several individuals have had to file legal action to have their property returned.

Under the law, if it's legally possessed and legally used, you have the right to have it returned.

[0ddl0t]

I know of two local civilians who had good shoots. The first, in the county many years ago, never even had the gun taken (shotgun used in home defense, perp fled but was later arrested at the hospital). In the second, which happened more recently inside city limits, the police cleared the shooter right away but it still took 10 months for the DA to clear him and give his gun back (pistol used against car jacker, perp died on the spot). Both city & county are 2A friendly though the county is a bit more so.

I have heard of cases in less friendly jurisdictions where it took years & a lawsuit to have the gun returned.

[Erick Gelhaus]

Far more likely than not, it will be taken as evidence. You should be able to get it back once the investigation and prosecutorial review has been completed.

[Cookie Monster]

Some people don't want them back. Others can't wait to have them back. Same with suicide guns. Some survivors want them and will call daily asking if it's been released yet, others want nothing to do with the weapon.

I feel like I am tripping thinking about someone who unsuccessful in shooting themselves dead and then calls everyday to get the gun back.

More crazy then an octopus trying to eat an eagle.

[Duelist]

I feel like I am tripping thinking about someone who unsuccessful in shooting themselves dead and then calls everyday to get the gun back.

More crazy then an octopus trying to eat an eagle.

“Survivors” might mean a person or persons who is or are surviving heirs of the suicide. In other words, they inherit the person’s property, including the firearm they used to decease themselves.

[RevolverRob]

In my father's UOF incident, the firearm was taken as evidence. It was not released and his concealed handgun license was not reinstated until the conclusion of the case against him. It took about 8-months, before the case was resolved...The 8-month time period was because the DA's Office had requested a continuance three times, before the judge rendered a not guilty verdict in a bench trial (at the request of my father's attorney, because apparently a not guilty verdict results in faster reinstatement of a concealed handgun license over a dismissal).

Moral of the story - it could be five minutes if the DA declines to press charges, could be months or years if you have to go to trial for the case. If you live in a large urban area it's probably more likely to be longer than shorter. That said, the few self-defense shootings I've seen reported here in Chicago have been handled quickly. I think the first one that happened ~2014, the shooter had a legal permit, he fired three shots and hit and injured an attacker. Apparently the cops got there, found the guy had a valid concealed weapons permit, and sent him on his way with his gun. I've not yet seen a case where the Cook County DA has attempted to prosecute someone in a clear cut defensive shooting.

Since carrying a firearm without a license in Illinois is only a Class A Misdemeanor, it seems unlikely that the DA will prosecute good defensive shootings, even if you're not carrying the weapon legally (I mean don't bet on it IANAL, but you get the idea, Cook County DA has a lot of felonies to prosecute...). Presumably, if you were illegally carrying a firearm and used it for lawful self-defense, you would have to forfeit the firearm if charged and convicted of possession of an illegal weapon.

[JRB]

On a side note, there is apparently an niche collector market for "blood guns" - guns documented as having been used in shootings, particularly fatal shootings.

"I figure people have a right to their hobbies, and I have a right to find those people creepy." - Raylan Givens

[BehindBlueI's]

I feel like I am tripping thinking about someone who unsuccessful in shooting themselves dead and then calls everyday to get the gun back.

More crazy then an octopus trying to eat an eagle.


“Survivors” might mean a person or persons who is or are surviving heirs of the suicide. In other words, they inherit the person’s property, including the firearm they used to decease themselves.

Yeah, sorry, I meant in the surviving heirs sense.

[Seven_Sicks_Two]

On a side note, there is apparently an niche collector market for "blood guns" - guns documented as having been used in shootings, particularly fatal shootings.

I used to have a Glock 21 that was used in a suicide. At the time, I was working at gun shop/range and I had rented the gun to a guy that used it to shoot himself on Lane 7. When we eventually got it back from the Sheriff's Department, many of my co-workers weren't comfortable renting the gun out again. The owner of the shop offered it to any employee that wanted to buy it. I paid either $125 or $150 for it (it's been a few years and that detail is a bit fuzzy). It was a deal too good to pass up.

I eventually sold it to a buddy (with full disclosure). As far as I know, he still has it.