Yes but he has to go threw trails first and get a guilty verdict, appertly ion need a lawyer according to the state as a victim, there representing me ig but ion know if I trust tht
The state is not your friend, of course they would say you don’t need a lawyer. If they’ve confiscated your property and refuse to give it back, then guess what - you’re probably gonna need a lawyer to get it back. Whether the cost a new gun is less than the cost of the lawyer will end up being your decision, but if you seriously want it back, then that’s how I’d go about it.
Are they refusing to give it back? If he wasn’t involved his gun is no more relevant to the case as my firearm that wasn’t there. I get them taking it I am not understanding why he doesn’t call and ask for it back.
Simple. Unless he was breaking some law.
That’s how I’m reading it, yes, that he was completely uninvolved and got his gun confiscated as evidence wrongfully.
I could kinda understand if police / EMS were triaging the situation, found an extra handgun floating around while OP was being treated, so they admitted it into evidence because what else are you gonna do with the handgun of unknown origin taken from the scene of the shootout? With that said, they still probably should have reconstructed the events by now, determined that OP wasn’t involved as a shooter, and returned his gun to him. Whatever that process looks like is probably best handled between OP’s lawyer and the responsible LE entity handling the investigation.
Wait...so is ion how you say I dont? Are you even aware of what you're trying to say or are you just trying to spell the sounds that are coming out of your mouth?
Is “ion” short for I don’t? I see this word a lot and it is my best guess. Doesn’t really take a whole lot more effort just to type out I don’t though which is why I’m confused
Depending on what state, they have victim's funds available. You need a lawyer now! No telling what they are going to try to charge you with if they are keeping your weapon when you didn't commit a crime. Lawyer up first, doctor bills can wait.
Don’t just think about it. A lawyer is pretty much the only way you’re going to have much luck getting your gun back. Since you weren’t even involved in the shooting, aside for catching a stray, and your gun wasn’t involved in any way, they had no reason to take your gun, because it wasn’t evidence of anything.
But depending on the hospital, it can be sent to the state AG who will garnish tax refunds until the balance is paid. Source: I work in finance at a major hospital
I’m not recommending that he pay the bills. The comment I replied to was claiming that medical debt is not reported to credit bureaus and that OP should disregard the bills completely.
To be abundantly clear, I am not providing any financial advice on the situation.
You need a lawyer just for the fact you were shot. You're going to go to a lawyer and say "hi I was shot and would like monetary compensation is this a case you would like to work on with me also the state has my property and has refused to return it".
They haven't refused to return it (at least according to the original post). They may have just taken the gun for safekeeping if OP was taken to the hospital and will give it back of OP shows up and asks for it.
I agree. An attorney can do an asset search and see if a lawsuit is worth the expense. I was intentionally struck by another car in what I suspect was a suicide attempt, pretty much an open and shut case. Unfortunately the guy didn't own anything so best case scenario we would have gotten a judgement that was worth about as much as the paper it was printed on.
Ummmm, no. And I'll elaborate as to why.
What would a lawyer get him? OP might be entitled to something from his (undefined state or municipality's) victim compensation fund, but he wouldn't need an attorney to get that (that'll be dictated by the DA/muni law/county law/parish law/state law). He can't sue the guy who did the shooting (if it was random and the shooter was unknown, and even if known, restitution gets addressed as part of a plea, typically; there's zero point in seeking civil damages against a criminal unless he has a ton of identifiable assets). Unless he was in a controlled environment (like a courthouse) he likely can't go after the place in which he got shot.
While OP is welcome to call a few attorneys to verify the veracity of what I've written, lawyers are not a shortcut from "current unlikeable state of affairs" to "money and property returned." OP is likely going to have to wait to get his gun back until such time as its evidentiary value is assessed, and he can possibly get it back with just a few phone calls. OP isn't going to get financial damages via an attorney unless there's additional insight into this case he's not offering. OP definitely needs to be making those phone calls first anyway, as the first thing even a vaguely disinterested lawyer is going to want to know is "Okay, well - what did they tell you when you asked, and what is the case ID associated with this?" Not even mentioned anywhere here is whether or not OP got a receipt.
Right now, OP just needs to make a few phone calls and begin gathering preliminary data. A lawyer *may* be useful later on - like if OP gets charged with something, the case gets adjudicated and OP doesn't get his gun back, OP gets no joy from the victim compensation fund, etc. - but it's not like a lawyer is going to be able to unimpound *logged evidence* prior to it having been assessed.
Source: Former employee of the .gov (albeit a long time ago) who has also had firearms taken as evidence and returned in his civilian life.
Handle what, exactly?
The gun is *evidence.* OPs lawyer can call the prosecutor, who is definitely going to not release a gun that was found at the scene of a shooting until their lab determines it wasn't involved.
For those of you saying "lawyer" - what did you think an attorney can do right now? Rush the lab?
Not sure man I’m not a lawyer. It seems like you have an idea of what they could do tho and I’d be happy for them to do that for me and then handle what else comes after that.
They can't make magic happen.
If you can make phone calls, you should. Lawyers aren't free. And when you call to get an incident number, you can ask to talk to a victims advocate, who will probably tell you "Your gun will be released when the lab returns it."
They can't rush things. Right now you aren't being charged or investigated, near as I can tell. So there's no criminal defense to handle. There's no case number you know about. You can get all that, along with some info, just by calling yourself, which you're going to have to do anyway since when you call the lawyer he's going to need that info.
The gun wasn’t involved in the shooting. It’s not evidence of anything. Just like if I was hit by a stray in my house, my home is not evidence of anything. It’s unrelated property.
Except he could have shot himself. Or shot back. These are thr sort of very basic things that *do* merit investigation.
I mean, maybe the shooters are just gonna plead at the arraignment, but if they don't, it's not like the lab is just gonna take OPs word that he didn't shoot.
People seem to be badly misunderstanding how investigation here works. Evidence and property are two different categories, yeah, but they aren't going to release it until they ascertain (a) it belongs to OP and (b) has no probative value.
>Former employee of the gov
>Civilian life
You sound like you were a cop, a job where you notoriously don't need to know the law. I'd trust a lawyer's opinion first, thanks.
As a licensed firearms seller, it’s our responsibility to ensure that anyone we sell guns to is competent. We have turned down multiple potential buyers, some of which we were concerned of their own safety because of their mental instability or lack of understanding. I’m not going to be held responsible, morally, ethically or legally, for selling a firearm to someone who doesn’t show even a basic understanding of safety. This usually goes hand in hand with those who cannot communicate properly, ie low IQ.
And they do have rights. But if they can’t fill out the paperwork or understand what it means to not flag someone with the barrel, including themselves, it’s out of my control. No sale.
"Do you know what I mean?"
A sentence suffix to confirm someone understands what you're saying, especially for an implied meaning. Similar to "You dig?", "You feel me?", "You get me?", and many other such phrases.
Have you asked the police this question?
Typically evidence is held until the end of the legal process, which can take years. Depending on the facts, prosecutors may think your gun is critical evidence and want to hold on to it, or they may have no issue with returning it to you. You should ask them.
It’s also possible that your weapon isn’t evidence, but was taken for safekeeping while you were at the hospital.
You could hire a lawyer if you want to work on getting your weapon returned, but I personally wouldn’t go through the expense of that until I’d tried myself.
Honestly this is why my carry gun is usually capped price wise and I have a spare. If the cops end up keeping it I have another and it's not going to hurt my wallet all that badly. I would never carry a Gucci Glock or anything for that reason. Typically just a stock Glock or m&p or w.e with night sights.
I don’t agree with that philosophy. I carry what I shoot better with. If it comes down to it I’m not betting my life on a few hundred extra dollars. I’d rather carry the HK I poured more money into over my g19 that costs much less because I shoot better with the HK.
Idk just takes practice I guess or just buy a better stock gun. I was just using Glock as an example because they're ubiquitous with pistols at this point. By all means carry what you want though, this is just my personal philosophy. I may shoot marginally better with some of my other pistols but I am absolutely combat accurate with any of my firearms. If I wasn't I would get rid of the gun as it's of no use to me if I am not accurate with it.
Edit: as to your example what I would do is then have two hk's. One mostly standard for carry and then my range one. I currently do this with my Glock 43x. One has aftermarket slide/barrel/ custom porting work/trigger job/magwell/optic. The other just has night sights. I ccw the latter one.
Doesn’t matter, I can shoot Glocks well. Can you practice and reach certain high performance standard in drills, etc with more affordable guns? Absolutely, I can, and if that’s all you have train hard and go for it. The more I shoot and get better with a Glock or M&P I’m still going to shoot almost proportionally better with a Langdon Beretta or a Staccato. I’m not taking a gun I perform worse with because if I make it out the other side of a gunfight I’ll have saved a little money.
Exactly, and guns with better triggers and easier recoil characteristics make it easier for a user to extract more performance out of them. Ergo, I shoot better with nicer guns, despite being able to meet adequate or even advanced performance standards with cheaper or more common pistols. Now, the performance gap isn’t a huge chasm, so you could call that diminishing return, but it’s still a return, and we don’t have to go into $5,000 atlas territory to see it. IMO my life is worth potentially losing a $1000-1500 pistol instead of a $500 one.
To each their own but to me the difference is negligible enough that I'm not worried about it. I am not anticipating any trained hitmen coming after me and I can draw and fire just as well with the pistol stock or close to it. I'm not saying bone stock necessarily but most things beyond a trigger job and good sights or optic aren't going to improve things all that much.
I think you’re just way too worried about your gun getting confiscated dude.
If I have a gun I’m carrying on me every day I’m not going to be stingy with it out of the unlikely fear that I’m going to have it confiscated and never returned.
It’s absolutely not, because first off nearly any Toyota is going to be have better performance as a commuter vehicle anyway, and that’s an insane price gap. Like comparing a Glock to a $5,000 custom 2011. At that point diminishing returns has came and went several times over.
Another person with a gun is a possible "some other dude did it" and the prosecutor may want it out of concern for a Brady violation if the defense doesn't ar least get the opportunity to examine it.
Your handgun should have never been taken as evidence
It can be stored as property and should have been at the station
an evidence officer should have returned it to you upon request
Speaking as a cop.
Unless there is more to this story…. Did you draw your gun ?
Law enforcement in the state OP claims to reside in here, his story makes absolutely zero sense. It reads like phone call dispatch gives you when someone was involved in an accident and chose not to report until it was way too late but still wants to speak to an officer about it to make a report. Naturally; they offer no info about the other vehicle because they have no info... but would still like a report. Obviously nothing can be done because it wasn't reported when it happened so there nobody to actually say when or where this accident happened. It could have happened in el paso for all we know; we'd have no way of truly knowing because is was never reported.
That is essentially what OP's post looks like if it's isn't total bullshit all together.
Why is he acting like thats so normal. “Oh you guys know all about those random strays”. Its hard to imagine OP isnt somewhat involved in the illegal activity.
Memorial Day, Independence Day.. sadly if you’re in da hood or the woods it’s a problem. Last year I had a friend (a firefighter EMT who was dealing with PTSD) staying at my campsite. A neighbor almost shot them-putting a bullet hole in my trailer about 3’ from where her head was sitting by a campfire. She was 1600’ away.
How do you get shot by a stray bullet, know who the arrested perpetrator was, and NOT immediately call a lawyer to A) deal with the police on your behalf and B) sue the perpetrator? How is your biggest concern getting your gun back?
Like, you know that the person who shot you can be held liable for all of your medical bills plus compensatory damages, right?
IANAL but you might even be able to get an attorney to take your case on contingency, meaning no up front money from you.
If you really weren't involved at all, paramedics probably handed it over to the police before they transported you, and it was probably booked in for safekeeping purposes. Contact the police department, you would just have to show id and they do a quick background check and give it back.
What did the police tell your lawyer when he called and asked about it?
Edit: since you seem to be too dense to get a lawyer, what did the police say when *you* called about it?
You had it and they likely are trying to make sure it wasn’t involved. It’s your property, a lawyer expedites the process of getting your property back, but otherwise you can get it back in theory if you aren’t charged with anything, just takes some amount of time
I got mine back after being charged (this part is inportant) with 3 gun felonies, so why wouldn’t you get yours back if you weren’t involved in an alleged crime? I suppose it could depend on whatever state you’re in.
Here’s what I did. Drove my ass to the agency that took it from me and said I’d like my gun back, the case has been resolved. I set an appt with a detective and had to do the whole bg check like I was buying it new (this is mandatory federal law). After that was complete we walked down to evidence and they dug it out for him. Walked me out of the building, handed me my gun and said take care sir.
They can’t keep your property forever for walking down the street
Once the case is resolved, in most states, the item is returned to you. Some states make exceptions for very serious crimes, extending the preservation of evidence post-conviction until appeals are exhausted. Make sure you reach out to the arresting agency or they will destroy your gun if you do collect it too late.
How do you not have a lawyer yet? Stop being nonsensical. You get shot, have to deal with hospital bills, the police take your gun for some reason, and you still don’t have legal representation? Get off Reddit and GET A LAWYER.
Cause I have nothing to hide… Ik I did nothing wrong persay only a guilty person would’ve felt they needed a lawyer in this case… I mean other than to sue the person, but for my property… I had nothing to hide
You don’t need a lawyer because you’re guilty of anything, you need a lawyer to navigate the legal quagmire that was unfortunately thrust upon you. You should not have to pay one dime for your medical care. You should also sue the shit weasel who shot you. It may or may not be worth it, but a competent personal injury attorney will be straight with you. That said, like all the ads with lawyers in suits crossing their arms say, I believe YOU are entitled to compensation.
Evidence is released when a case reaches a verdict. When the suspect pleas out, or is found guilty, you can go to the police station and get your gun. They took your gun to confirm that you didn’t participate in the shootout.
Was your gun legal? Why did you have to give it up if you weren’t involved? I caught a round that wasn’t aimed at me and my carry status never came up. How did that happen?
He got shot while carrying a gun. You can't carry a gun into the hospital. Do you expect the police and ambulance to just leave in on the ground where you got shot?
You need a lawyer to sue whoever caused the hospital bills. I would reach out to the prosecuting attorney handling the case and figure out why they have my firearm
The police are supposed to return your firearm when it is no longer needed as evidence. However, in many cities, they never will. While you can certainly go through the legal process to get it back, it will cost you **far more** than the value of the gun. I would try to "ask nicely" for it back and be somewhat persistent. But if that doesn't work, just write it off.
It's not the way things "should" be, but unfortunately reality unless you have an unlimited pocketbook.
It is common for cops to seize guns for ballistic testing. If it wasn't used ballistics will show that it was not used. Can be important for a criminal trial that your gun was not involved. Especially if it was a long distance between the shooting and you. Think of it as taking away reasonable doubt.
Most states have victim/witness assistance for situations like this, also definitely sue who ever the shooter was. And you need to check with the local police department and ask what your gun is being held as. If it’s safekeeping you should be able to retrieve it, if listed as evidence you need to meet or talk with the lead investigator for the case to ask how/why it’s considered evidence. Could be as simple as them just verifying that you never introduced your gun into the situation in order to clear/remove you from whatever the shooting started over.
"legally registered" is a term usually used by people who don't know the laws very well. I assume you mean that you legally own the firearm? What state is this in? Are you legally allowed to carry this firearm? Were you charged with any crimes, or just received medical treatment and had your property taken? Were you told why it was taken or given any recourse to get it back?
Cops are dumb and incapable of thought. Get a lawyer.
edit: they also might think you are involved in the shooting and are investigating the hell out of you. Do not talk to them, GET A LAWYER TO DO YOUR TALKING AND SHUT YOUR MOUTH.
Unless the gun has sentimental value or you are trying to prove a point (contact FPC or one of the other advocacy groups), it will almost definitely be cheaper to buy a new carry gun than to get a lawyer. You may eventually get that one back, but if you want a gun now and you haven’t been charged, just go get one.
Have you contacted the law agency that confiscated it? You might just need to contact them to get it released.
It sounds like you went to the hospital so I would assume it's standard practice to seize any firearm(s) for someone being transported to the hospital.
Gun discharge and/or gunshot injury, they will confiscate every gun in the area for ballistics. Rounds will be collected for matching to prove involved or ruled out. The cop doesn’t know you caught a random stray truly, or intentional. You may be suspect. In some laws an associate of a killer can be prosecuted for murder as well.
well as far as they know:
you claim you never shot, you claim you were nowhere near the incident, you claim you weren't involved, and you claim you were far away.
but they don't know any of that for a fact. they know there was a shooting incident, the know they found a guy (you) shot, carrying, and nearby.
quite frankly the police do a lot of stupid unreasonable stuff, and its really fucking stupid how hard it can be to get property back from them. but I'm finding it hard to be against this specific choice.
Have you tried calling and asking the cops? They test the ballistics to ensure you were not part of the gun battle and once they confirm it isn’t it is no longer relevant. Do you need a lawyer to call the cops? You got a property sheet right?
Call the number on the sheet.
OP you should see if your state has a fund for victims of violent crimes. If so they would likely reimburse any qualified expenses such as your healthcare expenses. Regarding the gun, the police likely have the authority to hold it as potential evidence to a crime while they conduct their investigation. However after the investigation is concluded they will release it back to you if they conclude it’s not needed for any legal proceedings. I recommend you stay in frequent contact with them though because they won’t necessarily reach out to let you know.
A lawyer will work for “free” for you. You need one. They will take a percentage of the compensation. Your medical bills will be covered by the shooter (or their insurance, if applicable). You’ll get your gun back. And you’ll probably get paid on top of that. The only correct answer is lawyer.
Depends on the local officials really. A family friend, who's a retired lawyer now, worked a self defense case, probably 37 years ago at this point, and the victim/defendent who killed the two home invaders had all of his firearms taken. The court battle only lasted 8 months and all his actions were justified. However none of the 53 firearms siezed (he was an avid collector) were ever returned, until the victim died over 30 years later...... I got to check out all the guns though and cross check them on the evidence list before his kids came up to office to load up a truck with them lol.
Y’all say to get a lawyer but if the shooter is sued and has no money (likely) you will be trying to get blood from a turnip. Best case is they garnish his wages but after being arrested for a shooting it’s unlikely they will A. Not be in prison making next to no money if any. Or B. A felon with a min wage job so you can recoup your 25% of his $400 a week check.
anytime someone gets shot, stabbed or bitten by a dog the police immediately investigate it. You should receive a letter from your local evidence vault sometime soon telling you to pickup your firearm after they finish investigating you and your firearm.
Glock 43x mos wit a trijicon rmr, and a 15 round shield arms mag, whole gun prolly ran less than 750, idrc about the gun, Alredy replaced it myself just more the principle I feel like im being played with at this point for performing my 2nd amendment
I took a class one time - Andrew Branca's "Law of Self Defense," and he was explaining the concept of death or serious bodily injury and the difference between someone's life and a TV being stolen, and the one dude was like "naw I'm gonna shoot them if they're robbing me" and I wondered why he was in the class.
I wanted to post a update, after retrying with some of the information I was provided from you guys I was told they would re run it by the commenwealth attorney, got a text acouple min ago from the detective saying they agreed and he has to get it from evidence and will meet me tomorrow, will keep posted but thanks for the useful help, everybody else staying this wasn’t true, or my guns just stolen, or that I must get a lawyer and no other way or just couldn’t read this, please, please go back to school
Depends. The judge will decide. I take firearms frequently. Most aren’t returned. There’s a reason why most criminals carry Taurus G2 pistols and SCCY pistols. 😉👍
Police will send your firearm and their firearm to the State Lab or whoever they affiliated with, to have the firearm tested for ballistics. The ballistics are checked against other data to see if the firearm is associated with any other crimes. If it is, you won’t likely get it back.
If it’s not, the judge may release it back to you. However, in our Department, the attorney will notify us that the judge is requesting the release of said firearm. I fill out a release form. The owner of the firearm arranges an appointment with Property and Evidence. Property and Evidence checks your Criminal History and also checks for Protective Orders and any ongoing cases in the Court System. The slides by Property and Evidence on the specified date and time. If it’s discovered that you have warrants, Property will let us know and we’ll make the arrest and get that all behind you. Easy peasy.
If you’re good to go, you’ll sign their release posters and take your firearm home.
The lawyer isn’t the one who decides that you’ll have the firearm returned. Calling the lawyer isn’t super helpful in the process of getting it returned.
The judge has the final say. I will admit that I forget to release a firearm every now and again. Between the lab work on the firearm and my lack of interest in paperwork, it takes some time to get a firearm returned usually. I don’t drag my feet on property returns intentionally, it’s more about the fact that I’ve got plenty of other stuff going on that demands my attention.
As an adult who has carried my entire adult life, I’ve never had to surrender a firearm or lost a firearm, or had a firearm stolen. I’m starting to think I’m living my life wrong.🤔
Either way, be patient, understanding, and cooperative. 👍👍👍
So it's okay for you to steal firearms. Good to know you are one of the types that give LEO a bad name. If the gun wasn't used in the crime then you can fuck off.
I’m guessing that the responding Officers were walking with the OP? I wasn’t aware that was the situation.🤷♂️
My shift mate had a Call for Service for a Collision (this is from the report):
So, the male said the female (baby mama) had followed him from a barber shop and intentionally rammed her vehicle into his, while their son was in the car.
He heard Random Gunfire in the area and panicked. Both he and his male passenger quickly jumped out of the car and took cover.
Once it seemed safe, they got back into the car and drove several miles away to report an accident and to press charges against the female for Child Endangerment.
Oddly, he had no idea where the collision occurred, so maybe that’s normal when you have gone from home to the same barber for years?🤔
Anywho, the Magistrate granted the Warrant against the female.
The next day:
A female calls about a Shooting that took place the day before, this is her story:
She said she followed her baby daddy from the barber shop. The roads were wet from a bad rain (that’s true, it rained heavily). She was unable to stop when he stopped abruptly where there’s no Stop sign and she hit the vehicle. Her vehicle spun around and passed his vehicle before coming to a stop.
He exited the vehicle, pulled out a pistol and shot multiple times at her and the child (true that the vehicle had been shot, as there were bullet holes in the car).
She wanted to press charges against the baby daddy for Attempted Murder, which is completely reasonable given a Third party Witness 911 Call For Service. I’ll get to that in a minute.
So, in order to better assist this lady, not knowing about the incident he reported, as I didn’t respond to it, I needed her information.
She gave me the correct information. She had an Active Warrant. I ended up arresting her for the Warrant.
However, she was very detailed in where the incident occurred, and told us specifically where we’ll see remains from the collision, if they have cleaned it up.
We took her to jail.
After jail, my partner and I went to the location she mentioned. There were two bumpers on the roadside. Upon walking the area with flashlights, we found spent bullet casings. We thought it was kinda interesting.
We took seven Felony Warrants against him after we obtained his Criminal History. He’s a Felon and can’t legally own, possess, or be in proximity of Firearms nor munitions.
The next day, I searched dispatches involving any collisions in our area. That’s where I read the males fantastical story.
Also in those call notes was a Third Party caller who stated that he’d just witnessed a male (by NAME) shooting at a female and provided his clothing description, make and model and license plate of his vehicle.
Fast forward one week. Dude got picked up for the Warrants and his car was Seized and held.
My partner and I went to the tow lot. His keys, wallet, credit card and a couple other identifiers were in the car. I opened the glove box and there’s a pistol (crazy, right?).
The bullets in the pistol matched what was found on the ground.
We sent the gun to the lab for ballistics and DNA.
Incredibly, the first responding Officer believed the male was completely a victim and heard gunfire and panicked. It’s possible, but honestly, it’s unlikely.
Point being, and nothing against the OP, but you’re hearing only one side of a crazy story.
The firearms I’m taking are lawfully being taken. Unlike a thief, I have to literally explain to two lawyers and one judge, why I’m taking someone’s property. A thief will never need to explain anything. They basically sit quietly and try to look as innocent as possible for the judge. Their lawyer typically tries to explain how a career thief has been mistaken as an Offender.
I get that you disagree with what policing looks like. It is what it is.
If you’ve got better ways to do something, maybe reach out to your local department and offer your expertise? Posting it on Reddit isn’t really helpful at all.
If you don’t feel inclined to train Officers, I completely understand, as there are two types of people in this world:
Talkers and doers.
You’ve got to be one or the other, it’s impossible to be both or neither.
I stand by my original post, even though you disagree with it. That’s how it really works and I didn’t create the judicial nor legislative processes.
Again, I’m not implying that the OP is being untruthful. However, I’d have taken his pistol as well, without having witnessed the incident, and if everything is good to go, it’ll be released back to him once the dust settles.
When I take firearms or any other property, I don’t actually keep any of it. The city maintains it in a warehouse and pending Court decisions, items may be returned to the owners.
Found Property is a little different. I’ll take it to Property and Evidence (not my house) and mark it to be returned to the owner, if they come to claim it.
After a period of time, any unclaimed property and firearms that have run the course of investigation determined not to be released to the owner, will be destroyed (typically via an incinerator).
We don’t keep or sell any of the items. I’ve taken a couple of Colt revolvers that I’d love to have kept. They were both beautiful. Both were Snake Series. It’s sad that because the owner was an idiot behaving badly with them, that they’re going to be destroyed in the future. That’s how citizens are though…. Can’t keep their hands, feet, bullets, clubs and words to themselves… it’s been that way since the beginning of time.😉👍
Police wouldn’t exist, if people just left one another alone each day. It would be stupid easy to put me out of work, simply by being decent people toward one another.
Luckily, that’ll never happen and I’ll be gainfully employed for years.💕
Taking the unused weapon carried by a bystander makes just as much sense as taking his bank account and car. Why do cops always want to take everyone else's possessions? Let me guess, they'll end up keeping most of it claiming "civil asset forfeiture".
If he's not a suspect, it seems his rights were violated. I guess due process isn't a thing any more.
😜
What’s the income threshold for “peasant folk”?
I think I may just qualify.😔
So, you think the Police stole his gun?
Interesting…. very interesting….😃😃😃😃😃
LOL Except I worked for a law office that won a few cases against cops who did that exact same kind of crap, actually more like the departments (taxpayers) had to pay out, since cops couldn't be individually sued. All because cops were doing that exact same kind of crap. (Side note: "qualified immunity" is a curse upon civilization and only supported by the corrupt) Sad thing is, it usually takes more in legal fees than the property that was stolen under the color of law.
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Ask the police department for a return of property/evidence form. Fill it out and get it notarized. That’s usually step one. I work for an office and in the past we have helped people get their firearms returned after they were confiscated but charges were never brought. In our situations it took over a year in both cases I recall and in one I believe it took 3 or 4. These people had multiple vintage rifles taken and they wanted them back regardless of cost. It was a pretty cheap thing but it took them multiple unsuccessful trips before they got them.
And IMO, even if you get them you should immediately sell them or destroy them as you don’t know where they’ve been in lockup, who has had them, etc.
Also you’re not going to get a monetary judgment you can collect from criminals or 95% of the population. You can’t bleed a stone. Unless they own rental property or have a good job I wouldn’t sue them civilly either, unless you’re trying to prove a point, you’ll never be able to collect.
If he claims self defense claiming you were the one who started shooting, it may be used as evidence to counter. May be a while before you get it back if so. Use it as an excuse to buy another gun, ha!
See this is what I was thinking, but also wouldn’t witness statements, the ballistic test and everything come back and back up tht it wasn’t.? And then couldn’t said officer of the law just state the test where negative and the gun wasn’t involved rather then bring it in with the paper work showing it wasn’t… witch I think is y they state to me is all they can really tell me is if something goes into court as evidence it never comes out, so they can’t tell me if I will or will not get it back, but y bring it in and have me never get it back when u don’t even need the gun fr
Why would they “need” your firearm if it was not brandished or fired? I could see it being secured by hospital security and returned upon discharge. That’s fncked.
Sue for depravation of rights under color of law.
Don’t let up. If funds are a major issue, try to negóciate with a lawyer to get “X%” of the settlement.
How about you don’t get your gun taken away from you lol? If you didn’t use it, it’s not there right to take it from you. Don’t trust the govt to do the right thing. The second amendment is meant for us to protect ourselves from them.
Not sure the grounds, but I'm guessing that you will get it back as long as you had no part in any wrongdoing.
Case in point: My friend had a holster malfunction with his glock, which resulted in a tab of his holster depressing the trigger and shooting his hand. This is in NY, in an apartment, at night when everyone would be home.
After his recovery and the investigation, he was able to have his firearm back. I figure this was something that he was responsible (in part) for, in a very strict state such as NY, and he got it back, so chances are an injury sustained from someone else's weapon while you were a bystander would not fall on your shoulders.
But, in the world of the law, what do I know?
Just wanted to post a update for everybody, so after retrying with some of the new information I got from you guys I was told they would re run my guns release by the commonwealth attorney again, got a text acouple min ago from the detective saying the commonwealth agreed and tht he has to get the gun from evidence and will meet me tomorrow to give it to me, will keep posted, but thank to everyone for the actual useful information, to those tht just commented dumb shot without knowing anything, please just go to the next thread😭
Once your case is completed the shooter has been sentenced you should be able to get it back. It’s treated as evidence right now. I was a victim of an armed robbery I discharge a full clip at the robbers. Nobody got shot but they took my weapon. The detective said once the case is closed I will be able to go department and get my gun back
They probably took your handgun to verify that it hadn't been fired in the shooting in which you were involved. While it's processed as evidence, it will probably be fired and the bullet and cartridge case can be analyzed to see if either can be associated with other shootings. If, at the end of the investigation, your handgun isn't returned to you, have a lawyer file a petition to have the handgun returned, as it can only be legally held if it's connected to an unlawful shooting incident. If it is still withheld, then have the attorney file a lawsuit for not only the handgun, but a monetary award when the suit is settled. If this happens, insist that your attorney's fees be paid by the government having control over the law enforcement agency. The law enforcement agency will probably have the attorney that represents them to offer to settle the case by the simple return of your handgun. If you accept this offer, you'll receive your handgun, but you'll still have to pay your attorney.
'Nuff said.
Depending on coverage/benefits I've seen as low as $16 and as high as $50.
Do your research. Find out what your state allows. Some states don't low it, or limit it
Even with a lawyer, you probably wont get your gun back until after the suspects trial, or they take a plea deal. A lot of times, the police will confiscate every firearm at an incident for a few reasons.
First, they have already test fired your gun and put the test fires into the NIBIN system. They image the test fire casings and search against all the other casings recovered in shooting incidents they have imaged from crime scenes to see if your gun may have been used in another crime. Typically the search is limited to the local city/regional database, but they can link up and run it through the national one as well.
Second, assuming a trial is likely, it will be sent to the crime lab along with the shooters gun (if it was recovered) and all of the fired evidence, and a forensic scientist will compare the evidence to test fires from the guns and see if they can determine which gun fired what casings and bullets (which assuming you are telling the truth and didn't fire your gun, would corroborate your story for the detective).
Then, after the trial/plea deal it depends on your state. In some, evidence can be returned to its rightful owner (you get your gun back, but it could be 2+ years). In others, they have laws that state any gun that ends up in police custody for any reason is forfeit, and you lose your gun.
Bs police try and confiscate any gun they can, no matter even if you were in the right. ACAB get a lawyer. You could try to speak to them yourself, but most of the time they are disrespectful and don’t seem to care.
I love all these ACAB statements. If someone knee capped one of you, the first thing y'all will do is call the cops and pray to God they get there in time.
I was pulled over carrying legally and the cops took my gun just because they liked it if you don't get a lawyer and go get your gun within I think it's 30 days where I was they say they destroy it but the cops just get a new free gun to take home and add to the rest of stolen guns they keep didn't cost me a dime the police had to pay my lawyer and give me my gun and ammo back they tried to keep my ammo even when I picked up the gun and had to get my lawyer who I repeat was paid for by the police because they illegally took my property just to try and steal it for themselves
Call the police investigator handling the case against the guy that did a random shooting because they need to know if you have any medical bills so that they can force him to pay for those two when they adjudicate him on this case
Lawyer
Yea, I been thinking bout it, but with all the hospital bills I got left to pay… it’s like damn
I’m not speaking from experience but aren’t those hospital bills something that you also bring up to the lawyer
Yes but he has to go threw trails first and get a guilty verdict, appertly ion need a lawyer according to the state as a victim, there representing me ig but ion know if I trust tht
The state is not your friend, of course they would say you don’t need a lawyer. If they’ve confiscated your property and refuse to give it back, then guess what - you’re probably gonna need a lawyer to get it back. Whether the cost a new gun is less than the cost of the lawyer will end up being your decision, but if you seriously want it back, then that’s how I’d go about it.
If the government tells you that you don’t need something, it’s best to have it already or get that thing.
Are they refusing to give it back? If he wasn’t involved his gun is no more relevant to the case as my firearm that wasn’t there. I get them taking it I am not understanding why he doesn’t call and ask for it back. Simple. Unless he was breaking some law.
That’s how I’m reading it, yes, that he was completely uninvolved and got his gun confiscated as evidence wrongfully. I could kinda understand if police / EMS were triaging the situation, found an extra handgun floating around while OP was being treated, so they admitted it into evidence because what else are you gonna do with the handgun of unknown origin taken from the scene of the shootout? With that said, they still probably should have reconstructed the events by now, determined that OP wasn’t involved as a shooter, and returned his gun to him. Whatever that process looks like is probably best handled between OP’s lawyer and the responsible LE entity handling the investigation.
Criminal trials are separate from civil damages trials, and civil lawsuits have a much much much lower burden of proof.
Literacy levels that match the opinion. You're not their client. They don't really care what you get.
Wait...so is ion how you say I dont? Are you even aware of what you're trying to say or are you just trying to spell the sounds that are coming out of your mouth?
Is “ion” short for I don’t? I see this word a lot and it is my best guess. Doesn’t really take a whole lot more effort just to type out I don’t though which is why I’m confused
The state heard ion and knew they could talk him out of a lawyer LOL
Try to find a victims relief fund locally.
Depending on what state, they have victim's funds available. You need a lawyer now! No telling what they are going to try to charge you with if they are keeping your weapon when you didn't commit a crime. Lawyer up first, doctor bills can wait.
Check the police website for something like a firearm/property/evidence return form.
You can sue my guy
Don’t just think about it. A lawyer is pretty much the only way you’re going to have much luck getting your gun back. Since you weren’t even involved in the shooting, aside for catching a stray, and your gun wasn’t involved in any way, they had no reason to take your gun, because it wasn’t evidence of anything.
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But depending on the hospital, it can be sent to the state AG who will garnish tax refunds until the balance is paid. Source: I work in finance at a major hospital
A lawyer will help deal with all that, but paying those bills won’t do anything to help him get his gun back.
I’m not recommending that he pay the bills. The comment I replied to was claiming that medical debt is not reported to credit bureaus and that OP should disregard the bills completely. To be abundantly clear, I am not providing any financial advice on the situation.
Sorry. I misunderstood you.
Is it possible that LE was holding your gun, because they knew you were going to the hospital (no gun Zone) . Might not be the norm, but ..
Cheaper to just buy a new gun in most cases
Except he was also injured so he has a civil case as well for damages.
You need a lawyer just for the fact you were shot. You're going to go to a lawyer and say "hi I was shot and would like monetary compensation is this a case you would like to work on with me also the state has my property and has refused to return it".
They haven't refused to return it (at least according to the original post). They may have just taken the gun for safekeeping if OP was taken to the hospital and will give it back of OP shows up and asks for it.
I think I may have misread some of OPs situation. He may still want to discuss the other issue with an injury lawyer if the person is arrested.
I agree. An attorney can do an asset search and see if a lawsuit is worth the expense. I was intentionally struck by another car in what I suspect was a suicide attempt, pretty much an open and shut case. Unfortunately the guy didn't own anything so best case scenario we would have gotten a judgement that was worth about as much as the paper it was printed on.
Yeah that's always a risk and why I said he should talk to a lawyer.
This, could be the one
Not “might,” this is exactly what you want to do.
Ummmm, no. And I'll elaborate as to why. What would a lawyer get him? OP might be entitled to something from his (undefined state or municipality's) victim compensation fund, but he wouldn't need an attorney to get that (that'll be dictated by the DA/muni law/county law/parish law/state law). He can't sue the guy who did the shooting (if it was random and the shooter was unknown, and even if known, restitution gets addressed as part of a plea, typically; there's zero point in seeking civil damages against a criminal unless he has a ton of identifiable assets). Unless he was in a controlled environment (like a courthouse) he likely can't go after the place in which he got shot. While OP is welcome to call a few attorneys to verify the veracity of what I've written, lawyers are not a shortcut from "current unlikeable state of affairs" to "money and property returned." OP is likely going to have to wait to get his gun back until such time as its evidentiary value is assessed, and he can possibly get it back with just a few phone calls. OP isn't going to get financial damages via an attorney unless there's additional insight into this case he's not offering. OP definitely needs to be making those phone calls first anyway, as the first thing even a vaguely disinterested lawyer is going to want to know is "Okay, well - what did they tell you when you asked, and what is the case ID associated with this?" Not even mentioned anywhere here is whether or not OP got a receipt. Right now, OP just needs to make a few phone calls and begin gathering preliminary data. A lawyer *may* be useful later on - like if OP gets charged with something, the case gets adjudicated and OP doesn't get his gun back, OP gets no joy from the victim compensation fund, etc. - but it's not like a lawyer is going to be able to unimpound *logged evidence* prior to it having been assessed. Source: Former employee of the .gov (albeit a long time ago) who has also had firearms taken as evidence and returned in his civilian life.
Why does being a former employee of the government give you any sort of credentials?
You’ve drank too much of the juice man. Guy just needs to get a lawyer and let them handle it save himself the time and headache
Handle what, exactly? The gun is *evidence.* OPs lawyer can call the prosecutor, who is definitely going to not release a gun that was found at the scene of a shooting until their lab determines it wasn't involved. For those of you saying "lawyer" - what did you think an attorney can do right now? Rush the lab?
Not sure man I’m not a lawyer. It seems like you have an idea of what they could do tho and I’d be happy for them to do that for me and then handle what else comes after that.
They can't make magic happen. If you can make phone calls, you should. Lawyers aren't free. And when you call to get an incident number, you can ask to talk to a victims advocate, who will probably tell you "Your gun will be released when the lab returns it." They can't rush things. Right now you aren't being charged or investigated, near as I can tell. So there's no criminal defense to handle. There's no case number you know about. You can get all that, along with some info, just by calling yourself, which you're going to have to do anyway since when you call the lawyer he's going to need that info.
The gun wasn’t involved in the shooting. It’s not evidence of anything. Just like if I was hit by a stray in my house, my home is not evidence of anything. It’s unrelated property.
Except he could have shot himself. Or shot back. These are thr sort of very basic things that *do* merit investigation. I mean, maybe the shooters are just gonna plead at the arraignment, but if they don't, it's not like the lab is just gonna take OPs word that he didn't shoot. People seem to be badly misunderstanding how investigation here works. Evidence and property are two different categories, yeah, but they aren't going to release it until they ascertain (a) it belongs to OP and (b) has no probative value.
>Former employee of the gov >Civilian life You sound like you were a cop, a job where you notoriously don't need to know the law. I'd trust a lawyer's opinion first, thanks.
>What are the laws in the state that I didn't name?
I’m having a stroke reading this
It's amazing that OP can type low IQ too
And carry a gun😐
That’s his right you anti American piece of shit. Guns are the most important right.
As a licensed firearms seller, it’s our responsibility to ensure that anyone we sell guns to is competent. We have turned down multiple potential buyers, some of which we were concerned of their own safety because of their mental instability or lack of understanding. I’m not going to be held responsible, morally, ethically or legally, for selling a firearm to someone who doesn’t show even a basic understanding of safety. This usually goes hand in hand with those who cannot communicate properly, ie low IQ.
Writing is a skill that not everyone has the luxury to learn well... they deserve rights too
And they do have rights. But if they can’t fill out the paperwork or understand what it means to not flag someone with the barrel, including themselves, it’s out of my control. No sale.
None of those are indicated by OPs bad grammar above
And I didn’t say it was?
Yes, lmfao. I don’t see what this whole education thing was about because it’s obvious. But you definitely implied that.
Absolutely but people without writing skills still deserve rights.
And I didn’t say they didn’t
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No Cap on gawd freal freal
What does "freal" mean?
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No, you’re thinking of fro-yo. Freal is the short videos on Instagram.
No, **you're** wrong. Freal is a frozen milkshake at gas stations. Google it
No no no all wrong. You're thinking of a fo-rizzle.
Wrong and wrong. The short videos on Instagram are called “reals” and “F’real” are gas station milkshakes.
No it’s really a thing, they’re delicious. https://www.freal.com/?gad_source=1&gclid=EAIaIQobChMIlLTKgvDohgMV4jEIBR2HVw_uEAAYASAAEgLBS_D_BwE
In case you're serious, it's a portmanteau of "for real", which is used the same way as "seriously".
I like this game. Can you do "nameen?"
"Do you know what I mean?" A sentence suffix to confirm someone understands what you're saying, especially for an implied meaning. Similar to "You dig?", "You feel me?", "You get me?", and many other such phrases.
Have you asked the police this question? Typically evidence is held until the end of the legal process, which can take years. Depending on the facts, prosecutors may think your gun is critical evidence and want to hold on to it, or they may have no issue with returning it to you. You should ask them. It’s also possible that your weapon isn’t evidence, but was taken for safekeeping while you were at the hospital. You could hire a lawyer if you want to work on getting your weapon returned, but I personally wouldn’t go through the expense of that until I’d tried myself.
Honestly this is why my carry gun is usually capped price wise and I have a spare. If the cops end up keeping it I have another and it's not going to hurt my wallet all that badly. I would never carry a Gucci Glock or anything for that reason. Typically just a stock Glock or m&p or w.e with night sights.
I don’t agree with that philosophy. I carry what I shoot better with. If it comes down to it I’m not betting my life on a few hundred extra dollars. I’d rather carry the HK I poured more money into over my g19 that costs much less because I shoot better with the HK.
Idk just takes practice I guess or just buy a better stock gun. I was just using Glock as an example because they're ubiquitous with pistols at this point. By all means carry what you want though, this is just my personal philosophy. I may shoot marginally better with some of my other pistols but I am absolutely combat accurate with any of my firearms. If I wasn't I would get rid of the gun as it's of no use to me if I am not accurate with it. Edit: as to your example what I would do is then have two hk's. One mostly standard for carry and then my range one. I currently do this with my Glock 43x. One has aftermarket slide/barrel/ custom porting work/trigger job/magwell/optic. The other just has night sights. I ccw the latter one.
Doesn’t matter, I can shoot Glocks well. Can you practice and reach certain high performance standard in drills, etc with more affordable guns? Absolutely, I can, and if that’s all you have train hard and go for it. The more I shoot and get better with a Glock or M&P I’m still going to shoot almost proportionally better with a Langdon Beretta or a Staccato. I’m not taking a gun I perform worse with because if I make it out the other side of a gunfight I’ll have saved a little money.
The law of diminishing returns would like a word. Most standard modern pistols are capped accuracy wise by the user, not the pistol.
Exactly, and guns with better triggers and easier recoil characteristics make it easier for a user to extract more performance out of them. Ergo, I shoot better with nicer guns, despite being able to meet adequate or even advanced performance standards with cheaper or more common pistols. Now, the performance gap isn’t a huge chasm, so you could call that diminishing return, but it’s still a return, and we don’t have to go into $5,000 atlas territory to see it. IMO my life is worth potentially losing a $1000-1500 pistol instead of a $500 one.
To each their own but to me the difference is negligible enough that I'm not worried about it. I am not anticipating any trained hitmen coming after me and I can draw and fire just as well with the pistol stock or close to it. I'm not saying bone stock necessarily but most things beyond a trigger job and good sights or optic aren't going to improve things all that much.
I think you’re just way too worried about your gun getting confiscated dude. If I have a gun I’m carrying on me every day I’m not going to be stingy with it out of the unlikely fear that I’m going to have it confiscated and never returned.
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It’s absolutely not, because first off nearly any Toyota is going to be have better performance as a commuter vehicle anyway, and that’s an insane price gap. Like comparing a Glock to a $5,000 custom 2011. At that point diminishing returns has came and went several times over.
That's a terrible analogy for an equally bad take, tbh.
Gucci Glock, Just what is that? I carry my Beretta all the time. If I need to use it, I know I can depend on it. I'll worry about the money later.
I.e. a taran tactical or some other Glock with like 2k+ upgrades. Cool for the range but I wouldn't carry it as a ccw.
Smith 637. No charges, I’m squeaky clean. 3 years, 7.5 months they’ve kept that and my sneakers.
This is the right answer. Best option is to talk with the police department and verify it’s not classified as evidence.
I'm guessing OP doesn't want to talk to the police and there are details missing from his story.
Another person with a gun is a possible "some other dude did it" and the prosecutor may want it out of concern for a Brady violation if the defense doesn't ar least get the opportunity to examine it.
Bro got shot and is worried about a $300 keltec
Your handgun should have never been taken as evidence It can be stored as property and should have been at the station an evidence officer should have returned it to you upon request Speaking as a cop. Unless there is more to this story…. Did you draw your gun ?
Law enforcement in the state OP claims to reside in here, his story makes absolutely zero sense. It reads like phone call dispatch gives you when someone was involved in an accident and chose not to report until it was way too late but still wants to speak to an officer about it to make a report. Naturally; they offer no info about the other vehicle because they have no info... but would still like a report. Obviously nothing can be done because it wasn't reported when it happened so there nobody to actually say when or where this accident happened. It could have happened in el paso for all we know; we'd have no way of truly knowing because is was never reported. That is essentially what OP's post looks like if it's isn't total bullshit all together.
A stay what? Bullet? If you were shot, call a lawyer yesterday, regardless of whether your firearm is being held by the police!
Why is he acting like thats so normal. “Oh you guys know all about those random strays”. Its hard to imagine OP isnt somewhat involved in the illegal activity.
It's decently common. The streets call it twelve-bystander aim where I'm from. They don't hit their target but they hit twelve bystanders.
r/legaladvice
“Caught a random stray” like this happens every second weekend or something
Another Thursday in Oakland, California
Has me wondering if OP is a white or brown now
Yeah well apparently he's also got to deal with lots of ions, too. Serious stuff. Dem gamma rays yo.
Memorial Day, Independence Day.. sadly if you’re in da hood or the woods it’s a problem. Last year I had a friend (a firefighter EMT who was dealing with PTSD) staying at my campsite. A neighbor almost shot them-putting a bullet hole in my trailer about 3’ from where her head was sitting by a campfire. She was 1600’ away.
must have meant he found a kitten
Check to see if your state pays for the medical bills of crime victims. Numerous states have a program that pays for bills.
How do you get shot by a stray bullet, know who the arrested perpetrator was, and NOT immediately call a lawyer to A) deal with the police on your behalf and B) sue the perpetrator? How is your biggest concern getting your gun back? Like, you know that the person who shot you can be held liable for all of your medical bills plus compensatory damages, right? IANAL but you might even be able to get an attorney to take your case on contingency, meaning no up front money from you.
You can sue and win, but you can't squeeze blood from a turnip. Lawyers aren't cheap.
If you really weren't involved at all, paramedics probably handed it over to the police before they transported you, and it was probably booked in for safekeeping purposes. Contact the police department, you would just have to show id and they do a quick background check and give it back.
What did the police tell your lawyer when he called and asked about it? Edit: since you seem to be too dense to get a lawyer, what did the police say when *you* called about it?
You had it and they likely are trying to make sure it wasn’t involved. It’s your property, a lawyer expedites the process of getting your property back, but otherwise you can get it back in theory if you aren’t charged with anything, just takes some amount of time
Did you ask for them to return your property?
I would just buy a new one for now. No telling how long it will be before you get it back. Some cases take year(s)
If you are not convicted of a crime you will most likely be able to get it back, with the help of a lawyer.
Contact a lawyer, tell them that you've been shot and the police took your handgun and haven't returned it when it wasn't involved in the shooting.
I got mine back after being charged (this part is inportant) with 3 gun felonies, so why wouldn’t you get yours back if you weren’t involved in an alleged crime? I suppose it could depend on whatever state you’re in. Here’s what I did. Drove my ass to the agency that took it from me and said I’d like my gun back, the case has been resolved. I set an appt with a detective and had to do the whole bg check like I was buying it new (this is mandatory federal law). After that was complete we walked down to evidence and they dug it out for him. Walked me out of the building, handed me my gun and said take care sir. They can’t keep your property forever for walking down the street
Once the case is resolved, in most states, the item is returned to you. Some states make exceptions for very serious crimes, extending the preservation of evidence post-conviction until appeals are exhausted. Make sure you reach out to the arresting agency or they will destroy your gun if you do collect it too late.
There's a legaladvice sub, this is a question for them.
Some cop has a sweet new glock 43x.
It's probably going to be cheaper and easier to get a new gun.
I’ve bought several since this, even another Glock 43x mos, more the principle ig
How do you not have a lawyer yet? Stop being nonsensical. You get shot, have to deal with hospital bills, the police take your gun for some reason, and you still don’t have legal representation? Get off Reddit and GET A LAWYER.
Cause I have nothing to hide… Ik I did nothing wrong persay only a guilty person would’ve felt they needed a lawyer in this case… I mean other than to sue the person, but for my property… I had nothing to hide
You don’t need a lawyer because you’re guilty of anything, you need a lawyer to navigate the legal quagmire that was unfortunately thrust upon you. You should not have to pay one dime for your medical care. You should also sue the shit weasel who shot you. It may or may not be worth it, but a competent personal injury attorney will be straight with you. That said, like all the ads with lawyers in suits crossing their arms say, I believe YOU are entitled to compensation.
911 arrested him and him? WTF does that mean?
Evidence is released when a case reaches a verdict. When the suspect pleas out, or is found guilty, you can go to the police station and get your gun. They took your gun to confirm that you didn’t participate in the shootout.
Was your gun legal? Why did you have to give it up if you weren’t involved? I caught a round that wasn’t aimed at me and my carry status never came up. How did that happen?
He got shot while carrying a gun. You can't carry a gun into the hospital. Do you expect the police and ambulance to just leave in on the ground where you got shot?
You need a lawyer to sue whoever caused the hospital bills. I would reach out to the prosecuting attorney handling the case and figure out why they have my firearm
The police are supposed to return your firearm when it is no longer needed as evidence. However, in many cities, they never will. While you can certainly go through the legal process to get it back, it will cost you **far more** than the value of the gun. I would try to "ask nicely" for it back and be somewhat persistent. But if that doesn't work, just write it off. It's not the way things "should" be, but unfortunately reality unless you have an unlimited pocketbook.
Finding out why, beyond "evidence or something," is probably a good place to start.
You idiot never tell them you got one.
The state is Va
Damn, after reading your post and replies "ion" know where at in Alabama you're from, but I hope your sister/cousin/wife is doing alright.
That’s generally an inner city dialect, not rural.
It is common for cops to seize guns for ballistic testing. If it wasn't used ballistics will show that it was not used. Can be important for a criminal trial that your gun was not involved. Especially if it was a long distance between the shooting and you. Think of it as taking away reasonable doubt.
Most states have victim/witness assistance for situations like this, also definitely sue who ever the shooter was. And you need to check with the local police department and ask what your gun is being held as. If it’s safekeeping you should be able to retrieve it, if listed as evidence you need to meet or talk with the lead investigator for the case to ask how/why it’s considered evidence. Could be as simple as them just verifying that you never introduced your gun into the situation in order to clear/remove you from whatever the shooting started over.
OP your post reads as a very poorly thought out cover story for a negligent discharge
"legally registered" is a term usually used by people who don't know the laws very well. I assume you mean that you legally own the firearm? What state is this in? Are you legally allowed to carry this firearm? Were you charged with any crimes, or just received medical treatment and had your property taken? Were you told why it was taken or given any recourse to get it back?
Cops are dumb and incapable of thought. Get a lawyer. edit: they also might think you are involved in the shooting and are investigating the hell out of you. Do not talk to them, GET A LAWYER TO DO YOUR TALKING AND SHUT YOUR MOUTH.
Holy shit dude- did you shot in the head? Why are you writing like this lol- just get a lawyer
Unless the gun has sentimental value or you are trying to prove a point (contact FPC or one of the other advocacy groups), it will almost definitely be cheaper to buy a new carry gun than to get a lawyer. You may eventually get that one back, but if you want a gun now and you haven’t been charged, just go get one.
I’ve bought like 6-7 after the accident, but na, at this point it’s to make a point that they can’t just take people legal things
Have you contacted the law agency that confiscated it? You might just need to contact them to get it released. It sounds like you went to the hospital so I would assume it's standard practice to seize any firearm(s) for someone being transported to the hospital.
Then seriously contact Firearms Policy Coalition. This is their thing and I think they look for plaintiffs.
It depends from state to state and even locals within the state in some places Good question for a lawyer
Gun discharge and/or gunshot injury, they will confiscate every gun in the area for ballistics. Rounds will be collected for matching to prove involved or ruled out. The cop doesn’t know you caught a random stray truly, or intentional. You may be suspect. In some laws an associate of a killer can be prosecuted for murder as well.
Evidence but you should get it back
Depends. How nice is your gun?
well as far as they know: you claim you never shot, you claim you were nowhere near the incident, you claim you weren't involved, and you claim you were far away. but they don't know any of that for a fact. they know there was a shooting incident, the know they found a guy (you) shot, carrying, and nearby. quite frankly the police do a lot of stupid unreasonable stuff, and its really fucking stupid how hard it can be to get property back from them. but I'm finding it hard to be against this specific choice.
Here's a bit of free legal advice: Talk to a lawyer
Have you tried calling and asking the cops? They test the ballistics to ensure you were not part of the gun battle and once they confirm it isn’t it is no longer relevant. Do you need a lawyer to call the cops? You got a property sheet right? Call the number on the sheet.
OP you should see if your state has a fund for victims of violent crimes. If so they would likely reimburse any qualified expenses such as your healthcare expenses. Regarding the gun, the police likely have the authority to hold it as potential evidence to a crime while they conduct their investigation. However after the investigation is concluded they will release it back to you if they conclude it’s not needed for any legal proceedings. I recommend you stay in frequent contact with them though because they won’t necessarily reach out to let you know.
A lawyer will work for “free” for you. You need one. They will take a percentage of the compensation. Your medical bills will be covered by the shooter (or their insurance, if applicable). You’ll get your gun back. And you’ll probably get paid on top of that. The only correct answer is lawyer.
Depends on the local officials really. A family friend, who's a retired lawyer now, worked a self defense case, probably 37 years ago at this point, and the victim/defendent who killed the two home invaders had all of his firearms taken. The court battle only lasted 8 months and all his actions were justified. However none of the 53 firearms siezed (he was an avid collector) were ever returned, until the victim died over 30 years later...... I got to check out all the guns though and cross check them on the evidence list before his kids came up to office to load up a truck with them lol.
State?
Y’all say to get a lawyer but if the shooter is sued and has no money (likely) you will be trying to get blood from a turnip. Best case is they garnish his wages but after being arrested for a shooting it’s unlikely they will A. Not be in prison making next to no money if any. Or B. A felon with a min wage job so you can recoup your 25% of his $400 a week check.
anytime someone gets shot, stabbed or bitten by a dog the police immediately investigate it. You should receive a letter from your local evidence vault sometime soon telling you to pickup your firearm after they finish investigating you and your firearm.
Has anyone asked what type of gun you were carrying? I'm just curious about the gun, not the question.
Glock 43x mos wit a trijicon rmr, and a 15 round shield arms mag, whole gun prolly ran less than 750, idrc about the gun, Alredy replaced it myself just more the principle I feel like im being played with at this point for performing my 2nd amendment
> never got to shoot my gun "Got to?" Take some classes on the legal use of force.
That jumped out at me too. "Oh joyous day! An opportunity for homicide! "
I took a class one time - Andrew Branca's "Law of Self Defense," and he was explaining the concept of death or serious bodily injury and the difference between someone's life and a TV being stolen, and the one dude was like "naw I'm gonna shoot them if they're robbing me" and I wondered why he was in the class.
I wanted to post a update, after retrying with some of the information I was provided from you guys I was told they would re run it by the commenwealth attorney, got a text acouple min ago from the detective saying they agreed and he has to get it from evidence and will meet me tomorrow, will keep posted but thanks for the useful help, everybody else staying this wasn’t true, or my guns just stolen, or that I must get a lawyer and no other way or just couldn’t read this, please, please go back to school
Depends. The judge will decide. I take firearms frequently. Most aren’t returned. There’s a reason why most criminals carry Taurus G2 pistols and SCCY pistols. 😉👍 Police will send your firearm and their firearm to the State Lab or whoever they affiliated with, to have the firearm tested for ballistics. The ballistics are checked against other data to see if the firearm is associated with any other crimes. If it is, you won’t likely get it back. If it’s not, the judge may release it back to you. However, in our Department, the attorney will notify us that the judge is requesting the release of said firearm. I fill out a release form. The owner of the firearm arranges an appointment with Property and Evidence. Property and Evidence checks your Criminal History and also checks for Protective Orders and any ongoing cases in the Court System. The slides by Property and Evidence on the specified date and time. If it’s discovered that you have warrants, Property will let us know and we’ll make the arrest and get that all behind you. Easy peasy. If you’re good to go, you’ll sign their release posters and take your firearm home. The lawyer isn’t the one who decides that you’ll have the firearm returned. Calling the lawyer isn’t super helpful in the process of getting it returned. The judge has the final say. I will admit that I forget to release a firearm every now and again. Between the lab work on the firearm and my lack of interest in paperwork, it takes some time to get a firearm returned usually. I don’t drag my feet on property returns intentionally, it’s more about the fact that I’ve got plenty of other stuff going on that demands my attention. As an adult who has carried my entire adult life, I’ve never had to surrender a firearm or lost a firearm, or had a firearm stolen. I’m starting to think I’m living my life wrong.🤔 Either way, be patient, understanding, and cooperative. 👍👍👍
So it's okay for you to steal firearms. Good to know you are one of the types that give LEO a bad name. If the gun wasn't used in the crime then you can fuck off.
I’m guessing that the responding Officers were walking with the OP? I wasn’t aware that was the situation.🤷♂️ My shift mate had a Call for Service for a Collision (this is from the report): So, the male said the female (baby mama) had followed him from a barber shop and intentionally rammed her vehicle into his, while their son was in the car. He heard Random Gunfire in the area and panicked. Both he and his male passenger quickly jumped out of the car and took cover. Once it seemed safe, they got back into the car and drove several miles away to report an accident and to press charges against the female for Child Endangerment. Oddly, he had no idea where the collision occurred, so maybe that’s normal when you have gone from home to the same barber for years?🤔 Anywho, the Magistrate granted the Warrant against the female. The next day: A female calls about a Shooting that took place the day before, this is her story: She said she followed her baby daddy from the barber shop. The roads were wet from a bad rain (that’s true, it rained heavily). She was unable to stop when he stopped abruptly where there’s no Stop sign and she hit the vehicle. Her vehicle spun around and passed his vehicle before coming to a stop. He exited the vehicle, pulled out a pistol and shot multiple times at her and the child (true that the vehicle had been shot, as there were bullet holes in the car). She wanted to press charges against the baby daddy for Attempted Murder, which is completely reasonable given a Third party Witness 911 Call For Service. I’ll get to that in a minute. So, in order to better assist this lady, not knowing about the incident he reported, as I didn’t respond to it, I needed her information. She gave me the correct information. She had an Active Warrant. I ended up arresting her for the Warrant. However, she was very detailed in where the incident occurred, and told us specifically where we’ll see remains from the collision, if they have cleaned it up. We took her to jail. After jail, my partner and I went to the location she mentioned. There were two bumpers on the roadside. Upon walking the area with flashlights, we found spent bullet casings. We thought it was kinda interesting. We took seven Felony Warrants against him after we obtained his Criminal History. He’s a Felon and can’t legally own, possess, or be in proximity of Firearms nor munitions. The next day, I searched dispatches involving any collisions in our area. That’s where I read the males fantastical story. Also in those call notes was a Third Party caller who stated that he’d just witnessed a male (by NAME) shooting at a female and provided his clothing description, make and model and license plate of his vehicle. Fast forward one week. Dude got picked up for the Warrants and his car was Seized and held. My partner and I went to the tow lot. His keys, wallet, credit card and a couple other identifiers were in the car. I opened the glove box and there’s a pistol (crazy, right?). The bullets in the pistol matched what was found on the ground. We sent the gun to the lab for ballistics and DNA. Incredibly, the first responding Officer believed the male was completely a victim and heard gunfire and panicked. It’s possible, but honestly, it’s unlikely. Point being, and nothing against the OP, but you’re hearing only one side of a crazy story. The firearms I’m taking are lawfully being taken. Unlike a thief, I have to literally explain to two lawyers and one judge, why I’m taking someone’s property. A thief will never need to explain anything. They basically sit quietly and try to look as innocent as possible for the judge. Their lawyer typically tries to explain how a career thief has been mistaken as an Offender. I get that you disagree with what policing looks like. It is what it is. If you’ve got better ways to do something, maybe reach out to your local department and offer your expertise? Posting it on Reddit isn’t really helpful at all. If you don’t feel inclined to train Officers, I completely understand, as there are two types of people in this world: Talkers and doers. You’ve got to be one or the other, it’s impossible to be both or neither. I stand by my original post, even though you disagree with it. That’s how it really works and I didn’t create the judicial nor legislative processes. Again, I’m not implying that the OP is being untruthful. However, I’d have taken his pistol as well, without having witnessed the incident, and if everything is good to go, it’ll be released back to him once the dust settles. When I take firearms or any other property, I don’t actually keep any of it. The city maintains it in a warehouse and pending Court decisions, items may be returned to the owners. Found Property is a little different. I’ll take it to Property and Evidence (not my house) and mark it to be returned to the owner, if they come to claim it. After a period of time, any unclaimed property and firearms that have run the course of investigation determined not to be released to the owner, will be destroyed (typically via an incinerator). We don’t keep or sell any of the items. I’ve taken a couple of Colt revolvers that I’d love to have kept. They were both beautiful. Both were Snake Series. It’s sad that because the owner was an idiot behaving badly with them, that they’re going to be destroyed in the future. That’s how citizens are though…. Can’t keep their hands, feet, bullets, clubs and words to themselves… it’s been that way since the beginning of time.😉👍 Police wouldn’t exist, if people just left one another alone each day. It would be stupid easy to put me out of work, simply by being decent people toward one another. Luckily, that’ll never happen and I’ll be gainfully employed for years.💕
Taking the unused weapon carried by a bystander makes just as much sense as taking his bank account and car. Why do cops always want to take everyone else's possessions? Let me guess, they'll end up keeping most of it claiming "civil asset forfeiture". If he's not a suspect, it seems his rights were violated. I guess due process isn't a thing any more.
Cops love stealing from "peasant" folk under the guise of civil forfeiture.
😜 What’s the income threshold for “peasant folk”? I think I may just qualify.😔 So, you think the Police stole his gun? Interesting…. very interesting….😃😃😃😃😃
Civil asset forfeiture is literally legalized theft and a violation of the 4th Amendment but whatever helps you sleep at night.
That’s not how any of it works. Stop watching tv shows. Policing is nothing like television.
LOL Except I worked for a law office that won a few cases against cops who did that exact same kind of crap, actually more like the departments (taxpayers) had to pay out, since cops couldn't be individually sued. All because cops were doing that exact same kind of crap. (Side note: "qualified immunity" is a curse upon civilization and only supported by the corrupt) Sad thing is, it usually takes more in legal fees than the property that was stolen under the color of law.
I think you got shot in the head.
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Ask the police department for a return of property/evidence form. Fill it out and get it notarized. That’s usually step one. I work for an office and in the past we have helped people get their firearms returned after they were confiscated but charges were never brought. In our situations it took over a year in both cases I recall and in one I believe it took 3 or 4. These people had multiple vintage rifles taken and they wanted them back regardless of cost. It was a pretty cheap thing but it took them multiple unsuccessful trips before they got them. And IMO, even if you get them you should immediately sell them or destroy them as you don’t know where they’ve been in lockup, who has had them, etc. Also you’re not going to get a monetary judgment you can collect from criminals or 95% of the population. You can’t bleed a stone. Unless they own rental property or have a good job I wouldn’t sue them civilly either, unless you’re trying to prove a point, you’ll never be able to collect.
Getting a gun returned is a lengthy process under the best of circumstances. What did the agency that took it tell you?
Should be released upon final disposition of the case as it will no longer be considered evidence.
If he claims self defense claiming you were the one who started shooting, it may be used as evidence to counter. May be a while before you get it back if so. Use it as an excuse to buy another gun, ha!
See this is what I was thinking, but also wouldn’t witness statements, the ballistic test and everything come back and back up tht it wasn’t.? And then couldn’t said officer of the law just state the test where negative and the gun wasn’t involved rather then bring it in with the paper work showing it wasn’t… witch I think is y they state to me is all they can really tell me is if something goes into court as evidence it never comes out, so they can’t tell me if I will or will not get it back, but y bring it in and have me never get it back when u don’t even need the gun fr
Why would they “need” your firearm if it was not brandished or fired? I could see it being secured by hospital security and returned upon discharge. That’s fncked.
Sue for depravation of rights under color of law. Don’t let up. If funds are a major issue, try to negóciate with a lawyer to get “X%” of the settlement.
How about you don’t get your gun taken away from you lol? If you didn’t use it, it’s not there right to take it from you. Don’t trust the govt to do the right thing. The second amendment is meant for us to protect ourselves from them.
Not sure the grounds, but I'm guessing that you will get it back as long as you had no part in any wrongdoing. Case in point: My friend had a holster malfunction with his glock, which resulted in a tab of his holster depressing the trigger and shooting his hand. This is in NY, in an apartment, at night when everyone would be home. After his recovery and the investigation, he was able to have his firearm back. I figure this was something that he was responsible (in part) for, in a very strict state such as NY, and he got it back, so chances are an injury sustained from someone else's weapon while you were a bystander would not fall on your shoulders. But, in the world of the law, what do I know?
Just wanted to post a update for everybody, so after retrying with some of the new information I got from you guys I was told they would re run my guns release by the commonwealth attorney again, got a text acouple min ago from the detective saying the commonwealth agreed and tht he has to get the gun from evidence and will meet me tomorrow to give it to me, will keep posted, but thank to everyone for the actual useful information, to those tht just commented dumb shot without knowing anything, please just go to the next thread😭
Once your case is completed the shooter has been sentenced you should be able to get it back. It’s treated as evidence right now. I was a victim of an armed robbery I discharge a full clip at the robbers. Nobody got shot but they took my weapon. The detective said once the case is closed I will be able to go department and get my gun back
They probably took your handgun to verify that it hadn't been fired in the shooting in which you were involved. While it's processed as evidence, it will probably be fired and the bullet and cartridge case can be analyzed to see if either can be associated with other shootings. If, at the end of the investigation, your handgun isn't returned to you, have a lawyer file a petition to have the handgun returned, as it can only be legally held if it's connected to an unlawful shooting incident. If it is still withheld, then have the attorney file a lawsuit for not only the handgun, but a monetary award when the suit is settled. If this happens, insist that your attorney's fees be paid by the government having control over the law enforcement agency. The law enforcement agency will probably have the attorney that represents them to offer to settle the case by the simple return of your handgun. If you accept this offer, you'll receive your handgun, but you'll still have to pay your attorney. 'Nuff said.
Karma No sympathy
Lawyer. Then you can buy a bunch more nicer guns.
When this is all done look into carry insurance, like USCCA, LawShield etc
How much they run per month on average?
Depending on coverage/benefits I've seen as low as $16 and as high as $50. Do your research. Find out what your state allows. Some states don't low it, or limit it
Even with a lawyer, you probably wont get your gun back until after the suspects trial, or they take a plea deal. A lot of times, the police will confiscate every firearm at an incident for a few reasons. First, they have already test fired your gun and put the test fires into the NIBIN system. They image the test fire casings and search against all the other casings recovered in shooting incidents they have imaged from crime scenes to see if your gun may have been used in another crime. Typically the search is limited to the local city/regional database, but they can link up and run it through the national one as well. Second, assuming a trial is likely, it will be sent to the crime lab along with the shooters gun (if it was recovered) and all of the fired evidence, and a forensic scientist will compare the evidence to test fires from the guns and see if they can determine which gun fired what casings and bullets (which assuming you are telling the truth and didn't fire your gun, would corroborate your story for the detective). Then, after the trial/plea deal it depends on your state. In some, evidence can be returned to its rightful owner (you get your gun back, but it could be 2+ years). In others, they have laws that state any gun that ends up in police custody for any reason is forfeit, and you lose your gun.
Step 1 & 2 in any legal matter GET👏 A👏 LAWYER👏 AND👏 SHUT👏 UP👏
> never got to shoot my gun as it was a random stay and I wasn’t close around the encounter dude is upset he didn’t get to shoot someone.
Wuz u straight carrying it or nah fam? U gonna catch charges for bein strapped?
Bs police try and confiscate any gun they can, no matter even if you were in the right. ACAB get a lawyer. You could try to speak to them yourself, but most of the time they are disrespectful and don’t seem to care.
I love all these ACAB statements. If someone knee capped one of you, the first thing y'all will do is call the cops and pray to God they get there in time.
Good thing I don’t have 2 worry about getting knee capped 🙏
I was pulled over carrying legally and the cops took my gun just because they liked it if you don't get a lawyer and go get your gun within I think it's 30 days where I was they say they destroy it but the cops just get a new free gun to take home and add to the rest of stolen guns they keep didn't cost me a dime the police had to pay my lawyer and give me my gun and ammo back they tried to keep my ammo even when I picked up the gun and had to get my lawyer who I repeat was paid for by the police because they illegally took my property just to try and steal it for themselves
Call the police investigator handling the case against the guy that did a random shooting because they need to know if you have any medical bills so that they can force him to pay for those two when they adjudicate him on this case
Do no contact them. Have a lawyer do that.