Firearms taken into evidence!?!?

[Njgunowner 2]

If we are going to make up stories way not make up a happy one? I choose to find my local cops competent to see a home invasion when it happens. You are welcome to assume yours are either to dumb or to worried about their job to go ahead and press an investigation when one is not warranted.

 

Your delusional. You'll be carted down for questioning and your gun WILL be confiscated for an indeterminate period of time until either law enforcement is satisfied it was self defense or your are cleared in court. ( in this state it'll be court) You will then spend a couple of years petitioning the police for the return of said firearm, and I wouldn't be surprised if every pistol permit you applied for got held up several months for as long as you lived in that town.

 

You don't live in the United States, you live in New Jersey.

[Handyman 5,682]

If you think a hatchet-murderer rapist is about to break into your residence, the best legal chance you stand in NJ is to put your home defense weapon in your mouth and pull the trigger.

 

That way, at least you won't feel the hatchet and raping...

[ZOMBIE 19]

If you think a hatchet-murderer rapist is about to break into your residence, the best legal chance you stand in NJ is to put your home defense weapon in your mouth and pull the trigger.

 

That way, at least you won't feel the hatchet and raping...

 

 

I would rather be tried by 12 then carried by 6 no matter the legal outcome

[bry@n 195]

I am a fan of the 2 is one platform. So I have 2 of the same gun for HD. When it comes to a shotty, I have two mossberg 500's.

[reloaderguy 30]

If your guns are confiscated I know for a fact they they are thrown into a 55 gal drum at the station and not properly handled so they will not be returned to you in the same comdition that you gave them.

[Belmopan Gringo 5]

To expand on a previous post on the seizure and return of 1) a weapon used in self defense, and 2) other weapons in the home.

 

As mentioned earlier, if you invite the police into your house after the shooting, or the police have a reasonable belief that they need to enter in order to protect against imminent harm, they can seize any evidence that is in plain view. Presumably that would include the weapon discharged in self defense.

 

They do not have a generalized right to search the house because it is a potential “crime scene.” There are exceptions, such as the “Rescue Doctrine” and the “Public Safety Exception” that could hypothetically give the officers the right to search other parts of the house without a warrant (see State v. Stephenson, 350 N.J. Super. 517 (App. Div. 2002)), but these probably wouldn’t apply here. Thus, the police would have no right to look for or take other weapons without your permission.

 

Assuming, however, that they took possession of the gun which was fired as well as other firearms in the house, the following statutes and interpretive cases would apply.

 

If the guns seized are potential evidence of a crime, they can be held until the investigation and prosecution (if any) are completed. See Forfeiture Statute (NJSA 2C:64-1 et seq.) in general and 2C:64-4 in particular which states: “Seized Property: Evidentiary Uses. A. Nothing in this chapter shall impair the right of the State to retain evidence pending a criminal prosecution.” See also State v. Cataldo, 294 N.J. Super. 527 (Law Division): “A motion for the return of non-contraband property seized as evidence is premature while criminal prosecution is still pending.”

 

If, at the conclusion of the investigation, it is determined that there was no crime, all the weapons must be returned if they were legally owned before the shooting. See NJSA 2C:64-1: “Property Subject to Forfeiture. a. Any interest in the following shall be subject to forfeiture and no property right shall exist in them: (1) * * * firearms that are unlawfully possessed, carried, acquired or used[.]” See also Dragutsky v. State, 262 N.J. Super. 257 (App. Div. 1993): “When property seized is not prima facie contraband, forfeiture measures must be enforced by a civil action instituted within 90 days.”

 

Reading all of these statutes and cases together, the most likely scenario would be that the State would take possession of the gun that was used in the shooting and hold onto it until they determined that it was not evidence of a crime. It would then be returned. Considering, however, how long some investigations take, it could literally be years before you get it back.

 

If they ask you if you have other guns (which they probably would), you would face a dilemma. You can’t lie to them without obstructing justice. If you told them yes, they would probably ask you to turn them over. You could politely decline to answer any questions without consulting your attorney, but that makes it look like you are tying to hide something. Most people would say yes and the other guns would probably be confiscated.

 

Assuming that it is obvious that the other guns had nothing to do with the shooting (for example, the perp was shot with a pistol and the other guns are shotguns), the State might voluntarily release them back to you, or you could file a motion with the Court to have them returned. If there is any possibility that they may be evidential, however, you won’t get them back until the investigation is over and you are exonerated.

 

The moral of the story? If you shoot someone, you will lose the weapon you used for a long time, and may lose the rest for quite some time as well.

[Ray Ray 3,566]

For some members here with family, your not only am defending your home and life but your family members as well. I'll do WHATEVER it takes to keep my family alive. They can have the gun I use, KEEP IT! I'll get another one.

[M4BGRINGO 139]

That's right Ray, I have several Rem 870's. Take the one that saved my butt, I have more to use.

[Holeshot 3]

Hope you have a few hundred Thousand Dollars for your Defense Attorney..you are going to need it..not that it'll do you much good.

 

IF ANYONE HERE IS EVER INVOLVED IN AN SD SHOOTING, then When the police arrive, hand them your gun, and say something similar to this. "I was in fear for my safety, and/or that of My family. I understand you folks have a job to do, and I don't want to make it more difficult, but I do not wish to answer any questions about the Incident, or make any statements without Counsel present." If you are not feeling well, IMMEDIATELY ask for medical attention. Also, do some checking, find a Local attorney, and make sure you have his or her number available. I wouldnt make a statement concerning an ON DUTY shooting without Counsel present no matter HOW justified I was..you all shouldnt either.

 

Thank you Kpdpipes for your posts, I only hope these guys are listening to you.

 

I have spoken with two leo's who were personally involved in justified shootings and were both cleared of any wrong doing but they told me EXACTLY what you have been posting in these threads.

 

I also have a friend who is a retired leo he was a member of swat as well as a training sarge for his dept. He always told his men if they were ever involved in a shooting to say nothing without PBA counsel.

 

The point is if you are involved in a shooting, ANY shooting in NJ the least of your worries will be what happens to the firearm you used.

[JaredC 6]

once i read in a criminal justice book..... a robber broke into a house... the homeowner shot and killed him.... the homeowner then took one of his unregistered handguns and put 3-4 rounds into the wall behind where he shot the robber from..... took off his rubber gloves and put it in the dead guys hand.....

 

what do you guys think?

 

 

personally if it happened to me... i dont think i would call the cops... just dispose of the **** like the trash he was

[Babaganoosh 192]

once i read in a criminal justice book..... a robber broke into a house... the homeowner shot and killed him.... the homeowner then took one of his unregistered handguns and put 3-4 rounds into the wall behind where he shot the robber from..... took off his rubber gloves and put it in the dead guys hand.....

 

what do you guys think?

 

 

personally if it happened to me... i dont think i would call the cops... just dispose of the **** like the trash he was

 

:facepalm:

[Shane45 807]

An article was done by Ayoob a long time ago cataloging a number of cases that would have been good shoots but turned into BIG trouble for the shooter because they tampered with evidence or the scene. I agree with his stance to not mess with ANYTHING. Forensic science will likely uncover anything wrong and that changes the perception of you imediatly!

[exfed2002 4]

what do you guys think?

 

 

Enjoy your indictment and the loss of any credibility you might have had.

 

That crap hasn't worked for years.

[hd2000fxdl 422]

once i read in a criminal justice book..... a robber broke into a house... the homeowner shot and killed him.... the homeowner then took one of his unregistered handguns and put 3-4 rounds into the wall behind where he shot the robber from..... took off his rubber gloves and put it in the dead guys hand.....

 

what do you guys think?

 

 

personally if it happened to me... i dont think i would call the cops... just dispose of the **** like the trash he was

 

I think you would have just dug yourself a hole too deep to get out of..

[JaredC 6]

possibly.... if a robber breaks in i can always call the cops and wait til the robber kills me and my family... no big deal lol

[vladtepes 1,060]

this thread is a complete train wreck..

 

the point was simple.. something I had not really thought about.. so to discuss with others..

 

* if you don't care about losing a $3k+ gun then sure.. use the best of the best.. do whatever you want..

* if you would rather not have your prized AR wasting away in an evidence locker grab the $300 shotgun..

 

I think that is essentially the end of this thread.. all the other nonsense about rolling bodies out into the trash.. turning different guns into the police.. seriously... wtf.

[67gtonut 847]

I agree..... thread has run its course.....