I think that all the cop bashing in this thread is uncalled for. As a NJ resident I have a right to defend my life and my property. The cops will uphold that right. To just assume otherwise is to sell your local law enforcement short.

Hate to break your balls, but rumor has it, if your use a fire ARM that you legally posses, they take all of your firearms and do ballistic testing and what not on them. No different then when u get a temporary restraing order, or arrested as a violent crime. You must forfiet your weapons

 

That I can't see but don't know for sure, I'd like to see what Paul or Alan have to say on this. Now I could see that if there were other extenuating circumstances but not in a semi-normal HD situation.

 

I do know I have friend in other states that have had their firearm take as part of the investigation and the latest one is by a retired fireman who defended his neighbors home in TX. Justified shooting and no problems for him legally, both criminal and civil, but getting his gun back has taken longer than he was anticipating, but he will get it back.

Hate to break your balls, but rumor has it, if your use a fire ARM that you legally posses, they take all of your firearms and do ballistic testing and what not on them. No different then when u get a temporary restraing order, or arrested as a violent crime. You must forfiet your weapons

 

Not to sidetrack but if my firearms aren't registered how would they know what I have? plus if I just had to shoot someone I would be afraid that their "homies" might seek retribution. I would not feel safe if they took everything from me?

Assuming the police were legally present becaue you invited them in, or because they forced their way in believing that a violent crime was in progress, the police can seize any evidence in plain view which suggests that a crime was committed. This would presumably include the weapon used in the shooting. There is, however, no "homicide investigation" exception to the Fourth Amendment, so unless you voluntarily give them other guns you have, they can't just search and seize them. See Flippo v. West VIrginia:

 

A warrantless search by the police is invalid unless it

falls within one of the narrow and well-delineated excep-

tions to the warrant requirement, Katz v. United States,

389 U. S. 347, 357 (1967), none of which the trial court

invoked here.#2 It simply found that after the homicide

crime scene was secured for investigation, a search of

"anything and everything found within the crime scene

area" was "within the law." App. A to Pet. for Cert., at 3.

This position squarely conflicts with Mincey v. Arizona,

supra, where we rejected the contention that there is a

"murder scene exception" to the Warrant Clause of the

Fourth Amendment. We noted that police may make

warrantless entries onto premises if they reasonably

believe a person is in need of immediate aid and may

make prompt warrantless searches of a homicide scene for

possible other victims or a killer on the premises, id., at

392, but we rejected any general "murder scene exception"

as "inconsistent with the Fourth and Fourteenth Amend-

ments- . . . the warrantless search of Mincey's apartment

was not constitutionally permissible simply because a

homicide had recently occurred there." Id., at 395; see

also Thompson v. Louisiana, 469 U. S. 17, 21 (1984) (per

curiam). Mincey controls here.

 

The police would take possession of the weapon they believe was used in the shooting and any other evidence they validly seize, discuss it with the prosecutor and only release it if they conclude that no crime was committed. They can hold it forever if they believe that it might be evidence of a murder (since there is no statute of limitations for murder). If they wanted to take other weapons that you legally possess, they would have to get a warrant.

Yup.............and some use to engrave it with a dremmel machine.....with evidence numbers and such.

Lol. If they're going to seize my firearm after the shooting I should just use the rolled up magazine and matchhead shotgun they use in prison! I'll even use the wife's family circle magazine so I don't even miss a beat.

Your self defense weapon should be the best performing gun you can afford for the intended purpose. Buying a cheap gun in case it is taken by the police is false economy to the extreme.

Paying $2k to save myself or my family is damn cheap IMO.

I think that all the cop bashing in this thread is uncalled for. As a NJ resident I have a right to defend my life and my property. The cops will uphold that right. To just assume otherwise is to sell your local law enforcement short.

 

I dont think anyone has had anything bad to say about the police what-so-ever. People are disagreeing with you. You believe that just because you have "well trained and intelligent cops" in your scenario, they will let you hold onto the weapon you just used to kill someone. That doesnt make sense to me.

I think that all the cop bashing in this thread is uncalled for. As a NJ resident I have a right to defend my life and my property. The cops will uphold that right. To just assume otherwise is to sell your local law enforcement short.

 

No offense, but you be CRAZY!

yes vlad but you do get it back in time

No offense, but you be CRAZY!

 

No one is arguing that!

Am I the only who would care less if they took possesion of my firearm, after an incident where I had to discharge it in my home to protet myself or my family? Assuming it was a righteous shoot, my family was unharmed, and I was still breathing - take it as part of your investigation (just give me a receipt). Similar to how any possesion in my home is not worth dieing for and completely replaceable, so are my firearms, I do not have an emotional attachement to them - they are all tools, they are all S/N 100k of 100,000k's, and all replaceable.

 

not the only one...

but I certainly am going to weigh that into consideration when deciding which to dedicate a hd gun.. while my AR might be "better" than my CX4.. they would both adequately get the job done in a HD situation.. so picking one that has least financial investment into it seems to make sense..

Hmmm....So use your good shotgun for home defense and after the deed is done take the cheapo mossberg in the basement, unload a few rounds into some old pillows, and give that one to the police........................

 

Just what will they find from a shotgun anyway? A rifle or handgun is another story, unless you have something small using .410, but that round may not be effective except for pissing someone off.

They can tell, specially if the spent shells are from another gun

Hmmm....So use your good shotgun for home defense and after the deed is done take the cheapo mossberg in the basement, unload a few rounds into some old pillows, and give that one to the police........................

 

Just what will they find from a shotgun anyway? A rifle or handgun is another story, unless you have something small using .410, but that round may not be effective except for pissing someone off.

 

Not to derail, but go watch hikcok45's video of the Judge on Youtube. I think 4 00 or 000 buck, or even #4 out of that thing would do more than just piss you off.

 

Hmmm....So use your good shotgun for home defense and after the deed is done take the cheapo mossberg in the basement, unload a few rounds into some old pillows, and give that one to the police........................

 

So, you are advocating making a false representation to a law enforcement authority by knowingly misrepresenting that a different gun was used in the shooting? Assuming they figure out that the gun you used was not the gun you gave them, both guns become evidence of the crime of tampering or fabricating physical evidence (2C:28-6) and when you are convicted, both guns get forfeited under 2C:64-1(2) as property used in an illegal activity.

 

I know that you're joking, but if any other Forum member sees your post and thinks, "Hey, that's a good idea!" ....it may not be the best one I have heard.

If I shoot someone in my house it is because it is justified. No crime, no need for an investigation. No way I would surrender my arms as evidence when I have done nothing wrong.

 

You pull the trigger on someone in this state, and the local prosecutor will be all over you.

 

In some counties, you will be arrested, and at the very least, charged with discharging a firearm within city/township limits, until self defense is 'proven'.

I think that all the cop bashing in this thread is uncalled for. As a NJ resident I have a right to defend my life and my property. The cops will uphold that right. To just assume otherwise is to sell your local law enforcement short.

 

hahahahaha

 

Special K, I think you are borderline delusional on how you think the scenario will unfold and all the consideration you will be afforded because you told the nice officer you were justified.

so anywho.. you shoot someone in self defense in your home... does that not become evidence now?

 

makes me think there is something to be said for a cheap mossberg pump.. it is far more appealing to turn over a $300 gun than a $2,000 AR15..

In this state? yes it does. Whether or not you ever get it back will vary by County..I know for CERTAIN, that the Hudson County Prosecutor's Office will never, EVER release a firearm from evidence that has been used in a Shooting of a person, fatal or non...LEO or Non-LEO IS it RIGHT? Nope, but it is what it is.

So you are saying every cop in this state is incompetent and will conduct an investigation when no investigation is warranted?

 

If i Shoot someone in the Line of Duty, My weapon is going to be taken and an investigation WILL be conducted.

In my scenario I have well trained intelligent cops. I believe in my towns cops to do the right thing when the time comes.

 

I have news for you..THEY won't be doing the Investigation...County Prosecutor's Homicide Unit will be doing it.

Not to derail, but go watch hikcok45's video of the Judge on Youtube. I think 4 00 or 000 buck, or even #4 out of that thing would do more than just piss you off.

 

 

Thanks

Hmmm....So use your good shotgun for home defense and after the deed is done take the cheapo mossberg in the basement, unload a few rounds into some old pillows, and give that one to the police........................

 

Just what will they find from a shotgun anyway? A rifle or handgun is another story, unless you have something small using .410, but that round may not be effective except for pissing someone off.

 

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.

Also, from my experience of force on force training and seeing other students attend as well I would suggest many people would.

a) not be in a clear frame of mind after the event, they would be in shock and not necessarily thinking some of the points mentioned above about what to do etc

b) would not recall all the details of what had just happened

 

The above experience was just from training, I expect the real life situation would produce more significant effects on an individual.

 

TheWombat

so anywho.. you shoot someone in self defense in your home... does that not become evidence now?

all your **** becomes evidence...

makes me think there is something to be said for a cheap mossberg pump.. it is far more appealing to turn over a $300 gun than a $2,000 AR15..

get a 175.00 h&r pardner pump at dicks, cheap and works.

 

Unfortuneatly, this is NJ and I guarantee, right or wrong, if you are involved in a self defence shooting in your home OR place of business, the police will confiscate ALL registered weapons that they have a record of you having AND any rifles or shotguns that they happen to see in the process.

It will then be up to you and an expencive attorney to start the process of retrieval AFTER you've been cleared of wrong doing.

The ONLY exception to this, would be someone with strong personal connections to the local police hierarcy, or in a position of great political power within the state.

 

I don't make reality, but I do live in it.

Lol. If they're going to seize my firearm after the shooting I should just use the rolled up magazine and matchhead shotgun they use in prison! I'll even use the wife's family circle magazine so I don't even miss a beat.

 

explain this please.... lol

you guys would call the cops if you shot someone in your home???? i would be too scared i would go to jail for life...lol