Ask an Attorney: Will my gun be confiscated after a self-defense incident?

If the firearm you used in a self-defense incident is confiscated at the scene, how will you prepare to defend yourself until you get your firearm back?

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If the key word is “firearm” then I will just use one of my other “firearms”.

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Good point, let me tweak my question so there’s no confusion.

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@Dawn just don’t tweak it so my answer makes me look crazy. Thanks :rofl:

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It’s tweaked, your answer is still good. :slight_smile: Now if you change it to make yourself look crazy, don’t go blaming me. :smiley:

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I believe one should always have two handguns, and never use your home defense gun as your CCW. The both should be suitable of one’s style of carry.

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On this topic but a different question. If you are involved in a shooting incident it’s pretty certain that the firearm in question will be confiscated, got that.

Now here is the bigger question. Will my CWP be suspended? You can have a spare bang stick but if you can’t carry … what now?

I work in the Private Security Services industry, I’m a PM for a cabling company and we install security cameras and are regulated by the state. If I am involved in a firearms incident I am required by law to report it within 24 hours and history indicates my Registration will be suspended immediately.

Cheers,

Craig6

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“Two is One, and One is None.”

^^^ applies in the situation where they take your gun because you defended yourself, as well as in the situation where something breaks. Have a spare.

… move to a constitutional carry state where you don’t need the government permission to carry a firearm.

Ok, maybe that doesn’t give you immediate relief, but in MO, unless I’m restricted by a court, I can carry, OC or CC, permit or no permit.

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I thought my USCCA insurance replaced it?

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I use a similar all the time “One is None, Two is One” Drives the President of the company nuts when he asks me for a pen and I hand him two. :stuck_out_tongue: Course he doesn’t realize I hand him one that doesn’t work and one that does :rofl:

Cheers,

Craig6

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@Gary_H_aka_Gary12 we’ll ask @Dawn :smiley:

Great question, @Gary_H_aka_Gary12! Your USCCA membership may replace it if it is not returned from the police after the case is resolved.

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That’s why I subscribe to the Larry Potterfield school of thought on how many guns you should own…:grin:

So to be serious, for a quick second…lets combine this with a current legal trend and that is “red flag” laws and will being involved in a defensive shooting where your gun is confiscated for evidence (until after the trial maybe longer) trigger the remainder of your guns being confiscated by police (since you were just involved in a shooting and had your gun confiscated)?? Things that make you go hmmm :thinking:

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Yes, they will take my gun and i will carry a different gun.

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As a Deputy Sheriff, I learned to ALWAYS have a backup!!

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Welcome to the group @Susanette!

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I agree completely @Susanette! Welcome to the Community and thank you for serving! I remember someone asking me what I would do if they took my duty weapon off of me. Without going in to how we regularly practice firearm retention and how difficult it can be to disarm someone with a double or triple retention holster I told them simply, “I’d have to shoot you with my other gun.” Their response, “Oh?”

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I have a question… Under what conditions will they order the firearm be destroyed?

Years ago, I was a juror in a case where a citizen was charged with some type of assault, and we found him not guilty. This was the only charge we were to decide on. He was guilty of improper storage/transportation of a firearm (not part of the case), and the assault charge was brought because he was sleeping in his wife’s vehicle while waiting to drive her home from work when an officer noticed a jacket in the back seat (which contained a loaded firearm). The firearm was purchased legally. The judge ordered the firearm be destroyed.

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That is an interesting question, @Scotty… Hold that thought for a moment and we’ll see about getting you an answer. :slight_smile:

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@Susanette. Welcome Susanette happy you’re here.

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