If I am involved in a shooting where I am justified, released by the local LEO, or otherwise exonerated for the shooting, can I reasonably expect to ever have my firearm returned to me from “evidence”?
Does my legal protection as a USCCA member extend to legal representation to ensure that my property is returned?
NOTES:
a) I realize there are certainly differences based on state and jurisdiction. I am a NV resident and routinely travel to WA and OR. I would not violate any laws, however, it is possible that I could find myself in the situation of using a firearm that had been securely and legally stored when in a jurisdiction where I could not “carry”, but I had accessed a firearm legally and safely stored and within the guidelines of the laws for that jurisdiction.
b) I have in the past kept a backup carry firearm, preferably a duplicate of my primary.
However, I just gave my son and daughter almost all of my firearms so they can be armed in this uncertain time. I raised and trained them to respect and handle firearms safely and it is legal for me to gift them with these and for them to own them in their legal jurisdiction. In the interim I have a pistol available, but not my preferred firearm for CCW.
This gives me the “opportunity” to carefully select my next CCW pistol and I find I’m interested in something like the Staccato C/C2 Duo or Wilson Combat Glock 19. I am reticent to spend two to three thousand dollars on a pistol, light, and optic that will be confiscated should I be required to use it to defend myself or others. If there is a reasonable chance I might have my property returned I may consider it, otherwise I’ll probably buy something that I consider to be “disposable”.
c) I am NOT asking for advice on what handgun I should buy!
d) I am NOT asking for advice on caliber selection or other considerations for “women’s” guns and calibers.
e) I am ONLY asking for legal advice in the context of my support from the USCCA based on my being a member and for the legal jurisdictions mentioned and specifically for the QUESTIONS section above.
f) I am NOT asking for advice on when, where, and how I should use a firearm.
I’m a new USCCA Elite level member. Having searched the videos and topics I cannot find this topic. If I missed it I apologize and would appreciate links.
Kate, sorry for your current state of affairs, but that is why it is important to have the USCCA to call on.
I have decided to carry the most effective weapon possible, but no the highend weapon that I own. I have always thought that if a weapon is used and thus been taken as evidence a high end weapon will be “lost” in the following months awaitting a final verdict. The group that holds the weapon in evidence has a responsiblity to return your weapon, but statement of in what condition it will be returned exist. If the weapon was disassembled to aid in the investigation. You can bet if it returned it will be in the last stated condition.
I used a weapon that is reliable but the cost the cost id much less than some of my other weapons. In other words I would walk away knowing my $400.00 Canik will never be returned, but it would be hard to walk away from my Wilson Combat 1911.
Just my thoughts, good luck in your case I hope it works out for you.
I asked the same question last year, I am going to try to link the reply. If not successful with the link, I will provide a hyperlink to the whole thread.
I understand where you’re coming from and very good questions I’ve considered a great deal myself. I have over 1k invested in my EDC gun and I would hate to lose it, but at the same time, my family and my safety are why I invested that much in the defensive firearm I chose. I pray none of us ever have to face that scenario.
Whether you get your gun back will usually depend on the jurisdiction where you live. I am a Kentucky attorney so cannot give advice on Nevada law.
ASs for getting a replacement you should refer to the USCCA Membership agreement. See also the quoted section regarding firearm replacement.
c. Replacement of a firearm, up to its manufacturer’s suggested retail price, that has been confiscated as a result of an “occurrence”, provided that:
i. no criminal charge or indictment will be brought against, or there has been a dismissal or acquittal of all criminal charges or proceedings against, the member as a result of the “occurrence”; and
ii. it becomes reasonably certain that the firearm will not be returned to the member.
@MikeBKY
Thank you! I’m a new member and am trying to figure things out. I haven’t even gotten my member packet yet. Even once I get it there’s a lot to go through so I appreciate you pointing out the exact answer to my question!
Your reply is exactly what I was hoping for! Unfortunately that means I have NO excuse for not buying a $2,499 Staccato C2 Duo… First World Problems huh?
Sorry for what you must be dealing with right now. IF you were a member during this time allow USCCA to-do their job [Meaning allow them to make your life easier].
Sorry if there was a misunderstanding guys! This has NOT occurred to me. I am simply trying to make a determination about what to get for a new CCW pistol and wanted to know if USCCA would help get my pistol back after a justified shooting. @MikeBKY answered my question on that.
Thanks!
Kate
In my CCW class our instructor cautioned that such is the reason for putting more than one firearm on your permit (in CA you have to list the serial #'s of which firearm(s) you carry on the permit)
Kate, I have a STI Nitro 10MM and it is the finest weapon I own. I am sure you will love you new StaccatoC2. Customer service is withour equal, any question I have had has been taken care of as if I was the only customer they have.
Good Luck, hope you never need it in your defense.
@Texas_Kate - So glad you are here with USCCA, and the rest of the crew. Glad
you found the info you were looking for. I have considered this situation myself,
I did not investigate it very far and I thank you for jogging my memory. Mike_T
My EDC is a Colt Defender in .45 that I’ve added Trijicon HD night sights , Crimson trace laser grips , Chip McCormick mags , tuned up action , Kimber recoil spring kit , etc. . I have another set up the same with an ambidextrous safety to boot . The " spare " uses all the holsters , mags , ammo , etc. of the other and has been tested , broken in , and ready for carry . If I have to use the first , I know it will be taken , but I’ll be without only as long as it takes me to get home . Remember evil never takes a day off and has been known to have friends .
Chris
Excellent point @Chris67. My initial question was about getting a firearm back should I have to use it, and @MikeBKY answered that, but having a similar backup is a good idea!
Well , my point is that if your gun is taken ( or lost , or broken ) most people think they can go down to a store and buy another . They don’t take into account that they may be out of stock , or that it may be on factory backorder . Also , if it has special sights , lasers , or modifications done , that will take time to gather . Then , would you bet your life on an untested piece of equipment ? You’ll need to sight in the gun , then put a couple hundred rounds through it for reliability check ( and what if this one isn’t or has a problem ) , all of which takes time , during which you are unarmed . Having a ready to go back-up solves this .
Chris
