Confiscation of firearm used in self defence (NH; not MA)

[doobie]

I had a question, hopefully I never have to find out, but if someone were to break into my house and I shot them. Is my pistol/rifle that I shot them with considered evidence that the police are going to confiscate it? What if I put the gun away into my safe before the police arrive and refuse to give it to them until I have a lawyer?

 

[Raoul Duke]

I would imagine that, until the trial, the firearm is THE key piece of evidence and thus would be taken into custody until it was no longer useful. I imagine that, upon being cleared of ALL charges, one might petition the state for the return of one's property, though I have no proof of this.

 

[News Shooter]

I'm sure one of the lawyers will chime in, but I doubt seriously if the cops are going to let you lock it up in a safe and not give it to them

 

[Rob Boudrie]

Here in MA, you will be very (actually, unbelievably) lucky if they don't confiscate ALL of your firearms immediately, and even more lucky if they don't turn them over to Peter Down to run up ransom fees while the legal process sorts things out.

 

[MaverickNH]

I recall a discussion with a NH resident who used his handgun in a clear case self-defense in the home. He saidd the Chief said he had to take the gun, but wouldn't take his carry permit or any other guns.

I'm sure it varies with the event, the local authority, the prosecuter, etc.

I doubt

 

[doobie]

I would imagine that, until the trial, the firearm is THE key piece of evidence and thus would be taken into custody until it was no longer useful. I imagine that, upon being cleared of ALL charges, one might petition the state for the return of one's property, though I have no proof of this.

BUT if the police come to the scene and classify it as a self-defence shooting, then there would be no charges and no trial.

 

[P-14]

BUT if the police come to the scene and classify it as a self-defence shooting, then there would be no charges and no trial.

In an ideal world, maybe. It may not always be so clear-cut to them and for an investigation they would look at all the evidence before recommending action to the DA or for the Grand Jury. The gun would go until the investigation is over.

In MA, it is likely that all the guns would go along with the one used in self defense - just to keep you from being irrational and harming others in self defense.

 

[bostonasphalt2]

BUT if the police come to the scene and classify it as a self-defence shooting, then there would be no charges and no trial.

The officer on the scene does not determine whether or not charges are to be filed, the district attorney does

 

[Big Daddy 45acp]

The officer on the scene does not determine whether or not charges are to be filed, the district attorney does

And many times the DA goes against the advice/conclusions given by the police!

 

[M1911]

You may remember an incident that occurred in Arlington several years ago. A woman was home alone when she heard someone break-in to her porch. She opened the door to her porch and told the man to leave. He advanced towards her. She retrieved her gun, pointed it at him, told him to leave. He laughed at her and kept advancing. She shot once, hitting him in the neck. The perp then decided to leave, and was caught by police shortly afterward. He was "known to police" and was convicted.

But her LTC was suspended, all all of her handguns and ammunition were seized. It took about a year before she was able to get her LTC back. And this is just about as clear-cut as a self-defense situation can be.

Why would you want to try to keep the police from getting your firearm in such a situation? You know that they will get eventually, don't you? Wouldn't putting it in the safe and refusing to give it to them just cause them to think you were hiding something?

 

[doobie]

Why would you want to try to keep the police from getting your firearm in such a situation? You know that they will get eventually, don't you? Wouldn't putting it in the safe and refusing to give it to them just cause them to think you were hiding something?

Because I only have one handgun and if they confiscate it then I have to keep a rifle as my HD weapon and I'd rather the handgun, since in any kind of trial my rifles would all be 'oooh scary'.

That and I no longer have anything to carry as a personal defence piece when I go out anywhere.

 

[M1911]

Because I only have one handgun and if they confiscate it then I have to keep a rifle as my HD weapon and I'd rather the handgun, since in any kind of trial my rifles would all be 'oooh scary'.

That and I no longer have anything to carry as a personal defence piece when I go out anywhere.

If you are involved in a shooting, they will seize your gun as evidence. They will mostly likely send it, and any bullets and casings recovered from the scene, to the state crime lab. The lab will test to see if the bullets and casings came from that gun. They will likely also test the perp's clothing for gun powder residue, and then perform tests on your gun and ammunition to see its gun powder residue patterns at different distances. This will help them estimate your distance and orientation from the perp at the time of the shooting.

If you are lucky, they will let you keep your LTC and the rest of your guns. But I doubt that would happen. Most likely the chief will suspend your LTC and size all of your guns and ammunition. Yes, that does suck.

Stashing the gun in your safe would merely make the police think you are hiding something. You would also be giving them a reason to get a search warrant to open your safe, and I suspect they would then search the entire contents of your safe.

 

[pdm]

If you are involved in a shooting, they will seize your gun as evidence. They will mostly likely send it, and any bullets and casings recovered from the scene, to the state crime lab. The lab will test to see if the bullets and casings came from that gun. They will likely also test the perp's clothing for gun powder residue, and then perform tests on your gun and ammunition to see its gun powder residue patterns at different distances. This will help them estimate your distance and orientation from the perp at the time of the shooting.

If you are lucky, they will let you keep your LTC and the rest of your guns. But I doubt that would happen. Most likely the chief will suspend your LTC and size all of your guns and ammunition. Yes, that does suck.

Stashing the gun in your safe would merely make the police think you are hiding something. You would also be giving them a reason to get a search warrant to open your safe, and I suspect they would then search the entire contents of your safe.

Doobie's in NH, might change things. But you make a good point for us MA inmates.

 

[doobie]

If you are involved in a shooting, they will seize your gun as evidence. They will mostly likely send it, and any bullets and casings recovered from the scene, to the state crime lab. The lab will test to see if the bullets and casings came from that gun. They will likely also test the perp's clothing for gun powder residue, and then perform tests on your gun and ammunition to see its gun powder residue patterns at different distances. This will help them estimate your distance and orientation from the perp at the time of the shooting.

If you are lucky, they will let you keep your LTC and the rest of your guns. But I doubt that would happen. Most likely the chief will suspend your LTC and size all of your guns and ammunition. Yes, that does suck.

Stashing the gun in your safe would merely make the police think you are hiding something. You would also be giving them a reason to get a search warrant to open your safe, and I suspect they would then search the entire contents of your safe.

There'd be no way in heck they would get any firearm or ammo beyond what was used in self defence. I guess if they take my pistol then I'll have to start rifle OC'ing when I go places.

 

[Scrivener]

There'd be no way in heck they would get any firearm or ammo beyond what was used in self defence.

 

[jdubois]

Yeah, really. Doob, even if you're in the right, getting into a Ruby Ridge scenario just wouldn't end well for you.

 

[Raoul Duke]

Yeah, really. Doob, even if you're in the right, getting into a Ruby Ridge scenario just wouldn't end well for you.

well, at least not over that.

 

[Big Daddy 45acp]

There'd be no way in heck they would get any firearm or ammo beyond what was used in self defence. I guess if they take my pistol then I'll have to start rifle OC'ing when I go places.

Police: Mr. Doobie, we have a report of gunshots in this area.

Doobie: Not here Sir. Must have been the excavator backfiring.

 

[doobie]

Police: Mr. Doobie, we have a report of gunshots in this area.

Doobie: Not here Sir. Must have been the excavator backfiring.

haha, nawh report of gunshots wouldn't do much....maybe if it was 2am...but during the day...nope. I could open up my front door and shoot the Jim's 900grn 500 S&W into the ground 7 times and no one would call the police. I have heard people shooting as early as 5:30am and as late as 10:00pm around here.

Of course the *fun* thing would be if burglars cut my phone line before coming in the house. My cell phone doesn't work around here... I'd be trying to raise someone on the HAM radio...

 

[06LemansC6]

Doobie's in NH, might change things. But you make a good point for us MA inmates.

I think the fact is living in NH is far different. First of all you do not have a duty to retreat if someone breaks into your house. You are allowed to protect your home with deadly force. I would not be surprised if the gun involved was taken as evidence until the end of the investigation. Here in NH we do not register our guns, so the police have no idea what or how many you own.

Doobie why not purchase another pistol or two? I have to ask though, what are the chances of not only needing to protect yourself with a firearm not just once, but twice? I mean really, what are the odds?

Just in case you're interested here is the NH RSA. Note that is states use ANY unlawful force in the commission of a felony against the actor within such actor's dwelling or its curtilage. So unless the BG runs for the hills it would be reasonable to believe that he intends to use unlawful force.

627:4 Physical Force in Defense of a Person. –
II. A person is justified in using deadly force upon another person when he reasonably believes that such other person:
(a) Is about to use unlawful, deadly force against the actor or a third person;
(b) Is likely to use any unlawful force against a person present while committing or attempting to commit a burglary;
(c) Is committing or about to commit kidnapping or a forcible sex offense; or
(d) Is likely to use any unlawful force in the commission of a felony against the actor within such actor's dwelling or its curtilage.
III. A person is not justified in using deadly force on another to defend himself or a third person from deadly force by the other if he knows that he and the third person can, with complete safety:
(a) Retreat from the encounter, except that he is not required to retreat if he is within his dwelling or its curtilage and was not the initial aggressor; or
(b) Surrender property to a person asserting a claim of right thereto; or
(c) Comply with a demand that he abstain from performing an act which he is not obliged to perform; nor is the use of deadly force justifiable when, with the purpose of causing death or serious bodily

 

[MarkM]

Because I only have one handgun and if they confiscate it then I have to keep a rifle as my HD weapon and I'd rather the handgun, since in any kind of trial my rifles would all be 'oooh scary'.

That and I no longer have anything to carry as a personal defence piece when I go out anywhere.

Sounds like a good reason to go shopping.

How can someone only have one handgun??

 

[doobie]

Sounds like a good reason to go shopping.

How can someone only have one handgun??

Cuz when I have money it goes to ammo or a new rifle.... I have a second handgun, but it's a 22lr.

 

[Raoul Duke]

I have a second handgun, but it's a 22lr.

As far as I see that only means that you're required to keep pulling the trigger until you run out of bullets, before pistol whipping them into annoyance and finally aggravating them right out the door.

 

[Cross-X]

Note to self -- Use a cheap gun...

 

[doobie]

As far as I see that only means that you're required to keep pulling the trigger until you run out of bullets, before pistol whipping them into annoyance and finally aggravating them right out the door.

Bwahhahaha! I'll have to keep that in mind. The front site would probably be the killer. I cut myself on it ALL the time.

Well, my town is pretty pro-gun. When I accidentally set my alarm off, and the police came I had no ID saying I lived there and my car registration didn't match my license plate. It was my word that I lived there....while I searched for proof in my car. I was OCing. She only asked me to keep my hands away from it and that as long as I was legally the owner of the house I had every right to carry it.

 

[doobie]

Note to self -- Use a cheap gun...

And find a good lawyer.

 

[abiffmaster]

If you put it away in the safe and require them to get a warrant to open/search the safe you are asking them to then question which gun was used... This could result in them taking all your guns into evidence until they could determine which one was used.

 

[doobie]

If you put it away in the safe and require them to get a warrant to open/search the safe you are asking them to then question which gun was used... This could result in them taking all your guns into evidence until they could determine which one was used.

True. I'll probably put it somewhere then and not say anything unless they ask for it.

Of course what I'll probably get in most trouble for is waiting too long before calling the police, because unless my phone is somewhere I can get it while in view of the perp, I'm not leaving him if I still feel he is a threat.

It could be a few minutes before I call the police...or a lot more before I contact them depending on if the perp cut my phone lines....

 

[M1911]

I think the fact is living in NH is far different.

Agreed. I thought he was in-country with the rest of us inmates.

First of all you do not have a duty to retreat if someone breaks into your house.

No difference there. The same is true in MA.

 

[mikem317]

Put it in the safe and refuse to surrender the firearm? The prosecutor would be all over this. I'd think it's in your best long-term interest to surrender the firearm that was used.