If you shot a home invader, would the police confiscate the gun used in the shooting?

For the better or for the worse?

If there is a dead guy things get a lot worse. The level of scrutiny goes up, and questions which would otherwise be self-answering must now be answered by the investigation.

-Mike
 
You have to admit though, they are pretty close.

IMO they're not even in the same country kind of close, not even in MA. MA is bad but you still have the right to defend yourself.

I would take my chances with the MA legal system 8 days a week and twice on sunday over the alternative (Death or serious bodily harm).

-Mike
 
In Mass, it is a practical certainty that you will be deemed unsuitable for LTC purposes after being involved in any shooting, justified or not. There are notable exceptions to this, but this is the generally accepted rule.

A 'practical certainty' that you will be deemed unsuitable? I hope you have some concrete evidence to back up such a bold and blanket statement.
 
So the moral of this story, if I correctly follow this, is after a self defense shooting pretend you are having a heart attack and call an attorney on the way to the hospital in the ambulance.

How about a quick call to friend/family member to get to your house and clean out your safe once the police leave? Possibly have said friend or family member move your collection to NH where MA has not jurisdiction, thus protecting your investment. What, if anything could they do to you at that point? If you're going to lose your LTC anyway what difference would it make at that point?
 
As far as whether you would get arrested, who knows, there is a good chance of that happening in ANY state, not just MA.

Not a good chance in most states. In most states, like the one I grew up in, you wouldn't need to fear prosecution; and in my old state I doubt they'd even take the gun as evidence in most places.
 
If you shot a home invader, would the police confiscate the gun used in the shooting?
Yes, the gun is evidence and would be taken for forensics testing. You might get it back if no charges were filed and/or if charges were filed but you were found not guilty.

or would they arrest you? provided you had at least an FID card and legally owned the gun.
Expect to be arrested. You might or might not end up getting charged.
 
really? even in your own home? you're not obligated to leave your home and can defend yourself under MA castle law.
They would investigate the shooting. To do so, they would need the gun, and you. So they would take both with them back to the station.

I'm asking this because I saw an episode of Steven Seagal's reality police show where an old guy shot someone in his home.
the guys was invited over but got drunk and violent so the old man fired a warning shot. the drunk came at him and the old man put one
in his chest. when the police came they heard the story, put the gun away for the old man and left. case closed! it was in louisiana.
the drunk went to the hospital.
1) don't believe everything you see on TV, particularly if it involves Steven Segal.
2) in particular, don't believe everything you see on unreality shows.
3) in case you hadn't noticed, you don't live in Louisiana, and the authorities here recommend against self-help.

Individuals involved in their first defensive shooting are a complete basket case and in no shape to be talking to investigators.
Particularly without the presence of their attorney.
 
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Seeing as we're all talking hypothetical here.. Wouldn't it be more practical to bury the body and stonewall any/all questions?
Go for it, what could go wrong? [rolleyes]

Congratulations, you just turned a justifiable shooting into first degree murder and earned yourself the mandatory sentence of life without parole.
 
So the moral of this story, if I correctly follow this, is after a self defense shooting pretend you are having a heart attack and call an attorney on the way to the hospital in the ambulance.
You probably won't have to pretend. The after effects of the adrenalin dump will have you feeling like crap. I've had adrenalin dumps on a couple occasions. I was shaking so bad my arms were bouncing 1", my blood pressure was over 170, and my heart rate was above 150. Not fun.
 
This is full of win!!

OP, now that you've set your self up, if/when this does happen to you...Marsha will have plenty to prosecute you on.
 
If you shot a home invader, would the police confiscate the gun used in the shooting?
or would they arrest you? provided you had at least an FID card and legally owned the gun.

Just a thought, any answers?
Absolutely. Even the obvious must be investigated and proven. It's common practice for any gun used in a police shooting to be taken as evidence (and replaced with another duty gun).

There is an excellent chance they would probably also confiscate your LTC and any gun in your home since, until the conclusion of the investigation, your role in the reality play is "suspect".
 
In Mass, it is a practical certainty that you will be deemed unsuitable for LTC purposes after being involved in any shooting, justified or not. There are notable exceptions to this, but this is the generally accepted rule.
.

I'm not so sure. I do have personal knowledge of an out-side-the-home shooting that did not even come close to having this outcome.

They would also confiscate you and you would feel I'll, request to go to the hospital, and call your attorney on route.

So, true. If you WANT to go to hospital, they HAVE to take you.

Individuals involved in their first defensive shooting are a complete basket case and in no shape to be talking to investigators.
I'd hate to think anyone would have to go through it twice.
 
In mass, basically, you will be "guilty" until proven inocent. The gun laws here are basically in favor of the intruder. You have to be in "mortal danger" at home, and prove it, (if you come out alive) to use your firearm. Outside your home, even on your yard, you need to run like a "coward", and again, unless you are cornered, and cannot escape and prove that you could not get away, and again, in mortal danger, and again prove it, and then some more, you will be in deep trouble. Funny stuff.
In all cases the weapon will be taken away as evidence and you may not like the feel of hadcufs, even if is briefly. There is an article written by Att. Carl A. Lanzilli "Legally Speaking: Self Defense and the Law" that covers this topic.
 
Mass castle law may not be a "true" castle law but it does state that the person dweling in a place or legally can be there does not have to retreat and can use force to protect themselves if felt threatened. this is a paraphrase of their website. u would have to pray that the perps family wouldn't press charges. forget cokley and her "retreat" crap.
 
There was the case from Wilbraham a year or so ago where the intruder (known to the homeowner) forcibly entered the house, and after repeatedly being told to leave, advanced up the stairs with a broken glass or bottle, and was shot by the homeowner while his wife was on the phone with the 911 dispatcher. I don't know if his firearm was temporarily seized, but the police department and DA's office quickly determined that no charges would ensue.

I can't find the press reports of the incident, and my NES Google-fu is not working well enough to find our discussion of the incident, but I believe that the homeowner was not arrested or detained, as the facts were clear.
 
They would also confiscate you and you would feel I'll, request to go to the hospital, and call your attorney on route.

THIS! Heart palpitations, difficulty breathing, nausea, etc. are all to be expected after shooting another person. The only communication you should make (other than stressing how ill you are) is moaning. As soon as an attorney arrives you'll probably feel much better and can be interviewed by the authorities.

Hey, your health is nothing to fool around with! [wink]
 
How can anyone tolerate living under such conditions?

Blood bonds are not strong enough to put up with that shit.

A mother and MIL, both in their late 80's, have a strong influence on our desire to leave this $hithole.

Sometimes you have to put up with a lot of crap to fulfill your obligations. My bride and I aren't happy about the situation. We're just doing what we feel morally obligated to do. When all is said and done, that's the bottom line.

In some ways, I guess it's like serving a prison sentence. They can cage your body, but not your mind and spirit. Our bodies may be in the PRM, but our minds and spirits sure as hell aren't.
 
How can anyone tolerate living under such conditions?

Blood bonds are not strong enough to put up with that shit.


You know Jose I believe this to be true more and more I see in this state everyday...

NH bound for sure in the near future at the very least

Even then though I often consider NH just North Mass now..
 
Only in Mass. or similar gun-hating places. Here they'd just hand you back your gun, congratulate you on your shooting skills and give you a medal for cleaning the streets.
 
There is an excellent chance they would probably also confiscate your LTC and any gun in your home since, until the conclusion of the investigation, your role in the reality play is "suspect".

Just throwing the question out there. If your spouse also holds a LTC and the weapons are co-owned or even some of her own. Would they have legal confiscation rights to all guns on the property?
 
There was the case from Wilbraham a year or so ago where the intruder (known to the homeowner) forcibly entered the house, and after repeatedly being told to leave, advanced up the stairs with a broken glass or bottle, and was shot by the homeowner while his wife was on the phone with the 911 dispatcher. I don't know if his firearm was temporarily seized, but the police department and DA's office quickly determined that no charges would ensue.

I can't find the press reports of the incident, and my NES Google-fu is not working well enough to find our discussion of the incident, but I believe that the homeowner was not arrested or detained, as the facts were clear.

Is this the one you are referring to?

http://www.masslive.com/news/index.ssf/2009/05/wilbraham_condo_owner_who_shot.html

The logic applied here actually seems somewhat sane.
 
I'm not going back to read this whole thread, but I'd be more worried about the police taking ALL my guns, rather than the one I used for self defense. I figure if I use a gun, the police will take it. But if you have others at home??????

If I were forced to use a firearm in my home, God forbid, I hope the investigation wouldn't take my old guns in the safe.
 
Just throwing the question out there. If your spouse also holds a LTC and the weapons are co-owned or even some of her own. Would they have legal confiscation rights to all guns on the property?

What I've had confirmed to me by a detective is that they will likely confiscate ALL guns in the house. They won't get into a "that's mine, that's hers" debate . . . they all go . . . and likely to The Village Vault or The Powderhorn, never to be seen again by the rightful owners. The one gun used in the incident has to stay with the PD as evidence of a potential crime, but all the others can be shipped to a bonded warehouse ($50/gun for pickup + $x/day/gun for storage fees).
 
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