Justified shooting, modified handgun, CIVIL LIABILITY???

One question I have not seen addressed (unless I missed it somehow) is that when a shooting is "justified" do the authorities ALWAYS confiscate the firearm of the shooter?

And if they do confiscate said firearm, what investigation of it do they perform, if any? Do they only use the barrel to verify ballistics? Do they merely keep it until the shooter is absolved? Do they detail strip it and check each part for 922r compliance?

I just don't know how they'd know whether a firearm was really "modified". Do all forces have a firearms expert who is familiar with 100% OEM weapons and which "modifications" that can be performed to those weapons would be considered applicable to the abstract of "intent"?

I doubt it.

Ah.....the ole 'racing stripe' routine.

You got a racing stripe put on your Yugo so you must be a fella who was going to do 125 in a school zone.

roscoe13 said:

So, rather than ask the people who WROTE these things you read for examples, you want US to do YOUR research for you????

Roscoe

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Let me start off by thanking all who took this OP seriously and did there best to answer his question.

All our lives we are taught by our parents, teachers, and other various intructors that there is no such thing as a stupid question. Then you have a person come to the place where he knows the most knowledgable people on any firearm subject can be found, and he asked a question that he feels is a valid question, he then get belittled by someone on here. I believe if you do not have something constructive to say, just don't say anything. When I was a brand new OCer, I had to ask several questions and have learned a tremendous amount from the people on here. So in the future I think it would be a good idea to maybe not be so critical of someone asking a question.

Perhaps a tad bit off topic, in the event you do have to shoot somebody, it is important that you keep your yap shut! Not because you may inadvertently say something which the police or prosecuting attorney could use against you in court (although a valid concern) but even if you managed to get a responding officer who was understanding, and a D.A. who didn’t want to pursue charges against you., there are still the cadre of ambulance chasers and personal injury lawyers who can easily subpoena the notes the responding officer took down after arriving at your shooting incident and can twist those notes around any number of ways to make you look like Charles Branson on a vigilante rampage.

Always.speak.through.a.lawyer!

It may cost a bit upfront, but it beats having a lien placed on your home, savings and kids college fund by a shyster Saiontz & Kirk litigator out to get money for the family of the “sweet little angel” who you shot.

wylde007 said:

One question I have not seen addressed (unless I missed it somehow) is that when a shooting is "justified" do the authorities ALWAYS confiscate the firearm of the shooter?

And if they do confiscate said firearm, what investigation of it do they perform, if any? Do they only use the barrel to verify ballistics? Do they merely keep it until the shooter is absolved? Do they detail strip it and check each part for 922r compliance?

I just don't know how they'd know whether a firearm was really "modified". Do all forces have a firearms expert who is familiar with 100% OEM weapons and which "modifications" that can be performed to those weapons would be considered applicable to the abstract of "intent"?

I doubt it.

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If I may add to your question, if they do take it, and I'm quite sure they would, can go carry one of your other handguns once you are free to go?

SouthernBoy said:

If I may add to your question, if they do take it, and I'm quite sure they would, can go carry one of your other handguns once you are free to go?

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If you are not charged with a crime, yes.

wylde007 said:

If you are not charged with a crime, yes.

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Why couldn't you carry if you were charged Wylde. It's the conviction that counts and even then, only if it was a felony conviction.

peter nap said:

Why couldn't you carry if you were charged Wylde. It's the conviction that counts and even then, only if it was a felony conviction.

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That's how it SHOULD be, yes. If you follow the case of MKEgal on the Wisconsin forum, the punishment for the crime of which she is charged CANNOT include forbidding firearms possession, yet the judge has ruled that she cannot possess before the trial! Talk about STUPID, and criminally so. This gal is brave to stick with this and will be rewarded with the civil lawsuit that we will have to wait years for.

peter nap said:

Why couldn't you carry if you were charged Wylde. It's the conviction that counts and even then, only if it was a felony conviction.

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I suppose I expected that being charged with a crime involving a firearm and someone else being dead would likely begin as a felony and you would probably be looking at a hefty bail amount.

I guess I just equated (wrong as it may be) "charged" with "incarcerated". At least, temporarily.

WalkingWolf said:

Well you have been here a year or so, have you seen it brought up? Did you try a search? Sorry if I seemed course, but the laws are pretty clear on self defense in most cases. In fact there was a father who beat a man to death to defend his daughter, and he is not being sued for using his fists. The law allows you to use any means necessary if your life is put in danger. A few states do have restrictions on ammo type. In some cases where it was illegal to have a gun, and a gun was used in self defense the shooter was still found not guilty. A famous case in NYC, I do not know if he was sued or not, but don't remember any mention of it.

Most times also the individual gun is not made the example of scrutiny. The media focuses on things such 'auto' or 'assault rifle' and use the same basic pictures instead of the actual guns when reporting. Most police and the public would have no idea if a gun has been modified.

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He will not face criminal charges, being sued indicates a civil suit.

I have always heard that you should never use hand loaded ammo or highly modified (or even slightly modified) weapons if it makes them look more dangerous, but I have nothing to actually support this.

wylde007 said:

If you are not charged with a crime, yes.

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i'm on my phone so this will be short with no cite -- possesion is not allowed for those inder indicement -- or at least thats what i remember ill look it up if power ever returns

sstay safe