I know I will most likely have to check with Local LE agencies. In the unlikely chance that I would be in a situation where I would shoot someone in self defence. Would I have to give my pistol up for awhile or would I be able to keep it. One more question in that same situation what would Happen from the time the police got there what would have to do. BTW I live in Wa. if that makes a difference.
quick question
1 - 11 of 11 Posts
These questions are why most LEO's don't frequent this section of the forum. Notice that this is the 1911 Forum. We are supposed to talk about the 1911 in LE duty. We can "what if" or "how to" all day.
You already answered you question. Check with local law enforcement.
good shootin', gunny (LEO)
You already answered you question. Check with local law enforcement.
good shootin', gunny (LEO)
This is generally true for Washington State. But, be aware--check your local laws, too.
1. Read RCW 9.41 concerning firearms. Insure that you know where you CAN carry, and where you CAN'T. Good rule of thumb--if there is a sign on the door saying you must be 21 to enter, you usually cannot carry there. Also off limits are: Federal buildings, court houses, police stations, and most city, State, or Federal facilities.
2. BEFORE you carry, I highly recommend that you buy and read the book, "In The Gravest Extreme", by Massad Ayoob. Also, consult an attorney, and have them explain to you about the situations and circumstances under which you can use deadly force. Be aware: even drawing your weapon can be considered use of deadly force.
3. Don't even think about warning shots. You can be arrested for reckless endangerment for capping one off into the air. Also, forget about "shooting to wound". In the eyes of the law, there is no such animal. If the situation has deterioriated to the point where you must shoot, it is considered using deadly force, whether you hit center mass, in an extremity, or miss altogether.
4. If you DO shoot, you should: a. Call 911, request an ambulance and police response. MAKE DAMNED SURE YOU IDENTIFY YOURSELF IN THE SMALLEST DETAIL TO THE DISPATCHER. Remember, when officers respond, the only thing they know is that there were shots fired.
5. Call your attorney.
6. Right before the officers arrive, it would be a VERY good idea to safe your weapon, and reholster it. DO NOT GREET THE POLICE WITH A GUN IN YOUR HAND.
7. OBEY THE COMMANDS OF THE OFFICERS IMMEDIATELY, AND WITHOUT QUESTION. Do not reach for ANYTHING. You will most likely be proned out, handcuffed and searched. Do not take this personally; the officers must ensure their safety, and the safety of those around them.
Yes, you WILL have your weapon taken. You MIGHT spend some time in jail too, unless the circumstances are so crystal clear concerning your use of force that the officer and their supervisors can exercise some discretion.
NEVER, EVER, MOVE ANYTHING AT THE SCENE OF A SHOOTING. If your assailant had a weapon, your best move would probably be to stand over it, or right next to it. DON'T LET ANYONE ELSE PICK ANYTHING ELSE UP, EITHER. This includes spent brass, rocks, trash, etc.
Again, your best bet for up to date information is to contact an attorney dealing in criminal law. They can tell you of any changes in case law or published law that might affect you. Your local prosecutor would be a good place to start.
Good luck, and stay safe.
1. Read RCW 9.41 concerning firearms. Insure that you know where you CAN carry, and where you CAN'T. Good rule of thumb--if there is a sign on the door saying you must be 21 to enter, you usually cannot carry there. Also off limits are: Federal buildings, court houses, police stations, and most city, State, or Federal facilities.
2. BEFORE you carry, I highly recommend that you buy and read the book, "In The Gravest Extreme", by Massad Ayoob. Also, consult an attorney, and have them explain to you about the situations and circumstances under which you can use deadly force. Be aware: even drawing your weapon can be considered use of deadly force.
3. Don't even think about warning shots. You can be arrested for reckless endangerment for capping one off into the air. Also, forget about "shooting to wound". In the eyes of the law, there is no such animal. If the situation has deterioriated to the point where you must shoot, it is considered using deadly force, whether you hit center mass, in an extremity, or miss altogether.
4. If you DO shoot, you should: a. Call 911, request an ambulance and police response. MAKE DAMNED SURE YOU IDENTIFY YOURSELF IN THE SMALLEST DETAIL TO THE DISPATCHER. Remember, when officers respond, the only thing they know is that there were shots fired.
5. Call your attorney.
6. Right before the officers arrive, it would be a VERY good idea to safe your weapon, and reholster it. DO NOT GREET THE POLICE WITH A GUN IN YOUR HAND.
7. OBEY THE COMMANDS OF THE OFFICERS IMMEDIATELY, AND WITHOUT QUESTION. Do not reach for ANYTHING. You will most likely be proned out, handcuffed and searched. Do not take this personally; the officers must ensure their safety, and the safety of those around them.
Yes, you WILL have your weapon taken. You MIGHT spend some time in jail too, unless the circumstances are so crystal clear concerning your use of force that the officer and their supervisors can exercise some discretion.
NEVER, EVER, MOVE ANYTHING AT THE SCENE OF A SHOOTING. If your assailant had a weapon, your best move would probably be to stand over it, or right next to it. DON'T LET ANYONE ELSE PICK ANYTHING ELSE UP, EITHER. This includes spent brass, rocks, trash, etc.
Again, your best bet for up to date information is to contact an attorney dealing in criminal law. They can tell you of any changes in case law or published law that might affect you. Your local prosecutor would be a good place to start.
Good luck, and stay safe.
Joined
·
497 Posts
I hate to jump in on keelan's question but this is just about what I wanted to ask.
If a gun is used in self defense and kills someone, is it destroyed or do you get it back? This is a general question, for all US states.
If a gun is used in self defense and kills someone, is it destroyed or do you get it back? This is a general question, for all US states.
There is no standard. You will have to ask each state or really each jurisdiction. I purchased a .44 mag that was used in a homicide from the neighboring county Sheriff's Office. It just depends.
The original question as to weapons taken for evidence also depends on jurisdiction. If we don't have any questions about the legality of the shooting we don't take the gun (after all the guy might need it again!). If there is likely to be an indictment then we do.
Sorry I can't be of more help.
Cordially,
Jim Higginbotham
So long as we don't get too "off the wall" most L.E. related questions are acceptable in this forum. I too sort of avoid the hypotheticals since they lead down a thousands "bunny trails" but so far we have not dropped any of these threads.
I might look to another source for authority if you think the 1911 is not well represented in Law Enforcement.... Everyone from the LAPD to the FBI authorizes it (some for selected members of service and some for general use). There are several LEOs on this list who do indeed pack 1911s if you need assuring
Cordially,
Jim Higginbotham
Yes, I know them both, quite well. Doug Osterdahl is still here, as well as Dave Voss. Both were my TAC officers at the first Academy I attended--the Reserve Academy held in Enumclaw in 1997.
------------------
"Be not afraid of any man, no matter what his size;
When trouble rises, call on me and I will equalize."
------------------
"Be not afraid of any man, no matter what his size;
When trouble rises, call on me and I will equalize."
This is just a guess but I would say 25% of the total agencies in the country allow the 1911 as a duty sidearm (no real figures but in my travels that is proably a conservative estimate of what I have seen)... every agency in our county allows it. Most of them in TX do and that is a substantial number officers in and of itself. Of course I don't travel much in the "Eastern Block" so one's personal experience may not be a good guide (from either perspective).
Just a thought.
Cordially,
Jim Higginbotham
In most instances it will be taken for part of the investigation process .
It may be returned at the discretion of the Judge , P.A. .
It could be forfeited as part of a plea bargain ( makes the p.A. feel good ) .
The procedures in your Jurisdiction will be as varying as cars on the Road .
Just be prepared for it to be taken . Thats why I have two guns exactly similar so that if mine is taken ( per Dept.regs in a Shooting ) that I have another to fall back on . After all that bad guy you just smoked will have relatives , freinds that may want a peice of you for shooting their beloved .
------------------
S.L. Caldwell
Leathercrafter
Rafter S Gunleather 417-277-5636
www.raftersgunleather.com
It may be returned at the discretion of the Judge , P.A. .
It could be forfeited as part of a plea bargain ( makes the p.A. feel good ) .
The procedures in your Jurisdiction will be as varying as cars on the Road .
Just be prepared for it to be taken . Thats why I have two guns exactly similar so that if mine is taken ( per Dept.regs in a Shooting ) that I have another to fall back on . After all that bad guy you just smoked will have relatives , freinds that may want a peice of you for shooting their beloved .
------------------
S.L. Caldwell
Leathercrafter
Rafter S Gunleather 417-277-5636
www.raftersgunleather.com
1 - 11 of 11 Posts
