Will They Take Your Gun After A Self Defense Shooting?

Published on May 6, 2022
Duration: 3:31

In the event of a self-defense shooting, police will seize the firearm used as evidence. While you will eventually get your gun back, the timeline can be lengthy, potentially exceeding two years, as demonstrated by the Kyle Rittenhouse case and an early Wisconsin concealed carry incident. The return of the firearm is contingent on the investigation's outcome and the prosecutor's discretion, with anti-gun states potentially delaying returns.

Quick Summary

After a self-defense shooting, police will seize the firearm as evidence. While you will eventually get it back, the process can take over two years, depending on the investigation's outcome and prosecutor's discretion. No compensation is provided for the time without your gun.

Chapters

  1. 00:00Firearm Seizure as Evidence
  2. 00:26What Happens to Your Gun?
  3. 00:40Scene Security and Evidence Collection
  4. 01:10Evidence Locker Procedures
  5. 01:24Long Wait for Gun Return
  6. 01:29Kyle Rittenhouse Case Example
  7. 01:37Early Wisconsin Concealed Carry Case
  8. 01:50No Compensation for Lost Carry Time
  9. 01:58Other Guns and Ammo Seized?
  10. 02:08Serious Allegations and Convictions
  11. 02:22The Value of a Backup Gun
  12. 02:36Summary: Gun Seizure and Return Pain
  13. 02:45Prosecutor and State Influence

Frequently Asked Questions

What happens to a gun used in a self-defense shooting?

After a self-defense shooting, police will seize the firearm used as evidence. It will be logged, photographed, and stored in an evidence locker. The return of the firearm is contingent on the investigation's outcome and potential charges.

How long does it take to get a gun back after it's seized as evidence?

The time it takes to get a firearm back can be lengthy, often exceeding two years. Cases like Kyle Rittenhouse's demonstrate extended delays. The duration depends on the investigation's complexity and the prosecutor's decisions.

Will police take all my firearms if I use one in self-defense?

Typically, only the firearm used in the self-defense incident is seized as evidence. Other firearms and ammunition are usually left untouched, unless there are very serious allegations or a conviction that prohibits firearm ownership.

Does the state compensate you if your gun is held as evidence?

No, law enforcement agencies generally do not provide compensation for the time you are without your firearm when it is held as evidence following a self-defense shooting.

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