Wednesday, January 14, 2009

And There Was War in Heaven

I'm in mortal combat with Mama Liberty!

:)

She sent me this.

Short story: a guy shot a bad guy in defense. The police took his gun.

I wasn't overly concerned, and replied:
It's the gun used in the shooting so forensics can run tests and ballistics can corroborate or challenge his statements. If they took all his guns, that would be one thing. In this case, it's pretty routine practice, plus they do it to "Only One" service weapons as well.
She ain't havin' none of that, and shot back:
Dear David,

Right, and if it is his only gun, he's sol until they give it back unless he can afford to buy another one - provided they LET him buy another one. Police often hold such guns for YEARS, since they are "evidence."

I don't buy it. There is no need for ballistics or any other tests on the gun since he acknowledges that he shot the criminal. There is nothing to prove that way. The autopsy would be the only way to tell the trajectory or path of the bullet in the body to verify his account of the shooting. The gun itself has nothing to do with it.

I understand forensics, evidence gathering and the autopsy process very well. Confiscation of his gun is BS. Sorry. :)
I just thought you might like to see a girl beat me up.

16 comments:

  1. My feeling is give them the brass so they have the complete bullet. If they want the firearm itself, let them get a court order for it.
    In Idaho the police can only take away someone's gun if it was involved in a felony. They can ask and make you think you will be arrested if you don't give them a gun that's not involved in a felony. But if someone has some meth freak doing a night time break in and is a danger. If they do use deadly force to protecte the family. In Idaho simply ask if I committed a felony and if not and you are not going to arrest me for that go pound sand. You have no rights to the firearm.

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  2. Thanks for the grin this morning, David. (These days, a grin means something.)

    For those who have any doubts about this crowd being all about principle, I give you this exchange between DC and ML.

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  3. Cops ought to have a loaner gun program. If they need one of yours for evidence, and get a court order to hold onto it for a few hours, they should let you test drive one of theirs. The manufacturers could get on board and compete to have their guns be the ones that are loaned out (the idea being that it's such a wonderful guy you'll run out and buy one just like it).

    Isn't that how this works?

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  4. SNAP!

    You know that MamaL. is always right. Don't take it too hard, many of us have been schooled such.
    Go ML!

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  5. Spanked!

    Hence the name "Mama Liberty"...lol

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  6. Heh! She got you good, David!

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  7. Normally I prefer to side with David, but sometimes all you can do is sit back and watch the train-wreck happen. This is the part where she really puts the boot in:

    "There is no need for ballistics or any other tests on the gun since he acknowledges that he shot the criminal. There is nothing to prove that way."

    I'm not sure that *I* would be admitting to having shot the furball, but it's not me at issue here.

    I like the loaner-gun idea, or at least that they should provide you an escort home so that you can get #2 off the rack, if you've got one.

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  8. Yeah, David, she did beat you up on that one. You aren't often on the wrong side of an issue, but damn, eagle-eyed MamaL caught you out on that one.

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  9. You people are enjoying this entirely too damn much.

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  10. If it makes you feel any better David, MamaLiberty can spank me anytime.

    How's that for support?

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  11. There's a reason I carry mid-priced good firearms. I wouldn't want one of my $2000+ 1911s locked up in police evidence for years. $6-700 guns would be tolerable, if annoying and they all hit nicely when I operate them. It's a thing to think about when you're choosing a carry firearm.

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  12. If it was a justifiable shooting and the guy admitted to capping the idiot there’s really no reason for the police to confiscate the gun. Reminds me of a righteous shooting back in Dallas many years ago. But, that’s a rather long story y’all don’t really want to read.

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  13. You've fallen prey to one of the classic blunders, Dave.

    The best known is, never get involved in a land war in Asia. But only slightly well-known is this: Never mess with Mama.

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  14. You guys... :)

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  15. For those peaceable citizens still attempting to jump through hoops wearing their government-issues Chains of Liberty(tm), this can also be a serious problem for folks who own more than one reliable handgun, but weren't able to beg for more than one handgun on their "permit".

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  16. Right or wrong, it's "standard procedure". Realize that you are dealing with some people who belong to all three of these classes: Lawyers (CYA personified), gov't bureaucrats (anal idiots), and cops (control freaks). Not an iota of empathy in the lot.

    Had a buddy years ago who did in a goblin in a real, honest to good gawd gunfight. The cops congratulated him, and took his gun - fortunately he had replacements - until the DA issued an official "no-bill". Then they gave it back. Had it for about a year.

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