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  1. #1

    Default Lethal force in SD

    Hi There.
    I was at the firearm shop earlier today and I was having a chat with a fellow gun owner.
    He said that unfortunatelly he had to use his .45 to save his own life before, by killing a guy.
    He said that even thou it was 100% self defence, his gun got taken away for 6 months while the case went on.

    He also stated that no matter the reason, if you kill someone, they will take your firearm away until the case is over.

    Is this true?


    If i have to use my gun to defend myself or my family, will it be taken away for the duration of the case?

  2. #2
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    Default Re: Lethal force in SD

    A friend of mine just got his pistol back after the cops confiscated it 3 months ago for ballistic testing after he was accused of pointing his firearm at someone. Within a couple of days after his pistol was confiscated, the prosecutor withdraw / closed the case as witnesses confirmed my friend never pointed or even drew his pistol. It still took him 3 months to wait for the cops to finish their ‘tests’ and then they forced him to sign some sort of “indemnity form” so that he can not sue them for damages etc to his pistol while it was with the cops. At first he refused to sign said indemnity form but they then refused to give him his pistol and told him to f-off and get a lawyer. He signed the form, got his pistol back and yes – lots of damage (scratches, dents, broken sight etc) and his carry ammo was gone; used for ballistic testing…

  3. #3
    Moderator SSP's Avatar
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    Default Re: Lethal force in SD

    The police may take your gun for testing, or for use as evidence if you have to shoot someone.

    They don't always do it though. It depends on the cop and the circumstances.

    Thats why its good to have more than one.
    Cattle die, kindred die, every man is mortal:
    But I know one thing that never dies,
    the glory of the great dead.
    Havamal

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    Default Re: Lethal force in SD

    And in addition to what SSP said, having a good criminal lawyer who you can call any time of day or night is essential. He/she may be able to arrange you keep your pistol (and your ass out of jail) and take it in for supervised ballistic testing.

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    Default Re: Lethal force in SD

    Quote Originally Posted by SSP View Post
    The police may take your gun for testing, or for use as evidence if you have to shoot someone.

    They don't always do it though. It depends on the cop and the circumstances.

    Thats why its good to have more than one.
    More than one cop or more than one circumstance?

  6. #6

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    How can one find a good criminal lawyer?

  7. #7
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    Default Re: Lethal force in SD

    I contacted my cousin who is a lawyer (and a gun owner who carries 24/7). He advised me to contact him during day light hours and then he recommended and put me in touch with a crim lawyer to call after hours. I trust his judgement, he said this crim lawyer was one of the best in Durban and is the lawyer he will call if he is involved in a shooting. I suggest getting in touch with your regional law society for listings of criminal lawyers.

  8. #8
    Member parthyc's Avatar
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    Default Re: Lethal force in SD

    I agree it depends on the cop on the spot. Fired my FA twice at BGs who got away. Not hitting anyone (that we know of). First time FA stayed with me after explaining to cops exactly what happened. Second time it was taken away, no receipt, but given back to me the next day at the station.
    I guess I was one of the lucky ones
    sleep when you're dead

  9. #9
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    Default Re: Lethal force in SD

    Quote Originally Posted by parthyc View Post
    Not hitting anyone (that we know of).
    For shame...you need to spend more time at the range boet! :-)

  10. #10

    Default Re: Lethal force in SD

    They just took it, and didnt give you a receipt?
    wow, i dont think i would be able to do that. What if they go and kill someone with your gun?
    Would refuse to hand over firearm and get my lawer as quick as possible....can't trust cops

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