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  1. #1

    Default Confiscation for ballistics testing

    So this is likely a stupid question, but has nonetheless been bothering me for long enough for me to finally ask...

    If you are unlucky enough to be involved in a defensive shooting at your home, and the cops confiscate your FA for ballistics testing, can they also try and confiscate the other FA's in your safe too?

    I have always worried they would take them all under the guise of thoroughness, for ballistic testing - you know, just in case maybe you used your other 9mm too.

  2. #2
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    Default Re: Confiscation for ballistics testing

    Only this firearm/s used in the actual event should be taken.
    if you have 15 firearms in your walk in safe (wow what a dream hey) but only 2 were used in a housebreaking for self-defence, then only that two which were directly involved will be booked in for ballistic.
    other 13 will still be safe in your strong room.

  3. #3
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    Default Re: Confiscation for ballistics testing

    Also keep in mind that you are innocent until proven guilty (charged with whatever) so it wont make sense for the SAPS to take all your guns because they "think" you are guilty... If you are found guilty then you can be sure that they will take the whole bunch...
    If my section 13 had to be confiscated for ballistics then ill just have to carry my 6" Taurus .357 Magnum or my soon to be Glock 34 for the time being and I have heard it can take forever...

  4. #4
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    Default Re: Confiscation for ballistics testing

    What they can take and what they do take is unfortunately two very different things. Sadly both options take longer to resolve than it would take the brother of the gangmember you just shot to come after your (now) unarmed ass.

    Over zealous or corrupt Police are also just one of the things that may render your safe empty. Theft is another. Fire is another.

    Some consider keeping a bacupbackupbackup with a holster and a box of ammo in storage at a reputable trusted dealer, and keeping the licence card for it somewhere completely different.

  5. #5

    Default Re: Confiscation for ballistics testing

    Good advice Piet. I also found this in the FCA - basically they can seize all your firearms under the premise of excluding them from the investigation. Hectic. 114.1.b

    Ballistic testing114. (1) Any police official may seize, test-fire and examine such number of firearmsas are necessary or such ammunition as is necessary, if—(a) there are reasonable grounds to suspect that one or more of the firearms or theammunition has been used in the commission of an offence which ispunishable in terms of this Act with imprisonment for a period of five years orlonger; and(b) there are reasonable grounds to believe that one or more of the firearms or theammunition or the results of the test-firing and examination, will be of valuein the investigation by excluding or including—(i) one or more of those firearms or the ammunition as having been used inthe commission of the offence; or(ii) one or more persons as possible perpetrators of the offence.

  6. #6
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    Default Re: Confiscation for ballistics testing

    keep in mind not that many cops know the law

    you may have a responding officer with an IQ that could shock you, it could be racially charged, he could be corrupt or just plain inept

    there is NOTHING these guys cant do in the spur of the moment, including taking all your guns, yes a court case will sort him out later, but thats too late


    same thing with carrying sect 16, yes its legal, but my DFO told me its not and they would arrest me.... so ya as much as the law says this and that, what these guys do is up to them apparantly (id love a case study of someone who used his sect 16 just to keep on hand)

    im busy with another 9mm on sect 16 that will stay at the dealer as per what piet said

  7. #7
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    Default Re: Confiscation for ballistics testing

    The cat among the pigeons: If I have a permit to store for my buddy Koos's gun, and my guns gets confiscated for ballistics what would happen to Koos's gun? What about storing your spare gun at a trusted person on a permit to store instead of the local gunshop? You store there and he stores here type of setup?

  8. #8

    Default Re: Confiscation for ballistics testing

    In the case of the shooting in KZN during the illegal burial they took all the firearms, arrested the person claiming self defense (with a video to proof it). The next day his wife got hit in a revenge attack but survived. Assume they will take everything and then communicate it to the whole neighbourhood just to make sure if the event can have the slightest possible spin for political purposes.

  9. #9

    Default Re: Confiscation for ballistics testing

    I just googled it, assume same incident - http://www.sabcnews.com/sabcnews/kzn...urner-funeral/

    How this quote from the mourners - "We had notified the police about the troublesome farmer and we requested that they come to monitor the situation."

    Troublesome farmer... its his land!



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