suicide = destroy the weapon?
Can the police keep and destroy a weapon used in a suicide? Or can the family get it back? The weapon is question is a S&W early 1900s 38/40 revolver. It has a nickel finish and has to be worth some money.
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Of course they should eventually return it to the estate of the deceased. But chances are you will have to fight for it, depending on where you live. Don't take no for an answer if it's important to you. 0 -
I believe in what State and City the suicide occurred, and their local laws concerning the disposition of firearms used in a crime, would have a very great bearing on this matter. I would retain a local attorney, as a the first step in trying to recover the revolver. 0 -
In my area the family gets it back. 0 -
In my area they get it back also. 0 -
quote:Originally posted by rufe-snow
I believe in what State and City the suicide occurred, and their local laws concerning the disposition of firearms used in a crime, would have a very great bearing on this matter. I would retain a local attorney, as a the first step in trying to recover the revolver.
I don't know of any state that considers suicide a crime. You should get your firearm back.0 -
The problem is that, for political reasons, some jurisdictions try NOT to return guns to the rightful owners. They prefer to melt them so that they can say what a great job they are doing "getting guns off the streets".
If the police don't return it upon request to the family, then the family may need to escalate it within the jurisdiction. Or, they may need to get an attorney. But, if YOU aren't the family member entitled to retrieve the gun, getting involved will likely create hard feelings.
Neal0 -
The weapon should be returned once the investigation is complete and the District Attorney has reviewed the case to make sure foul play had nothing to do with the suicide / death, or that the weapon was not used in a illegal act before the suicide. Once reviewed and the case is closed than the weapon in question should be released to a proper family member. Again depending on jurisdiction a Judge may have to sign off on the case and issue a memo with the property receipt that is on file with the Police dept that secured the weapon ( Check Local/State Laws regarding Hand Gun possession ) 0 -
A Smith & Wesson .38-40?
Wow. They only made 74 No 3 New Model Single Actions and 276 First Model Double Actions in that caliber, so if in decent shape, it will be worth a LOT.
As said, there is a lot of variation in local government treatment of guns used in any sort of shooting. Some anti-gun administrations would destroy it, regardless of value. Some places would put it in "evidence" permanently. Or sell it to buy department supplies. Some will let the family have it back.
Then you run into the psychological side. The only suicide I personally know, the family does not WANT the gun the husband/father/brother shot himself with; consider it tainted with horrible memories.
If you can positively identify the gun as one of the rare variations it might be, they might well want to recover it just to sell for the money.0 -
quote:Originally posted by Mooseyard
quote:Originally posted by rufe-snow
I believe in what State and City the suicide occurred, and their local laws concerning the disposition of firearms used in a crime, would have a very great bearing on this matter. I would retain a local attorney, as a the first step in trying to recover the revolver.
I don't know of any state that considers suicide a crime. You should get your firearm back.
Actually, suicide is illegal in at least a few jurisdictions.
Obviously, its impossible to convict anyone who commits this "crime", but the though it that making it illegal might discourage some people from trying it.
In practice, this law is never enforced. You don't imprison/ criminally prosecute depressed people. (Though you may have them committed for psychiatric care against their will. . .that's a bit of a different thing).
Anyway, nmyers has it right. Some jurisdictions love to seize (and or destroy) guns, to "keep them off the street, even if technically they aren't doing so legally. They figure (rightly) that just about nobody fights it, and at absolute worst, they'll just give it back.0 -
I can only speak for laws in Wisconsin, or at least for what they used to be. Guns used in suicides in Wisconsin became a part of the estate, like any other property.
A weird thing once happened. A guy bought a revolver from a shop where I worked, and committed suicide with it. The estate's attorney brought it back and resold it to us. We felt funny about it, but put it out for sale again, and a lady bought it for use, she said, as a defense gun. She also committed suicide with it, and then her estate's attorney walked in with it to sell it to us again, a few months later. The boss bought it, took it in the back room, put it into a vice, and hammered it into a lump.0 -
The gun has killed, and must be put down. 0 -
quote:Originally posted by machine gun moran
I can only speak for laws in Wisconsin, or at least for what they used to be. Guns used in suicides in Wisconsin became a part of the estate, like any other property.
A weird thing once happened. A guy bought a revolver from a shop where I worked, and committed suicide with it. The estate's attorney brought it back and resold it to us. We felt funny about it, but put it out for sale again, and a lady bought it for use, she said, as a defense gun. She also committed suicide with it, and then her estate's attorney walked in with it to sell it to us again, a few months later. The boss bought it, took it in the back room, put it into a vice, and hammered it into a lump.
I had a similar situation. A fellow bought a Bernadelli, tried to return it to the gun store the next day. A few days later he killed his wife, his girlfriend then himself. After a while the police returned it to the gun store, asked if they wanted it back. Gun store didn't, but I took it. Kept it for a while, sold the thing for I think under $100.00.
So I'd say what happens to the gun varies quite a bit. I'd guess big cities would have a set way of handling, smaller city/towns probably not.0 -
I have a S&W used in a suicide. Of all things it is a really nice Model 34 nickel with a 2" barrel. Not much of a handgun for self defense but enough to do the job I guess. I bought it from the family of the deceased. 0 -
This is the demon that is currently attached to this pistol.
His name is Raiden.
Do you want to bring Raiden into your home?
I don't think so.0 -
bet a collectible firearm will "disappear" 0 -
quote:Originally posted by 5mmgunguy
Can the police keep and destroy a weapon used in a suicide? Or can the family get it back?As you're aware by now, your answer hinges upon laws where this occurred.
As simple as it sounds, have you run this question by the the investigator who handled the case? Most families wouldn't want the gun so they probabably won't come looking for the executor to tell them it's available for release, but may hand it over without difficulty if requested.
If he says the gun can't/won't be released, thats when you contact an attorney to insure this is true.0
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