Firearms and Self Defense in Maryland

Cold Steel · Feb 11, 2016

When one successfully uses a firearm in self defense in this state, does he usually get his gun back? What if he kills his assailant? Ive heard of judges who say that any gun that kills a human being should never be put back into circulation. (What is it, a bear?) Its a true story though the NRA took legal action and got it back. It had been dinged up a bit, but it was still in tact. Still, its the way some loonies think. Spare the killer...execute the gun.

So what does Maryland fall in all this BS?

fred333 · Feb 11, 2016

I think it depends on the facts of the case, who the prosecuting judge/DA are and the final verdict. If you're found not guilty, you might receive the firearm back at some point. Or not.

Read this

danb · Feb 11, 2016

If you kill someone (even in self defense) and all you are worried about is getting your property back, you might have bigger issues. Or, you might be thankful you are not facing a $50k legal bill due to a malicious prosecutor.

As you are discussing the events and aftermath with the detective on the scene, be sure and ask right away when you are getting your gun back.

Either way, I will gladly trade my firearm for my life.

SgtKope · Feb 11, 2016

If you were found innocent of all charges and once trial (if ther was one) ended and evidence- in this case your firearm had been dispositioned.

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Cold Steel · Feb 18, 2016

It's a matter of principle, really. Of course I'd sacrifice my gun if I had to, but why should I have to? If my use of self defense was justifiable, I don't have one of those handgun course certificates and I don't intend to. But then, that's why I use an...inexpensive...38 Special for home defense. And if a state tends to keep guns used in self defense cases it wouldn't make sense to use one's prized Colt Python.

I used to think prosecutors were the good guys, but then, I used to believe in the Easter Bunny.

traveller · Feb 18, 2016

You are worrying about the wrong thing.

Jim12 · Feb 18, 2016

Barring unlawful use or possession, what right does the state have to take your lawfully owned property without just compensation?

Justice Scalia would have a field day with that I bet.

After the case is over and it isn't needed as evidence, how could the state justify not returning it?

Brychan · Feb 18, 2016

Look at this way:

You don't have a lot of money, but you did manage to get enough together to pay for the right to buy one, then you buy the pistol.

Some gang banger/ drug dealer/bad guy decides for what ever reason your stuff needs to be his, or maybe he thinks you saw something and you need to be taken out.

He and his buddy break into your house, you shoot both, killing one and wounding the other. Police take your statement,and your pistol. DA decides it was a good shoot, so you don't have to pony up for a lawyer you can't afford anyway.

Now you have to jump through a few months (at least) to get your property back, mean while the one you shot heals up, gets a slap on the wrist for being a bad boy and is back on the street and he a some of his friends decide to get some pay back. And here you sit can't afford another pistol and yours is still tied up in red tape/foot dragging. Your kinda screwed wouldn't you say.

Firearms and Self Defense in Maryland

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