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Oleg Volk had an interesting question today on his Facebook page. I thought it was funny and prompted some interesting legal discussions. (Not that any of it mattered, but fun none the less.)


Who owns the projectiles lodged in a person? The person who fired the bullets or the person who is carrying them inside?

Discuss.

The state they're evidence.

Suck My Glock wrote: ↑June 30th, 2020, 4:31 pm Oleg Volk had an interesting question today on his Facebook page. I thought it was funny and prompted some interesting legal discussions. (Not that any of it mattered, but fun none the less.)


Who owns the projectiles lodged in a person? The person who fired the bullets or the person who is carrying them inside?

Discuss.

There actually an answer to this. Problem is there is not enough information to answer this hypothetical. One example... you have an ND and the bullet lands up in you, not passing thru anyone else. You own the bullet.

One answer was that, if we look at China, where they bill the family of the deceased for the cost of the bullet in their brain,...according to that precedent, you don't own the bullet until you pay for it.

I feel like the shooter "gifted" the bullets to the recipient and the recipient should be allowed to keep them. The recipient should be thankful for their gifts, and the shooter, or "gift giver" as I will now refer to them as, must accept that they gave them away as gifts. That is unless the gifts were given as conditional gifts. In such a scenario, the gift giver may decide to give gifts to the recipient only if, for example, the recipient drops dead. If the terms of the conditional gift-giving are agreed upon by both parties and the gift giver gifts the bullets, they will only be required to be returned to the gift giver if the recipient does not in fact drop dead.

Possession is 9/10 of the law...

OK, it's morbid, but it might make a nice souvenir of the time that guy tried to kill you, but you saved your own life.

When we would have a patient in surgery with a bullet in them, it would be removed and handed over to a police officer.

I'd say, as in any other circumstance, when someone "gives" you something it becomes yours. There is no back peddling or "Indian Giving" in such a circumstance. When a gift is delivered at 1,000 fps or more the sincerity of the gift giving is clear and should not be challenged.

definitely, states evidence

Pro2a wrote: ↑July 1st, 2020, 5:31 am definitely, states evidence

They will also take your gun as state's evidence, but when the use for the evidence is over (trial is over, or charges dropped), you get your gun back (unless you are a prohibited possessor). If somebody is charged with stealing your wallet, the wallet is evidence, but eventually you get your wallet back. They don't keep evidence perpetually.

Pro2a wrote: ↑July 1st, 2020, 5:31 am definitely, states evidence

I have had first hand experience with this while working at a "Correctional Facility" in Florence many years back.

I was in medical and we removed a bullet from an inmate. It was immediately tagged as evidence and belonged to the Agency whose Officer "placed" that round at several thousand FPS as evidence in their case.

And I believe that Acts 20:35 applies here.

was21 wrote: ↑July 1st, 2020, 11:13 am And I believe that Acts 20:35 applies here.

I'm not familiar with that model

It was a trade. You gave them one (or more) of your bullets, and took their life.