This is a discussion on Legal? within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; I am actually suprised we don't have a legal area on forum. Here is the question, and one we as armed citizen's should and better ...
September 18th, 2013 11:41 AM
I am actually suprised we don't have a legal area on forum. Here is the question, and one we as armed citizen's should and better figure out!!
If we are engaged in a use of deadly force, what do we do?
call 911 (incriminating)? Call lawyer? Make statement? What statement do we make, (name, pleed 5th)?
this is the first time in forever so many states have armed citizens, since the west. We need to figure out with our attorneys and statemen what are actualy obligation's and right's are to protect everything we worked for.
September 18th, 2013 11:41 AM
September 18th, 2013 11:44 AM
It's been discussed numerous times.
If you pull the gun then call 911 and inform them. The reporting party is often seen as the good guy since BGs don't report their behavior.
Just the fact to the responding officers - " there,s the gun/knife", "theses are th witnesses" etc.
September 18th, 2013 11:48 AM
We don't have a "legal" forum because none of us claim to be lawyers and are, therefore, not qualified to give legal advice.
However, many of us have stayed at Holiday Inns, and even those that haven't will often give legal advice that is worth absolutely nothing.
After you read this forum for a while, you will see that almost all of us have had the opportunity to give a lot of thought to how to handle ourselves in many diffeent situations.
Please read the forum for a while and get to know us a little better.
ps: A great many of the people here advocate the notion of calling 911 immediately and saying only the bare minimum to police officers upon first encounter after a gun related situation occurs.
"If you make something idiot proof, someone will make a better idiot."
September 18th, 2013 11:50 AM
There was a thread a little while ago about whether or not you have a duty to call the police after shooting someone. You need to know the laws of your state.
However if you choose not to call 911 after shooting someone you have to deal with the consequences.
What information you give the police is up to you and would be dependent on the circumstances of the event. No one can answer that for you, not even legislators.
Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
Texas CHL Instructor
Texas Hunter Education Instructor
September 18th, 2013 12:07 PM
I am puzzled by your comments. Why would calling the ememrgency number be incriminating?
Why should we figure this out?
There is an Author named Ayoob that has written some very good books about not only what to do after a shooting but also what to do in situational awareness to keep from getting into a position you have to employ deadly force.
There are many situations that a gun is not the answer to a problem sometimes running away is the answer, some times a de-escalation of the situation is the answer. Other times in close quarters other items are better suited such as to many people in a cluster making shooting unsafe where the proper use of a edged weapon may be the best solution.
This is not the old west in any shape or form.
I only speak of situations for me what you do is your business
Keep safe and enjoy the forum.
September 18th, 2013 12:24 PM
Call the attorney on speed dial.
Don't make any statements before talking to the attorney.
Have an umbrella insurance policy.
I carry a gun, because a Cop is too heavy.
September 18th, 2013 12:34 PM
There is where you start. It is a subforum to the Conceal Carry Issues and Disccussion forum. It is very well maintained. Then use the search function or just statr reading posts. Almost the whole forum is a legal section.
September 18th, 2013 12:53 PM
God forbid i ever need legal advice and an attorney,but the last place i would go would be the internet,or some forum,unless i knew who i was talking with.If i need an attorney,i want to talk face to face.Each to their own.
September 18th, 2013 12:56 PM
Originally Posted by semper1911
Make statement...yes, less is more...
I see you are from Ill. I fully understand where your confusion comes from. You will have to wait for the laws of that state to settle down a bit, once that happens read them, call an attorney with any questions, read them again. It is different from state to state.....
September 18th, 2013 01:03 PM
Location is another aspect to legal questions best not asked on a worldwide web. We have people here from all 50 States and at least 5 other countries that I am aware of.
I don't always have nothing to say, but when I do, I post it on Facebook.
September 18th, 2013 01:19 PM
Well, you could always kill 'em all and let a deity (of choice) sort it out.
Ba dump bump!
On a serious note, The only lawyer I was certain of on this forum was MitchellCT... He might advise you of CT state law... For a price.
There are other lawyers here, I'm sure.
Know the laws of your state, if too many of your legislature are lawyers, and it takes a lawyer to understand the laws that are writ, hie thee to a lawyer.
In most but one state, Texas (which has the "he needed killing laws" on the books... I kid, I kid) you can plan on interacting with police.
You can expect to spend some time "downtown."
You might get to spend time in jail.
You will need a lawyer.
Anything you say... before or after Miranda, WILL be used AGAINST you, even if it's morally or legally right, and in your favor, it will BE USED AGAINST YOU.
Shop for CRIMINAL Lawyers. If you are charged, You will be considered a criminal... You need a CRIMINAL lawyer, not a wills and estates lawyer, not a personal injury lawyer, a CRIMINAL LAWYER. They defend the guilty... but they also defend innocence... against CRIMINAL charges...
Start with a book, In the Gravest Extreme by Masad Ayoob
Find a Lawyer... (and for another day... no you won't have him "on retainer.")
Chances of you having to use your gun are extremely rare. If you ever do NEED to use it to defend yourself... YOU WILL NEED A LAWYER.
It could be worse.
"The History of our Revolution will be one continued Lye from one end to the other."
"A gun is kind of like a parachute. If you need one and don't have one, you'll probably never need one again".
September 18th, 2013 04:21 PM
Originally Posted by oakchas
U.S. Special Forces Motto is, " Shoot 'em All; Let God Sort 'em Out." They are NOT concerned with Obummer's Political Correctness.
It seems you have surrendered your 1st amend rights, prematurely and dishonor those who have fought, fight and died to protect your constitutional rights.
God Bless America !!
OP: Check with a qualified attorney to determine your actions after a shoot. I have taken such reports from citizens in two States as a LEO, and the correct responses vary by political environment of the legal jurisdiction you have acted in.
Also, you do not have a fifth amendment right to "remain silent" until you are arrested, which then invokes your 5th amend right to "Due Process". Remaining silent during an LEO's legitimate investigation of a shooting is known as the crime of 'Obstruction of Justice' &/or 'Interfering with an Officer in the Performance of his Duties', etc.
September 18th, 2013 04:27 PM
Originally Posted by patri0t
Ummmm, he used his first amendment rights to say what he wanted too
“You can sway a thousand men by appealing to their prejudices quicker than you can convince one man by logic.”
― Robert A. Heinlein,
September 18th, 2013 04:28 PM
[U.S. Special Forces Motto is, " Shoot 'em All and Let God Sort 'em Out." They are NOT concerned with Obummer's Political Correctness.
BS that is not their Motto
Last edited by Rock and Glock; September 18th, 2013 at 05:47 PM.
"Outside of the killings, Washington has one of the lowest crime rates in the country,"
--Mayor Marion Barry, Washington , DC .
September 18th, 2013 04:32 PM