Drew & Fired - Please Help?

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Originally Posted by bgriffin70

What IF it turns out that the BGs indeed DID have 9mm concealed on them? Is one still at fault over having drawn their weapon and fired two warning shots in hopes they would wake up from their obvious "under the influence of something" staggering and lethargic talk?

Oh yes....... and WHAT IF IT TURNS OUT... ONE OF THE BGs HAPPENS TO BE APPREHENDED AND IN FACT, IS WANTED FOR MURDER ????????????????

Does the "sorry, irresponsible" weapon holder now get reward money for this? :-)

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No. Unless you have prior knowledge, ex post facto revelation is neither admissable in most cases, nor will it change the basic fact that you acted without that prior knowledge. A BG could be wanted for murder, child-rape, and buggering the President's dog on the White House lawn. It means nothing, unless you are aware of the nature of the offender before the event.

What one may or may not be charged with depends solely on (almost universally in this order) the political attitude of the DA, the "feel" the responding officers report, and State/local law. In this context, warning shots could sqeak by,and are morally (though generally not legally) defensible. It also has the advantage of not having the Aryan Brotherhood, ICDs, Bloods, or whichever gang the BG may have been a member of looking for you.:wink:

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Originally Posted by bgriffin70

.................Quite a difficult theory - Thoughts, PLEASE ????????????????

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Originally Posted by bgriffin70

Why have the damn gun and CCW if you're consistently backing down and second guessing what you would do? ..............

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Am I missing something here??? You ask the question and then berate people for answering. Color me done.

Hoss

what is the deal with warning shots?
where does anyone with any basic knowlege ever mention warning shots?

how are you going to account for those bullets?

do they go through the floor? wall? celing? downrange into a hood?

seriously . . . how would you explain your actions if your warning shot kills a kid playing in his yard 300 yards away?
. . .

+1 on the other posters suggestion to not say anything further until you get an attorney; In fact, there was a really good thread here on this board last week that dealt with the subject of why you don't want to say anything to police or anyone else until you have spoken with an attorney.

On another note, if that happened to me here in TX, both perps would be with their maker right now. The moment they pushed in the door and broke the safety catch, I would've stitched rounds into them, 2 in the chest, 1 in the head each. No warning shots.

Why waste money on an attorney, when you haven't been charged with a crime? It makes no sense, unless you have money to burn, which the OP said he did not. The only reason to maybe seek the advice of an attorney, would be if the PD somehow refuses to give your weapon back. Even then, for the $200/hr price of that advice, it might be cheaper to get a new one.

He doesn't need an attorney, he is all set, and hopefully will come on here and explain all this :)

If this type of scenario happened to me, I would be in the same boat as some of the posters to this question...


Door is kicked in, I kick in the S&W, PERIOD! As it has been stated time and time again "I would rather be judged by 12 than carried by 18 (I am including my Wife and daughter as listed in this scenario)".

Also I would never fire a warning shot, telling them you are armed is warning enough and not to mention that in this scenario you also showed that you were drawn before the door came in, 2X warning.

The LEO will cuff you as an aggressor anytime they come in, until they know they are safe and release you as they did in this case.

The hotel manager in this scenario is a moron. I understand they have a ob to do, but they gave up that opportunity after call # 2 was placed to the front desk.

That is my 2 cents, you can give me change back if it was not worth the full amount.

You should have called 911 when the manager didn't show up the first time and maybe you would not have had to your gun. This happens far too often in motels where one person will rent a room and then the rest of the druggies show up later for a drug party.