October 29th, 2009 08:09 PM
Defensive shoot in another state
Hypothetical question here.
Lets say I went to Maine on vacation which I quite often do in the summer (I have a Maine non-resident permit). Lets say I was robbed at gun point and I shot the perp dead.
I'm not in my home state, and it was a legal shoot. How would this play out in the courts? Obviously I couldn't stay in Maine for weeks or months until it was all hashed out.
Would they get my name and info if it was justifiable and send me on my way, or is there more to it?
Has anyone ever heard of someone using their CCW in a reciprocal state? How did it play out?
October 29th, 2009 08:15 PM
"Obviously I couldn't stay in Maine for weeks or months until it was all hashed out."
Well You could if the courts ordered you too !!!
and if you refused then you might possibly be a guest of a Maine Jail
Now there is no way I know how this would play out
But to say Something COULDN'T happen
overlooks the fact it COULD
October 29th, 2009 08:20 PM
It's not going to matter much where you're from, but rather which state that you shoot the criminal in...assuming that you ARE legal where the SD takes place.
Stay armed...know the state laws where you travel with a firearm...stay safe!
The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.
Certified Glock Armorer
NRA Life Member[/B]
October 29th, 2009 08:44 PM
Obviously I'm going to know the laws of said state...
Originally Posted by retsupt99
My question was more along the lines of, if it were a legal and just defensive shooting, regardless of the circumstances leading up to it, and I shot the perp in legal defense of myself, how would that play out legally if I were not a resident of the reciprocal state?
October 29th, 2009 09:05 PM
I wouldn't think it would play out any differently than if you were in your home state if it's a justifiable defense and you were legal and within your rights to do so. Why should it make a difference? You'll probably spend more time being investigated than one of the locals. I'm no attorney though. I've carried in other states where I'm allowed to do so with my reciprocal state of residence. I've never thought about this until now actually, and if I'm saving my life in another state, it all amounts to the same thing pretty much.
Originally Posted by Pro2A
October 29th, 2009 09:30 PM
Good question, I'm the same here--not thought of it till now, and I'm traveling a lot these next few months. Like Ram Rod said, I'm just going to do the same as I would in NC. Hell, NC seems relatively strict that the states I'm traveling to, I shouldn't have any problems.
Originally Posted by Ram Rod
BLONDIE: You may run the risks, my friend, but I do the cutting. If we cut down my percentage... cigar? Liable to interfere with my aim.
October 29th, 2009 09:52 PM
IANAL..but it would seem that if they don't charge you with a crime, they can't stop you from going back home. They may you want to sign some sort of waiver of extradition agreement, but that would be about it. IMO
"Texas can make it without the United States, but the United States can't make it without Texas!".... Sam Houston
NRA Life Member
October 29th, 2009 11:27 PM
IANAL, but if things go smoothly, you'll prolly have to make a statement or deposition and stay in touch. If things get sticky, it might be nice to be able to contact competent legal help on the spot, so you don't have to dig a deeper hole.
Liberty, Property, or Death - Jonathan Gardner's powder horn inscription 1776
Tu ne cede malis, sed contra audentior ito.
("Do not give in to evil but proceed ever more boldly against it.")
-Virgil, Aeneid, vi, 95
October 29th, 2009 11:40 PM
In the last year or so, there was a 21 year old man visiting Missouri who shot and killed someone trying to rob him while he was visiting in the St. Louis area. Grady may remember the case I'm referring.
IIRC he was either from FL or maybe LA. He had a valid ccw from his home State, which Missouri honored in reciprocity. (btw... Missouri honors a ccw permit from any and all States who issue them, including non-resident permits.)
No charges were filed, it was ruled justifiable and he went on about his business.
Interesting side note is that Missouri does not issue a Missouri ccw to people who are under the age of 23. This guy was 21 but his ccw permit was valid for his home State so he was good to go. It made no difference that he wasn't old enough to get a Missouri permit had he been a Missouri resident. He was legal in his home State and that was all the law looks at.
However, regardless of what happened to this guy in this particular case... If you are traveling out of State and use deadly force, you are going to do whatever the State authorities demand of you. If that means, you don't leave the State while they investigate the shooting to decide if they are going to file charges, you are going to remain in the State, no matter how long it takes them to investigate.
You are sadly deluding yourself if you think the State is going to care one way or another if you are "inconvenienced" or not with their investigation.
Bottom line is, like others have already posted. If it is a clear cut justifiable shooting, chances are, you will be allowed to return home. They can always issue a warrant at a later time, if you fail to return if requested. And if they charge you with any degree of homicide, they will be more than happy to extradite you from your home State.
Remember, as a law abiding citizen with a stable life and roots set up in your community, you won't be hard for them to find, if they want to get their hands on ya!
"The gun is the great equalizer... For it is the gun, that allows the meek to repel the monsters; Whom are bigger, stronger and without conscience, prey on those who without one, would surely perish."
October 30th, 2009 12:06 AM
We had a guy here in Utah Shoot a badguy in his (goodguy's)motor home (the good guy was on vacation) he was not CCW it was a shot gun.
The guy was interviewed and once they released the motor home (Crime scene) he drove away.
You will be interviewed by the police and they will get all your contact information and You'll be on your way. Worse case, they might ask you to stay over night until they can check some info out. But if its a clear case of self defense, they won't keep you.
Once they confirm who you are and where you live, they can alway put out a warrant if things go south.
"Arms in the hands of individual citizens may be used at individual discretion..in private self defense." John Adams
October 30th, 2009 12:35 AM
Bark'n hit ir on the head. I'll only add that a lot depends on the nature and surrounding circumstances. If its a clear cut shoot and you are stable and not a flight risk, you'll be sent home rather quickly. If you are acting like a loon and dont have a verifiable residence, they might want to hold on to you until they are 100% sure you are in the right.
October 30th, 2009 12:47 AM
The first self defense shooting by a CCW in Kansas, happened to be by someone from outside the state. They were fairly certain it was self-defense, but investigated /reviewed everything over about 3 days, decided it was justified self defense, and that was the end of it.
October 30th, 2009 11:29 AM
But he was only detained for a few hours, the way my cc instructor told it... a fellow from Oklahoma who ran into trouble in Topeka.
...if I'm thinking of the correct incident.
October 30th, 2009 11:54 AM
When I go through the mental drill for a shooting I always include the fact that I will probably be detained and have to remain in that area for some time. You should make plans to have money saved and/or credit card clear to be able to stay in motel for at least a week. If it doesn't happen then you are money ahead, but you are covered if it does happen. I do this although most of my travel is in Missouri and Kentucky, both bordering Tennessee. Since they do border on TN, I would probably be allowed to return home, but I like to be prepared for the worse. It will all depend on the LEA and the courts at the shooting locale.
Retired Marine, Retired School Teacher, Independent voter, Goldwater Conservative.
October 30th, 2009 03:44 PM
Useful resource here on DC:
Defensive Carry - 2A Attornies
Keep a phone number of a local lawyer when you travel.
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