What happens after you have to use your weapon?

[bilmac]

A very important subject has come up on the "what is your gun of choice" thread that I hope the good folks of Greybeard have given some thought to. If you have to defend yourself what happens next when the cops show up? I hope Sharon Anne will help me out on this, she obviously has had some training on the subject.

First off, DON"T SHOOT ANYONE EXCEPT TO DEFEND YOURSELF OR SOMEONE ELSE. This is the first rule cops learn in firearms use. If you don't want to acknowledge the legal aspect of it, then think about how you will live with the knowledge that you killed someone unnecessarily for the rest of your life.

That given, if you are willing to use deadly force to defend yourself, then you need to think about what comes after, because there are a lot of people out there who are going to hate you for what you did, and there may be some who may be able to make your life hell.

When the cops first show up realize that your brain will be in overload. It is common for people involved to not remember the events clearly. During the event you were probably suffering from extreme tunnel vision. People commonly don't remember how many shots were
 fired and other important facts.

Train yourself now as diligently as you train with your gun to react the right way. No blubbering about how straight you shot or how well your gun shot. Cops pay very close attention to the first words out of your mouth, you can be sure that they will be written down , and you might hear them again in a courtroom. If you say anything it should be about what caused you to pull the trigger like, " His finger was on the trigger and the gun was swinging my direction". I think that saying much more at that point is being dumb. It may make you think you are looking guilty, but I would ask for a lawyer.

[torpedoman]

Your first words will be writted down and they should be "I want a lawyer". This is the proper response to any conversation started by the police.Their response will be that your not under arrest so you dont have that right the next thing is to tell them if your not under arrest then you are going home and to call you later. Never give any other response until you have had time to collect your wits and calm down.

[Tn Jim]

Always remember this. THE COPS ARE NOT YOUR FRIENDS!!! The first, last and only words out of your mouth should be "I want my lawyer." Volunteer nothing, it WILL come back to bite you in the backside. I don't know about where you live, but here the cops have a guilty until proven innocent attitude. The local prosocuting attorney is even worse! It's now a legal matter, let somone who knows the law fight it for you.

[williamlayton]

If you don't say "ANYTHING" they can't write anything down.
If you say anything say it too an attorney.
The main thing too remember don's say anything until you are calm, level headed and have discussed it with an attorney--then with him present.
Blessings

[PartsMan]

Shooting some one will bring down a load of legal BS you can't imagine.

I always figured don't shoot someone unless you are ready to spend life in prison for it.

That being said, If some one is trying to harm my family things will get messy.

[hillbill]

in a defensive situation, shoot to save yur own life or the lives of ones yu love, just make sure first yur backhoe will start quickly on demand.

[slim rem 7]

 killing somebody would be hard for me to live with..the law knowing i killed some local thug would not make it any easier or harder..i keep my casings and such clean of fingerprints
 cause heck if im gonna clutter things up it s gonna be with clean clutter..
  in reality its an play it as i see it thing..i try hard to be honest as i really believe the truth sets us free and makes us stronger..but if they never had cause to ask me,i can t really say what id do..slim

[kevthebassman]

The only thing I can think of is to shoot straight and shoot until the threat is over.  Call your lawyer and keep your mouth shut until you have him sitting beside you.... remember that no matter how bad things get, you have the right to remain silent, and it isn't a bad idea to do so no matter what the circumstances.

[PartsMan]

in a defensive situation, shoot to save yur own life or the lives of ones yu love, just make sure first yur backhoe will start quickly on demand.

 

[BBF]

You are going to get cuffed and stuffed in this country no matter what the circumstances.

[stimpylu32]

Understand this , once the first round is fired , life as you know it has changed forever . when approached by law enforcement your first words NEED to be I WANT MY LAWYER , as said before the police are not your friend , and anyhing you say CAN and WILL be used against you in a court of law .

Plan to spend the next 24 to 72 hours under a microscope , you will be taken to the police station for an " interview " at which point the police will do their very best to make you change any statement you have made to their advantage , sleep deprivation will be just one of the things you will have to deal with , you will have to deal with any statements you have made before , during or after the shooting , not only to LE but anyone else who may have been there .

You will be subject to a battery of tests , Blood Alc. Level , Drug Screen , among others , any other weapons you may have will be taken into " Custody " for safe keeping , your family may also be taken in for an " Interview " and statements taken .

If at this point IF you are cleared of any  "Criminal " charges you will still have to deal with the up coming " Civil " case's , it may take days , months or even years to get your guns back if you ever do .

You will also have to deal with the Mental issues that come with the shooting , sure you can say I did what I had to do , BUT you will have to come to terms with the fact that you have taken a life and some will not deal well with this fact , no matter what they may say at the time .

In most parts of the country this is a BEST CASE , it can be many times worse .

stimpy 

[slim rem 7]

  ive found that except when bs about how big the one that got away was,,truth ,dead on hard cold truth even if it hurts,, sets you free and makes you stronger..
 now what stimpy posted is truth also i think .. so it would really be an hard thing for me to sort out..me im gonna probably read the four gospels several times and look for guidance from above..thats what i do when my experience hasn t given me knowledge and wisdom to know what to do..sometimes its just to endure..

[bilmac]

I'm surprised at the level of sophistocation here, clearly you guys have thought about the subject some. Having thought about it beforehand is probably the first line of defense.

[AtlLaw]

Good and accurate summary Stimpy.

[rockbilly]

According to a friend and fishing partner the first thing you do is call your attorney!!!  This friend was an assistant District Attorney for several years before being elected to the position of County DA.  His father also was a long time DA.  They have gotten out of politics now and have a private practice.

This advice was given many years ago, well before Texas passed a Concealed Carry law.  Even at that time I rarely left home without a weapon, if I were traveling there was always a pistol in the vehicle with me, it went into hotel/motel rooms, and in some cases was carried concealed while in what I perceived to be a high threat area.

According to my friend, if you ever have to pull the trigger, do it with the intent of killing the individual.  He stresses this for two reasons, first a dead person can not testify against you in a court of law.  Second, the “bleeding heart” judges and jurors have been far more gracious to those that were injured than to the families of those that were killed.  It is more costly to provide for a person that is paralyzed, or left in a state where they do not have the physical abilities prior to the shooting; you could be paying for the rest of your life.  If the person is dead, a one time payment, or judgment is awarded to the family and that is normally the end of it.

In a perfect world you would establish a relationship with an attorney prior to leaving home with a concealed weapon.  This could be any attorney, a Tax, divorce, business lawyer, they know what to do if you are charged, and will help you find a good criminal (defense) lawyer, if necessary.  It is good to get well enough acquainted with an attorney that he knows you by name; it may be your only salvation if you get caught in the middle of a SHTF situation and have to use your weapon.

[stimpylu32]

I'm surprised at the level of sophistocation here, clearly you guys have thought about the subject some. Having thought about it beforehand is probably the first line of defense.

To be truly ready to use a firearm to defend oneself or others you need to do much more than just put rounds down range , the best addvice one can give is to not have to be in a place to have to do this , BUT if the time comes were you are FORCED to use a weapon , remember that that's just the beginning .

stimpy

[williamlayton]

Too quote Harry, "everybody needs too know their limitations."
IF one is not honest with hisownself, up front honest, without any macho thoughts  which will not carry you thru the trauma, No second guessing, have it locked into your brain, honestly willing to go the whole nine yards---don't even carry a weapon.
Shooting and killing is not a chore everybody can handle.
Even those that have never forget.
Not a lot of this is completely sure fire--but do the best you can too be honest with yourownself.
It will never, ever not be with you---even if it was a good shooting.
If you are unsure--don't even go there.
You can do some things too prepare yourself for such an event, should it happen, but, it IS life changing.
Blessings

[bilmac]

I remember the tirst time I shot at human shaped targets. It was in basic training for the Army. Up until then I was brought up to be super safety minded. Never, never point a gun at anyone, don't even let the muzzle wander that way. Now here all of a sudden was a whole bank of human shaped targets in front of this poor ol farm boy, and my first instinct was to pull the muzzle away. Two years in the infantry and 20 being a cop pretty well killed that feeling. But what of someone who has never looked over the sights at a human or the facimile of one.

[AtlLaw]

... IF one is not honest with hisownself, up front honest, without any macho thoughts  which will not carry you thru the trauma, No second guessing, have it locked into your brain, honestly willing to go the whole nine yards---don't even carry a weapon....

It seems that, even though I often look at you opinions with a jaundiced eye, we are of one accord on this point.  I tell all who will listen that they should exercise their right to carry with three caveats:
1)  They should be intimately familiar with their weapon;
2)  They should be as familiar with the law as it pertains to when they are justified in using deadly force; and
3)  They must be psychologically prepared to take a life.
If the person is can not make these three commitments, as you say, "don't even carry a weapon."

[Brett]

... IF one is not honest with hisownself, up front honest, without any macho thoughts  which will not carry you thru the trauma, No second guessing, have it locked into your brain, honestly willing to go the whole nine yards---don't even carry a weapon....

It seems that, even though I often look at you opinions with a jaundiced eye, we are of one accord on this point.  I tell all who will listen that they should exercise their right to carry with three caveats:
1)  They should be intimately familiar with their weapon;
2)  They should be as familiar with the law as it pertains to when they are justified in using deadly force; and
3)  They must be psychologically prepared to take a life.
If the person is can not make these three commitments, as you say, "don't even carry a weapon."

Yep, and if you are unable or unwilling to meet the above three caveats be sure you have all your affairs in order and a good life insurance policy because if you ever find yourself in a situation where you need a firearm to defend yourself and you have chosen not to carry one your @$$ is grass. 

[BBF]

Would all of those "After" expectations be identical if the attacker was killed by yourself with something other then a firearm??

[bilmac]

Good question I bet the scenerios would often be much different for someone who defended himself with a golf club.

[mattmillerrx]

, any other weapons you may have will be taken into " Custody " for safe keeping ,



stimpy 

I agree with about everything that has been said here, and much of it was discussed in the self-defense class I took.  The statement you made above stimpy, are you referring to the gun or guns you had on you or are you referring to all the guns that you own.  I have no legal knowledge but would think if the other guns are in my home they would have to have a warrant or something to get them,,,,It just occurred to me maybe you are referring to an incident that happens in your home.

[RonO777]

If you wonder about talking to the police without an attorney present, you need to watch these videos.......they are long but worth your time!!!

http://video.google.com/videoplay?docid=-4097602514885833865


http://video.google.com/videoplay?docid=60...15912&hl=en

[thxmrgarand]

My state no longer requires any permit to carry concealed.   However, I took a required course and obtained a permit back when it was required.  A uniformed middle-aged LEO taught part of the course.  He must have repeated at least 6 times that, "What we like to see when we arrive on the scene are two shots in the heart."  He said the perp will be someone who knows the system and someone the police know very well.  He said a live perp will know much more about the system than the person who had to defend himself/herself.  He said that in this state if the perp put a pistol he picked up in the home into his pocket and the police found that pistol on the body that would be good.  He said that calling an attorney and not talking to police is good advice. 

[StrawHat]

, any other weapons you may have will be taken into " Custody " for safe keeping ,



stimpy 

I agree with about everything that has been said here, and much of it was discussed in the self-defense class I took.  The statement you made above stimpy, are you referring to the gun or guns you had on you or are you referring to all the guns that you own.  I have no legal knowledge but would think if the other guns are in my home they would have to have a warrant or something to get them,,,,It just occurred to me maybe you are referring to an incident that happens in your home.

What he means is all of your weapons.  The ones in your car, house, shed, collection or wherever.  They will have a warrant.  They will also seize any weapons in your home wheter they are owned by you or someone else.

And they will not take very good care of them.

[SHOOTALL]

what has not been said ( and alot of good advice has been offered ) is cost the low estimate in my area is $40000.00 in a case you were justifyed and walk away , if the civil case goes your way .
one other thing is if you spend alot of time spouting off about shooting people and in general being a BAD AZZ ! it will most likely show up in court and the paper ! convicting you before you have a chance . unless you are oj !

[stimpylu32]

, any other weapons you may have will be taken into " Custody " for safe keeping ,



stimpy 

I agree with about everything that has been said here, and much of it was discussed in the self-defense class I took.  The statement you made above stimpy, are you referring to the gun or guns you had on you or are you referring to all the guns that you own.  I have no legal knowledge but would think if the other guns are in my home they would have to have a warrant or something to get them,,,,It just occurred to me maybe you are referring to an incident that happens in your home.

StrawHat nailed it , every weapon that they can find , be they in your house , car , boat , shed or barried in the back yard , if they can find them , their going to shag them . And as SHOOTALL has said , even if you win the Civil case its still going to cost you a ton of money .

[williamlayton]

Money comes and goes.
Putting your ownself above and beyond someone who intends to do harm too you or someone near is priceless.
Stealing from someone at the point of threat is the same as threatening to do harm.
Stealing is assault any way you look at it.
Thievery is the same as rape, psychologically.
If you do it with a baseball bat---don't expect too use that bat the next game.
If you use a golf club--use one that you can't hit anyway.
Don't stab him/her with the wife's silverware---thaose consequences will never go away.
Pool cues can be inexpensive.
Be sure, above all, that you can handle the trauma--if that is possible.
Blessings

[Rogue Ram]

Take it from a cop folks, most of the advice above is sound. Be as nice under the circumstances as you can be, cooperative (as opposed to combative or hostile), and politely tell the law you wish to call an attorney. NOW....... listen up: if you really want to be safe from the aftermath you should have an umbrella insurance policy and/or some type of liability insurance to back you up. In my profession, our association defends us if the agency or a prosecutor comes after us---the government agency defends against civil suits IF you were acting accordingly. If they decide we were out of bounds (spell that OFF DUTY) and they wanted to be jerks, my professional liability will kick in....attorneys and insurance rolled into one.  You pull the trigger one someone who has any kind of "oh my poor little boy how could you" backing him up with some dough, you are in for the ride of your life on the civil side. As for the cops, be nice, shut the hole under your nose, and call an attorney. 

I take no offense at the comments about jackass cops. I was ordered once to charge a homeowner who had to defend himself against one of two guys in a fight outside his house....one of which for no reason ran and attacked the homeowner (who called us)....bad guy tried to force his way in, and got hit over the head with a garden hoe.  I took the bad guys to jail. A Sergeant ordered me to charge the home owner with assault with a deadly weapon. No, you didn't miss anything. It was that stupid. I wrote the report so it would be dismissed, and told the homeowner to tell his attorney I said it was a ridiculous charge.  DA wasn't happy it went that far, but wasn't my battle to fight at that point.  Point is, some cops and DAs are certainly NOT your friend in these cases.

RR