Legal way to handle a home invasion/shooting.
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Old 08-26-2012, 01:28 AM   #1
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Default Legal way to handle a home invasion/shooting.

I have heard of many different ways one is suppose to respond to police after they have been involved in a shooting in order not to incriminate themselves, So what is the right way?

Now I know, I know. There is lots of different scenarios. What state? Is there stand your ground laws? Castle Doctrine? Was the criminal armed or not? Did the criminal actually manage to break into and enter your home? Etc, Etc, Etc.

Thats not what I'm looking for around here. What I want to know is what steps and processes should a person keep in mind should they find themselves in any type of situation where they have just had to use deadly force. Should they still have possession of the firearm when the police arrive or should they have cleared it and set it aside as to not pose a threat?

I would really like to here from someone with legal experience such as a lawyer or someone who might have actually been involved in such a scenario.

And it goes without sayin that I pray to God that I nor anyone else has to go through such an experience, however I believe everyone should be educated in these details should such a need arise.

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Old 08-26-2012, 01:30 AM   #2
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Here is an excellent read...........

http://www.firearmstalk.com/forums/f17/read-before-you-decide-carry-67036/

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Old 08-26-2012, 01:56 AM   #3
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Buy this....

http://www.ebay.com/ctg/Gravest-Extreme-Role-Firearm-Personal-Protection-Massad-F-Ayoob-1980-Paperback-Reprint-/962271

...and anything else by Mas Ayoob...

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Old 08-26-2012, 08:45 AM   #4
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Each state has a different way of handling it.
Become familiar with the laws, and ask questions or send letters to the congress men / women.

They had a hand in getting such laws enacted, and one would expect them to know the laws inside and out.

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Old 08-26-2012, 01:54 PM   #5
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The best (and legal) way to deal with a home-invasion is to take every preventative measure you can. Burglars look for weaknesses they can exploit. A well lit house with all locked doors and windows and no garage door opener visible in cars outside, and an alarm company sign out front will be passed by 99% of the time. Also, a well-trained large breed dog is a big plus for home protection.

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Old 08-26-2012, 03:19 PM   #6
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Quote:
Originally Posted by cswann1 View Post
Also, a well-trained large breed dog is a big plus for home protection.
Like this one?

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Old 08-26-2012, 03:45 PM   #7
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Imediately call 911 and report home invasion, shots fired, subject down.

Put your weapon in another room and await the police.

When they arrive, follow all instructions in a polite and non-threatening manner.

NEVER NEVER NEVER make a comment like "I offed the puke" or "I stepped on a cockroach"etc.

When asked what happened, just say something like: "I was in fear of my life, and I had to defend myself."

Now, remember that there is a very good chance that you will spend one night in jail until the police get it sorted out. Remember, they weren't there, and they just have your word for what happened. They need to investigate.

MY advice, is to simply say: I'm really upset, and before I make a statement, I'd like a chance to talk with my pastor (or best friend, mother-father or whoever) AND MY ATTORNEY.


You probably will spend the night in jail, but one night in the slammer beats the hell out making one stupid statement in the heat of the moment and getting into trials and lawsuits that could have been avoided if you'd kept quiet for 12 hours, and talked to an attorney.

The police take dead bodies on the floor of your house very seriously. You'd be wise to do the same.

One more thing. A little yappy dog like a Bichon or poodle is actually as good or better than a big dog. His yapping will let the whole neighbothood know that something is amiss.l

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Old 08-27-2012, 03:06 PM   #8
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I agree with most all of what you said except about "spending the night in jail". Generally if you are cooperative, and the shooting checks out to be just, you'll be questioned, (perhaps into the next day), but they have no reason to jail you unless they believe you're a flight risk, or else they intend to charge you, or all of the above. They, (the police) won't do anything with you physically until the District Attorney reviews everything. That could take days if not weeks. Look how long it took for Zimmerman to be charged. And if Martin were white, he never would have been.

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Old 08-27-2012, 05:09 PM   #9
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Quote:
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I agree with most all of what you said except about "spending the night in jail". Generally if you are cooperative, and the shooting checks out to be just, you'll be questioned, (perhaps into the next day), but they have no reason to jail you unless they believe you're a flight risk, or else they intend to charge you, or all of the above. They, (the police) won't do anything with you physically until the District Attorney reviews everything. That could take days if not weeks. Look how long it took for Zimmerman to be charged. And if Martin were white, he never would have been.

You're right, of course, Bill. But I like to prepare for the "worst case" scenario, and then I'm psychologically prepared if it happens.
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Old 08-27-2012, 05:45 PM   #10
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Quote:
Originally Posted by danf_fl View Post
Each state has a different way of handling it.
Become familiar with the laws, and ask questions or send letters to the congress men / women. They had a hand in getting such laws enacted, and one would expect them to know the laws inside and out.
One might expect it. I suspect that in many cases one would be disappointed.
Contact your state and local gun owners groups. You aren't the first to ask this question & you won't be the last. They should be able to steer you toward the resources you need.
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