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-   -   SCENARIO: What legally happens when you defend yourself (http://www.firearmstalk.com/forums/f97/scenario-what-legally-happens-when-you-defend-yourself-92600/)

molonlabexx 06-20-2013 09:57 PM

SCENARIO: What legally happens when you defend yourself
 
Hey guys. Really happy with this forum and the replies I have gotten and tips! Recently I have been studying NRA gun articles about how people defend themselves and I have a few questions. But first a scenario (please in no way think I am trying to "glorify" home defense. I know things go wrong and it takes a lot, I am simply interested in learning the legal replications) Jack is sleeping in his small ranch house, with a few neighbors around the area. Jack has no felonies, no DUI's or anything on his record, maybe a few speeding tickets here and there. Jack goes to bed and a few hours later, someone breaks into the house. Jack then is prompted to grab his shotgun (OO BUCK, 12 GA). Jack confronts the suspect only to find that he is armed with a tactical knife. Jack yells at the man to halt while he calls the police (calling the police is a MUST because it keeps the question of if you meant to kill the aggressor or not.) With 911 dialed, the aggressor now starts coming at Jack. ordering the aggressor to halt, Jack is running out of distance between him and the aggressor. Jack then fires at the aggressor, fatally stopping him. With 911 on the line, Jack tells them the situation that he thinks the man is dead. Jack secures the area, making sure there are no other aggressors around.

What happens in the days to come? Is your gun taken away from you as evidence after a situation like this? This will give me help in the legal side of being a RESPONSIBLE gun owner. The law is in favor of criminals. Thanks all.

locutus 06-20-2013 10:03 PM

If it's a righteous shooting, no problem.

molonlabexx 06-20-2013 10:05 PM

Quote:

Originally Posted by locutus (Post 1281882)
If it's a righteous shooting, no problem.

So no legal paperwork (police report) no court or gun taken away? I would just be concerned that they would pester you. I guess the LEO's job is to get as much info, but when do they leave you alone.

WNGMSTR 06-20-2013 10:16 PM

There would certainly be an investigation and it would be drawn out to atleast several weeks. The gun would be taken as evidence, for exoneration or possilble prosecution.

Tackleberry1 06-20-2013 10:20 PM

Quote:

Originally Posted by molonlabexx (Post 1281885)
So no legal paperwork (police report) no court or gun taken away? I would just be concerned that they would pester you. I guess the LEO's job is to get as much info, but when do they leave you alone.

Op...

I think it could vary greatly depending upon the jurisdiction. The "hypothetical" your pose has all the hallmarks of a "good shoot"... but once never can quiet tell.

Personally, I would not be worrying about calling 911 until the threat was "neutralized"... and would not call unless there was no one else available to call it in. The only information 911 would get would be my name, address, and the fact that there had been a shooting... then I hang up!

Courts have upheld 911 recordings as evidence to hang "defensive shooters" because they said something stupid like "Your damn right I shot the SOB!" or "Yea, don't bother with EMS, just send the coroner... and Rug Doctor if you got the number."

Adrenalin not only impedes fine motor function... It can also make the most intelligent and controlled person sound like a blood thirsty raving lunatic... and that tape can and will be held against you!

Rule #1 of any defensive shooting is when the Cops arrive... Cooperate with there commands and IGNORE there investigation. They are not there to help you through this, there writing down everything you say... and the adrenalin is still DUMPING into your system so SAY NOTHING other than... "I thought he was going to kill me."

This is very important because you will be asked the same questions multiple times, in different ways, by different people, and any answer that deviates from an earlier answer will be considered a LIE.

If you going to use a gun for self defense, have a lawyer on retainer, or at least make contact with one so you know who to call. Let the lawyer talk to the Police/DA...

Your alive so you've already done your job... Now let the attorney do his.

Tack

Doc3402 06-20-2013 11:11 PM

Quote:

Originally Posted by molonlabexx (Post 1281878)
Hey guys. Really happy with this forum and the replies I have gotten and tips! Recently I have been studying NRA gun articles about how people defend themselves and I have a few questions. But first a scenario (please in no way think I am trying to "glorify" home defense. I know things go wrong and it takes a lot, I am simply interested in learning the legal replications) Jack is sleeping in his small ranch house, with a few neighbors around the area. Jack has no felonies, no DUI's or anything on his record, maybe a few speeding tickets here and there. Jack goes to bed and a few hours later, someone breaks into the house. Jack then is prompted to grab his shotgun (OO BUCK, 12 GA). Jack confronts the suspect only to find that he is armed with a tactical knife. Jack yells at the man to halt while he calls the police (calling the police is a MUST because it keeps the question of if you meant to kill the aggressor or not.) With 911 dialed, the aggressor now starts coming at Jack. ordering the aggressor to halt, Jack is running out of distance between him and the aggressor. Jack then fires at the aggressor, fatally stopping him. With 911 on the line, Jack tells them the situation that he thinks the man is dead. Jack secures the area, making sure there are no other aggressors around.

What happens in the days to come? Is your gun taken away from you as evidence after a situation like this? This will give me help in the legal side of being a RESPONSIBLE gun owner. The law is in favor of criminals. Thanks all.

There is no way to answer your questions. It depends too much on local laws. Know your local statutes, codes, and ordinances. Know them backwards and forwards.

darthjkf 06-20-2013 11:33 PM

Quote:

Originally Posted by molonlabexx

So no legal paperwork (police report) no court or gun taken away? I would just be concerned that they would pester you. I guess the LEO's job is to get as much info, but when do they leave you alone.

In Texas all guns used are taken until an investigation proves it is self defense and all MUST be arrested even if for 15 minutes.

JimRau 06-20-2013 11:52 PM

I think it has already been answered. The laws and policies of the local LEA and DA will determine what happens while it is investigated.
But in the states where there is still some commons sense in the laws and LE there should be no problem. But in the more anti-gun states the defender may have more problems.

robocop10mm 06-21-2013 12:28 AM

Quote:

Originally Posted by darthjkf (Post 1281943)
In Texas all guns used are taken until an investigation proves it is self defense and all MUST be arrested even if for 15 minutes.

What? ALL MUST BE ARRESTED? Where did you get that info. That could not be further from the truth.

Doc3402 06-21-2013 12:33 AM

Quote:

Originally Posted by robocop10mm (Post 1281994)
What? ALL MUST BE ARRESTED? Where did you get that info. That could not be further from the truth.

I believe it is like that in Arizona, even if it is a LEO taking a life in the line of duty.


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