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SCENARIO: What legally happens when you defend yourself


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Old 06-25-2013, 05:07 AM   #61
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Originally Posted by nitestalker View Post
Don't forget even Wyatt Earp was arrested after the famous shoot out at the OK Corral in Tombstone.
wyatt earp shoulda been hung. he was a scummy murdering bastard protecting his gambling interests...
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Old 06-25-2013, 07:10 AM   #62
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I'll tell you a little story about a self defense shooting in a major city near me (looks a lot like Austin, TX);

A lady got sick of her abusive husband and moved out. He decided that he needed to continue his control over her and broke into her apartment. She shot him. Unfortunately she just "winged him".

The Almost a Police Department arrived and, guess what? Yup she was arrested for Aggravated Assault with a Deadly Weapon. Grand Jury convened and (predictably) no billed her for the shooting.

This is where is starts to get interesting. The District Court Judge presiding over the Grand Jury signed a release card for the gun. The case was closed. Because the gun was in the possession of the District Attorney, it was turned over to the Sheriff's Office for release to the owner.

The lady retrieved her gun and went about her life. DB ex-husband decided he was not going to stand for this transgression against his right to dominate his wife. Yup, he broke into her apartment again, his arm in a sling. Her aim was better the second time. He did not leave the apartment until he had assumed something close to room temperature. The friendly officers showed up again and, you guessed it, arrested her for Murder.

When they tried to enter the gun into evidence, the computer told them that gun should already be in evidence (from the previous case). One of their higher ranking supervisors decided it was the Sheriff's fault this fine upstanding member of society was now awaiting his appointment with the Medical Examiner. He drove to the Sheriff's Office and had a discussion with the evidence custodian. This discussion quickly turned sour with the Lieutenant accusing the evidence custodian of complicity in the "Murder" of this poor gentleman.

A quick phone call upstairs brought a Sheriff's Lieutenant and Captain to the rescue. The Police Lieutenant was escorted out of the building after being issued a Criminal Trespass Warning and a promise that he could get to stay longer (in the gray bar Hilton) if he EVER returned.

The moral of the story? Avoid jurisdictions run by communist sypathizing morons.
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Old 06-25-2013, 07:34 AM   #63
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Originally Posted by robocop10mm View Post
I'll tell you a little story about a self defense shooting in a major city near me (looks a lot like Austin, TX);

A lady got sick of her abusive husband and moved out. He decided that he needed to continue his control over her and broke into her apartment. She shot him. Unfortunately she just "winged him".

The Almost a Police Department arrived and, guess what? Yup she was arrested for Aggravated Assault with a Deadly Weapon. Grand Jury convened and (predictably) no billed her for the shooting.

This is where is starts to get interesting. The District Court Judge presiding over the Grand Jury signed a release card for the gun. The case was closed. Because the gun was in the possession of the District Attorney, it was turned over to the Sheriff's Office for release to the owner.

The lady retrieved her gun and went about her life. DB ex-husband decided he was not going to stand for this transgression against his right to dominate his wife. Yup, he broke into her apartment again, his arm in a sling. Her aim was better the second time. He did not leave the apartment until he had assumed something close to room temperature. The friendly officers showed up again and, you guessed it, arrested her for Murder.

When they tried to enter the gun into evidence, the computer told them that gun should already be in evidence (from the previous case). One of their higher ranking supervisors decided it was the Sheriff's fault this fine upstanding member of society was now awaiting his appointment with the Medical Examiner. He drove to the Sheriff's Office and had a discussion with the evidence custodian. This discussion quickly turned sour with the Lieutenant accusing the evidence custodian of complicity in the "Murder" of this poor gentleman.

A quick phone call upstairs brought a Sheriff's Lieutenant and Captain to the rescue. The Police Lieutenant was escorted out of the building after being issued a Criminal Trespass Warning and a promise that he could get to stay longer (in the gray bar Hilton) if he EVER returned.

The moral of the story? Avoid jurisdictions run by communist sypathizing morons.
That's all fine and dandy, but you forgot the important bit. Did she get her gun back?
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Old 06-25-2013, 07:55 AM   #64
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I'm sure she did, but I must admit, I am not certain.
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Old 06-25-2013, 12:14 PM   #65
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Great responses & advice. Bottom line I guess is at least make an effort to hold the perp at gunpoint, if possible, until Johnny Law gets there, and if not possible cap his worthless ass, save yourself and your family and worry about the details later. If you kill him expect a hassle for a few weeks and if you're lucky and get a free pass buy yourself a case of beer.
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Old 06-25-2013, 12:47 PM   #66
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If you are ever forced to shoot a perp, NEVER shoot to wound only. I.E., never shoot 'em in the leg or arm. Shoot to stop the threat. If you intentionally shoot a scumbag in the leg, the D. A. can argue that the shooting was not necessary, your life was not in danger, and so you get arrested and maybe convicted of assault with a deadly weapon, reckless use of a firearm, etc.
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Old 06-25-2013, 05:03 PM   #67
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Originally Posted by JonM View Post
wyatt earp shoulda been hung. he was a scummy murdering bastard protecting his gambling interests...
Careful now Jon... you might be bordering on "Cop Bashing".

Pretty sure Earp was deputized at the time of his "Tombstone Transgressions".

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Old 06-26-2013, 05:06 AM   #68
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Originally Posted by Tackleberry1 View Post
Op...

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
As usual, a great answer, Tack!

A lot of people are unaware that you can have a shooting attorney on retainer for very little. Check with your local bar association or NRA legal defense for attorneys in your area that handle shooting defense. Contact their office directly and ask if they have a retainer for CCW clients.

The one I use sent a questionnaire about training and employment, personal info and contacts. He bills my credit card once a year for just over a C note, and he sent out a "what to do if involved in a shooting" packet which he updates as laws change, his business card to hand to the investigators, and a card that has his cell phone number to get bailed out ASAP. I can also use his cell phone number to ask questions and have him define state law for me.

It is well worth a couple of cups of Starbucks per month to know EXACTLY what I am going to do after the shooting.
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Old 06-26-2013, 12:44 PM   #69
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Those who are concerned about the consequences of a self defense action may want to look into this organization. I personally talked to them and have decided to become a member, AND I recommend them to all my students!
Armed Citizens Legal Defense Network, Inc.
Hope this helps with your peace of mind while accepting the responsibility of being an armed citizen.
Jim Rau
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