SCENARIO: What legally happens when you defend yourself

Discussion in 'Legal and Activism' started by molonlabexx, Jun 20, 2013.

  1. molonlabexx

    molonlabexx New Member

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    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.
     
  2. locutus

    locutus Well-Known Member Supporter

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    If it's a righteous shooting, no problem.
     

  3. molonlabexx

    molonlabexx New Member

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    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.
     
  4. WNGMSTR

    WNGMSTR Troll Scout

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    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.
     
  5. Tackleberry1

    Tackleberry1 New Member

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    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
     
  6. Doc3402

    Doc3402 New Member

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    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.
     
  7. darthjkf

    darthjkf New Member

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    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.
     
  8. JimRau

    JimRau Well-Known Member Supporter

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    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.
     
  9. robocop10mm

    robocop10mm Lifetime Supporting Member Lifetime Supporter

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    What? ALL MUST BE ARRESTED? Where did you get that info. That could not be further from the truth.
     
  10. Doc3402

    Doc3402 New Member

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    I believe it is like that in Arizona, even if it is a LEO taking a life in the line of duty.
     
  11. robocop10mm

    robocop10mm Lifetime Supporting Member Lifetime Supporter

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    In a best case scenario the gun is taken as evidence and a thorough investigation is completed. The results are presented to a Grand Jury who refuses to indict and "No Bills" the shooter. The gun is returned shortly after the Grand Jury reaches their findings. Life goes on.

    In a worst case scenario, the police arrest you, parade you in front of the media in a "perp walk", paint you as a vigilante, the "victim's" family go in front of the media declaring their little angel was misunderstood and about to get his life turned around, the Grand Jury indicts you, your name and reputation is dragged through the mud by the national media, you are tried, convicted and sentenced to life in prison and lose every thing you ever had.

    Either scenario is possible depending on the exact circumstances and locale.
     
  12. robocop10mm

    robocop10mm Lifetime Supporting Member Lifetime Supporter

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    But certainly not in Texas
     
  13. Tackleberry1

    Tackleberry1 New Member

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    I would think a "mandatory arrest" would be problematic for the investigation?

    I'd imaging shooters are more talkative "before" hearing their miranda rights than they are "after?"

    Tack
     
  14. partdeux

    partdeux Well-Known Member

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    There was a most excellent thread on xdtalk.com forum. Woman was home with her children when three (?) guys broke into her house. It was eye opening to read their first hand account and all they had to deal with. Tom Gresham (guntalk radio) claims a justifiable SD use of a firearm can cost you upwards of $100k. That first hand account confirmed it.

    Couple of points that stuck with me
    relatives of the dead bad guy were bent on revenge
    do you have an attorney on speed dial
    dead guys blood is hazardous waste
    counseling isn't cheap, you just killed somebody
    Can you continue to live in the house after somebody died there
     
  15. molonlabexx

    molonlabexx New Member

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    Thanks for all the help guys. It gave me some good insight. I understated each local law varies but the general idea was found. When it all comes down to it, judged by 12 than carried by six.
     
  16. c3shooter

    c3shooter Administrator Staff Member

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    Excellent points by Robo and Part 2uce.

    ServiceMaster in most areas can do biohazard cleanup AFTER the LEOs finish with their investigation, Google is your friend. There are no teams of elves that show up magically to remove hobgoblin from the ceiling (spatter) Your Homeowner's insurance MAY pay for it, after deductible. Check w/ your agent.

    Make the acquaintance of a lawyer that handles criminal defense NOW.


    Simply WAY too many variables to give a pat answer. A righteous shooting will usually still be presented to a grand jury for their review- partly as proof that the authorities are not covering up anything.
     
  17. alsaqr

    alsaqr Well-Known Member Supporter

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    What Robocop and Locutus said.

    i've been involved in two home invasion shootings. Two bad guys were killed and two others wounded, one very badly. During the first home invasion my wife shot a scumbag between the eyes with a .357 magnum. The responding state trooper Sgt. was a neighbor and friend of my wife who she called after the shootings. When the trooper came in the door his words were: "Linda, you did a job on this sob". He then cuffed the guy i wounded: The Sgt's. backup trooper soon arrived. Both perps had long criminal records. They had been stalking my wife for some time and had followed her home from work. Our guns were not confiscated and we were never arrested.

    In OK the police may not arrest a victim of home invasion who shoots a home invader unless there is evidence a crime has been committed. The gun is usually taken. In one well publicized case deputies bought the lady a new shotgun to replace the one they took. OK prosecutors simply decline to indict in the vast majority of righteous shootings involving home invasions. Most OK sheriffs do not conduct comprehensive investigations into righteous shooting cases.

    BTW: Neither my wife nor i ever gave much thought to our actions or the deceased perps except to reflect on the fact that we came close to being killed. We were never overcome with guilt for defending ourselves.
     
    Last edited: Jun 20, 2013
  18. molonlabexx

    molonlabexx New Member

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    The replies have scared me a bit, to the point where home defense seems so overwhelming. It is the world we are living in. But still, I will remain vigilant and will not hesitate to defend me and mine. The law is there to scare us but in reality, the GOOD officers are on your side. If you have no bad record and the shooting does look legit and your are clear, the law will step aside, the police will say "you did the right thing" and life will go on (depending if you can, like others said, move on with the fact that you killed someone)"

    I don't have a lawyer's number on hand so what is the next best thing to do? Also, how do children who rightfully defend themselves get treated? Do you as the parent get in trouble for allowing your children in contact with firearms (I know there are cases where this has happened but did not get the chance to see the legal side of it.) Thanks again guys.
     
  19. rjd3282

    rjd3282 New Member

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    More importantly is, what will happen if you don't defend yourself. Being pestered a bit after is certainly better than being buried.
     
    Last edited: Jun 21, 2013
  20. partdeux

    partdeux Well-Known Member

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    Find a good attorney and make his acquaintance.