‘I didn’t’ know a bullet was in the chamber’-Ruining a Self defense plea
- Thread starter michael.ed
- Start date
Keystone19250
SAINT
This is exactly what scares the
out of me concerning all the new gun owners. So many of them are totally clueless.
wmg1299
Professional
Great article. I appreciate when attorneys break down an actual case and address the issues. This is much better than the usual law articles in gun magazines where random attorneys play "what if" while addressing urban legends or misconceptions about firearms.
This article goes very well with one that was posted last week. If you believe there may be threat on the other side of the door, don't open the door. Hold your position and be ready to act when and if someone makes a legitimate attempt to force entry. Massad Ayoob advises dialing 911, then setting the phone down so that you can keep your weapon trained on the potential threat while communicating with the operator.
Lastly, like almost every attorney and firearms trainer will tell you, do not answer police questions after a defensive firearm usage without your attorney present. It is possible to be polite and cooperative with police while asserting that you are very emotional right now, due to the fact that you were just in fear for your life, and do not wish to answer any questions until after consulting with an attorney.
There were numerous options that would have kept the girl alive and kept the homeowner out of prison. This was a tragic situation, but hopefully others can learn from it.
This article goes very well with one that was posted last week. If you believe there may be threat on the other side of the door, don't open the door. Hold your position and be ready to act when and if someone makes a legitimate attempt to force entry. Massad Ayoob advises dialing 911, then setting the phone down so that you can keep your weapon trained on the potential threat while communicating with the operator.
Lastly, like almost every attorney and firearms trainer will tell you, do not answer police questions after a defensive firearm usage without your attorney present. It is possible to be polite and cooperative with police while asserting that you are very emotional right now, due to the fact that you were just in fear for your life, and do not wish to answer any questions until after consulting with an attorney.
There were numerous options that would have kept the girl alive and kept the homeowner out of prison. This was a tragic situation, but hopefully others can learn from it.
TEXASforLIFE
SAINT
It proves a point that you treat all guns as if it were loaded and keep it pointed in a safe direction!
Peglegjoe
Professional
More important than the gun safety here is, common sense safety.
Don't open the damned door!
As noted above, and also in the article: call 911. Put the phone down while still in the active call. Keep your weapon trained on the (closed) door, and wait for one of 2 things to happen. 1: the police arrive, or 2: the threat breaks in to your home.
If 1:, everyone goes home (or jail, or hospital) alive.
If 2:, you NOW have a valid self defense situation.
If you went and opened the damn door? You're a moron. And - legally speaking - you just invited the "threat" into your home by giving them access.
Don't open the damned door!
As noted above, and also in the article: call 911. Put the phone down while still in the active call. Keep your weapon trained on the (closed) door, and wait for one of 2 things to happen. 1: the police arrive, or 2: the threat breaks in to your home.
If 1:, everyone goes home (or jail, or hospital) alive.
If 2:, you NOW have a valid self defense situation.
If you went and opened the damn door? You're a moron. And - legally speaking - you just invited the "threat" into your home by giving them access.
[QUOTE="Peglegjoe, post: 67098, member: 655"
Don't open the damned door!
If you went and opened the damn door? You're a moron. And - legally speaking - you just invited the "threat" into your home by giving them access.
[/QUOTE]
My wife set a code of number of knocks on the door with family and friends , all others don't get the door opened , even with a peep hole in the door
Don't open the damned door!
If you went and opened the damn door? You're a moron. And - legally speaking - you just invited the "threat" into your home by giving them access.
[/QUOTE]
My wife set a code of number of knocks on the door with family and friends , all others don't get the door opened , even with a peep hole in the door
Keystone19250
SAINT
Most likely there is or usually is however I don’t think it’s going to change the outcome, this was a seriously bad decision that’s going to cost that man some years in prison. My opinion.
jumpinjoe
Hellcat
Got to agree here. Why would anyone be foolish enough to open the door to someone who he thinks is trying to break in and cause him harm? That's going to be a hard question to answer reasonably I'm thinkin'.
It might if the shooter knew the shootee ;-)
Use of deadly force to protect life or prevent great bodily injury, standing alone, does not implicate probable cause to believe the person defending himself committed a crime.
As a cop (I hope all cops comprehend this sad fact arising from our litigious society.) I'd have had no problem if a person who had used deadly force to protect his life or prevent great bodily said to me, "Because I want to prevent the dirt bag's relatives from suing me, I'd like to wait until my civil attorney arrives before answering questions."
To me, that the wise way to respond.
Mr. Untactical
Master Class
This is what concerns me regarding all of the folks out buying firearms these days. Some percentage of them will buy them, load them, and store them without ever shooting them or training with them. They expect a firearm to be like driving a car, something you intuitively know how (and when) to use. And just like many drivers, they'll have no clue what to do when the situation goes sideways.
With all due respect, your concern is often cited by gun grabbers as justification for infringing upon We the People.
Guns cause crime like cars cause drunk driving.
Mr. Untactical
Master Class
Your point is noted, but I was merely pointing out the fact that some number of the aforementioned new gun purchasers won't know one end of their new firearm from the other - and won't take the time to learn.
For those of us in the gun community, it's our responsibility to ensure folks who are exercising their constitutionally protected (but God given) #2A rights do so without giving any more ammunition to the "gun grabbers" than they already have.
The difference between me and a gun grabber is that I want each of these new firearm owners to learn how to operate their gun competently and safely. I want them to read, watch video, take classes, practice (dry and live fire), and so on.
Gun grabbers would just use their fear and lack of knowledge/ability as a reason to deny them the right to have their firearm. That's not me... at all.
I just don't want to be shot by a neighbor who's clueless about his shiny new gun or the four rules of firearm safety. When I bought my first semi-auto pistol, I did a ton of research, not only on which gun would be right for me at that point in my firearm journey, but also on the right way(s) to handle all the various functions and responsibilities that come along with it.
With great power comes great responsibility.
I wouldn't even say you're emotional and were in fear for your life. Just assert you constitutional right to silence and ask for your attorney and then clam up.