After You Defend Yourself

A

asmall

Inactive
I recently started going to the range and shooting, and I just purchased my own handgun. I like shooting, and I'm glad I made the purchase.

Now I have to ask myself the question: Am I prepared to use it to defend myself and my wife in a life-or-death situation? If I'm not sure, then I know that I have no business keeping it loaded in the home, and I should rent storage space at the range.

I've thought about it, and I'm pretty sure I can do it. The only reason I don't say 100% is because it's the sort of thing that you can't really know for sure unless it actually happens. But in crises my tendency is to focus rather than freeze. And I simply can't see myself refusing to do what is necessary if we're ever in mortal danger.

So I'm about as confident as I think a person can reasonably be. To me, over-confidence on something this serious is a sign of rashness.

At the same time, I suspect that the use of deadly force, no matter how justified, is not without emotional repercussions. If I'm ever in a situation where I have to defend myself I do believe that I will be able to do it, but I wonder how I'll respond afterward. I'm sure that I'll have emotions to work through.

So, here's my question: What are the repercussions if those emotions come out when the police arrive? I know that the best thing to say to the police is simply "Officer, I understand that you have questions, and I will be glad to cooperate, but I would like to have a lawyer present." But even if I maintain the composure to simply say that and otherwise exercise my right to remain silent until the lawyer arrives, demeanor and impressions can affect how the authorities treat the matter. If I'm visibly emotional, will I look like a guilty man? Or would a lack of emotion look worse, suggesting that there must be some reason why I'm not all that upset after a violent confrontation?

I'm not looking for a way to "out-smart" the cops and prosecutors if I ever have to defend myself. I know that the best defense is, in the end, good decision-making during the incident. But if I'm going to keep deadly force available for defending my home, I want to think carefully about the possible implications of the decision and my response.
 
My husband and I asked our CC class instructor the same thing. You tell him exactly what you typed about wanting your lawyer present. Also say that you are a little shaken and would like to wait and collect yourself, with your lawyer, before commenting any further.

The cops know you will have some type of reaction, whether it be mild or severe. But once you tell them you're waiting for your lawyer, they will not talk to you again. I was tld once they hear the big "L" word, they stop.

Anyhow, don't get beligerant, don't get angry, don't get loud, just sit and wait. Sure, you're going to get sweaty, scared, stressed, but do not say anything, even to yourself or under your breath. Sit on the curb or up aginst a car and wait.

I'd like to see what else others have to say about this as well.
 
How you appear might give the cops reason to react differently. However being calm, giving only the facts, and not lying does not implicate you. "Officer he forced his way into my home, was aggressive, I was in fear for the safety of my family, and I defended them accordingly to my abilty, and rights". If they invite you downtown for a conversation you would be wise to ask if I am under arrest. If the answer is affirmative then your response would be to wait until you are read your rights, and respectfully decline to answer until counsel is present. Remember that any information you "volunteer" before your rights are read is admissable in a court of law.
At least that is my understanding.
 
Years ago this was discussed here and from vague memory
LEAVE THE GUN IN THE OPEN and get the heck away from it !

Dont attempt to do the "right" thing and drop the mag/clear it
or swing the cylinder out if a revolver.

It may be "instinct" to you to do this BUT to a D.A. it might seem
odd that after a shooting you had the presence of mind to do the above.

Probably should be in the Legal Forum btw... ;)
 
Shorts-

Thanks for the advice.


HS-

What do you say if asked why you didn't unload the weapon? "I was told that unloading it looks bad" also suggests some presence of mind, as well as a determination to outwit the authorities. "I wasn't thinking of it" sounds plausible, but if the goal is to present yourself as a responsible gun owner, then unloading it and simply saying "It's the safe thing to do" seems best. As well as honest.

Maybe I should have put this in the legal forum, but I was also interested in the emotional aspects of how people respond after a self-defense shooting. And the issue of emotional preparedness. I know that I usually focus rather than freeze in a crisis, and I cannot see myself not doing what's necessary. But I'm not cocky enough to predict with certainty what I'll do in a situation that I've never faced.

In the end, I guess the best preparation is to think things through in advance, so I'll hopefully be able to make good decisions.
 
Why the heck would any of you think that you shouldn't demonstrate "presence of mind?" The law doesn't require you to be contrite, to be emotional or not, etc., etc., How you're treated will depend largely on the circumstances of the event and the jurisdiction in which the event happened. If you happen to live in a state run by pusillanimous DemocRATs, eg., MARYland, don't expect to be treated the same way as if you lived in the U.S.
 
Yup, the leave it, unload it argument is a toughy
(could go either way in Court) and hopefully no one here
will ever have to think about/do it but as far as general
discussion goes I had to toss it in for people to ponder. :cool:
 
Since I've only done practice runs, I'd imagine the adrenalin will really be flowing. Once the situation has stopped and cops come to secure he scene, I imagine you will start experiencing coming down from the adrenalin high. You'll be shakey, trembly, nervous with the cops. Just try to manage your breathing to calm yourself down. You might even cry or well up (well, girls normally do after such an andrenalin high and what they just did starts hitting them), its just a release.

If things went well as far as tactically, then you were well prapared in your training so your physical responses were as they should. Mentally you had trained for it, so that made your ready to respond. Emotionally, you might feel it immediately, or it might be delayed a bit.
 
As the cops arrive, provided your assailant is no longer a potential threat, I don't think it's "unwise" to unload your weapon and put it down in a safe, visible position. Assuming inside your own home, a table or countertop is suitable. If asked, you can respond that it's part of your training to "safe" the weapon when it won't be under your control. (The truth of it is, I don't want some cop "accidentally" firing a round when he secures it.)

As to avoiding diarreha of the mouth, remember that all you need to tell the cops is that you were threatened and in fear of your life. Then, politely tell them you are still scared, shaken up and think it's best if your lawyer is present before saying anything. If the officer(s) push it - why do you think you need a lawyer? - respond simply with because I can't stop shaking and .... I think I'm gonna throw up. (This usually gets you quite a bit of space and time to calm down).

Also, if you shoot someone inside your home, don't be surprised if the cops want to look in every room of the house, every closet and even the garbage cans inside and out. Remember they are investigating any shooting as a possible homicide. If you live alone, when your lawyer arrives, agree to shut up and let him handle it. I prefer him to remain at the house to observe police activities while I imitate a deaf-mute while being booked and waiting to talk to him later.
 
Bill: Your "I prefer to let him remain...." implies that you've actually shot someone in your house, at least once. Is that true? If so, would you mind sharing the details?

Fortunately, I've never had to take the life of another; however, I do have a couple of friends who've been through that. Neither suffered nervous breakdowns, prosecutions, etc.
 
I have never been in a SD shooting, and I have never known someone who has been through it. All the advice given so far makes alot of sense.

Then, politely tell them you are still scared, shaken up and think it's best if your lawyer is present before saying anything. If the officer(s) push it - why do you think you need a lawyer? - respond simply with because I can't stop shaking and .... I think I'm gonna throw up. (This usually gets you quite a bit of space and time to calm down).
Click to expand...

How do you know that for a fact?
 
Safe and sane

Hi,
I think you are going to have to go by what your gut tells you at the time.

Training is very important whether it is self induced or you go somewhere and get it. But you must go through the motions and the thoughts, one way or
another. If you don't you are not being responsible, to yourself or others.

Unfortunatly and this is a sad situation, you need to tell them what happened then you need to talk to a lawyer.
To confuse the situation by saying I want my lawyer is to confuse the fact that you are being arrested or you are the innocent person.

Simple you are in a traffic accident officer say's can you tell me what happend? No I want my lawyer. NO Good. You need to be able to tell them or you will be considered incompetent right from the get go.

Harley
 
After you use deadly force to protect yourself, shut up, lawyer up. The police that respond are not your friends. They are there to investigate and arrest someone. You dont want to be that someone.
 
Dare I bring up the spectre of having shot a guy in your home (or even not in your home) and he has not been instantly killed... Should you be trying to save his life after you have shot him and eliminated the threat he presents?!

What if you have a guy with three rounds of .40 in him, bleeding and gasping and writhing, and the cops are on their way? How would it look if you were just sitting staring at him, doing nothing regarding CPR/first aid?? :confused:

-blackmind
 
blackmind: Maybe my mind's a little blacker than yours, but I wouldn't do a damn thing to assist somebody who'd tried to kill me and/or my family and/or friends.
 
Unfortunatly and this is a sad situation, you need to tell them what happened then you need to talk to a lawyer.
To confuse the situation by saying I want my lawyer is to confuse the fact that you are being arrested or you are the innocent person.
Click to expand...

Umm, no. You need to stop worrying about how things "looked". That's not what is going to be said in court. What will be said is what you talked about. The cops are going to scrutinize everything there at the scene.

A lawyer is nothing more than a professional studied up to help you make all the proper and best decisions in your legal endevor (well, you get my drift). Words WILL get twisted around. They're taken out of context. They're sid with different tones. DON'T SAY ANYTHING. Once a cop gets you talking, just to answer a simple question about what knida pants you're wearing, you're done. The cop will just keep asking and asking. I've done this in training. It's crazy, the pressure and nervousness. You don't know what to say. Or if what you said is the "right" thing. Just don't say anything except "I will cooperate and make a statement when my lawyer arrives."

As for comparing a car accident to a shooting. Well, there's a difference between the two. You can't compare them like that.
 
Zekewolf,
That's the thing. I'm not of a mind to be all nice to the scumbag who tried to kill me or mine... but I'm asking how does it look if the cops arrive and the guy has maybe just died, and the autopsy shows that for 25 minutes he was possibly in a state where his life could have been saved.

I have never heard a comprehensive discussion of the obligation of someone who has just used justifiable deadly force that did not actually kill the subject to help that person now that he's injured.

What would our defense be, anyway? "I was worried that now in his injured state, he might panic and reach for another hidden weapon"?

-blackmind
 
Blackmind,

From what I understood, after you have called 911, then you have fullfilled your obligation in getting medical help to the gunshot victim. You may not be trained in cpr, and if you attempt it and he dies, it may look like you killed him in the guise of helping him. His family will have a field day during the wrongfull death lawsuit.
 
maybe back up a step or two ... got my first PP in NYS, second one in Ct. CCW an next will be in NC/ of coarse i asked the big question an will ask here as well "What If" well chances are it ain't gonna happen, but if mis-fortune does accure... you best be ready for some trouble... anyways both answers where.... first thing is call 911 an ask for Ambulance.. some has been shot. the second thing is call the cops " " " " the thing that my 1st Chief said in NY was , if the reason is justifiable , a real life threatening deal, remember "worry about the outcome later ". he said "would you rather be carried by 6 or tried by 12". ... that statement stuck with me forever it rules in my mind. Differ'd from the 1st Chief the second Chief said... " it would Better if there was only one testimony in court ", an don't shoot anyone in the back. Well if i had a choice to defend myself/ family ... there would be no second thoughts. All the advice people have given here is the greatest info to follow, stuff i've never heard out in the open before ...sounds as if some may have been involved. i guess it's time for me to take an SD class as well...
just my .02 cents .......good stuff great info ...
 
Just to really mix things up here & getcha thinking ...

Would the "Good Samaritan Law" be applicable to someone you've just SHOT? :eek:
 
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