[Guardsman]

Hello all, I haven't been involved in anything, but I have been trying to find out if anybody has any experience or information on what does or could be expected to happen if I was involved in a shooting. I know it varies, but I mainly want to know how to make sure that I don't get tagged as a bad guy when the LEO's arrive. Any info would be appreciated. Thanks.

 

[Fourty5Cal]

I live in California, and thought that getting a CCW was impossible (your wildest alchohol induced dreams about you and ALL the Victoria Secrets models are more likely to happen).

If you are asking what are legal repercussions of carrying illegally, and being involved in a self defense situation. Without being a criminal lawyer, I would say if the shooting was ruled justifiable you would not be charged with murder/attempted murder, but would be charged with carrying a concealed firearms.

I am not 100% up to date on new criminal law, but I know that the penalties for crimes involving firearms have gone up substantially.

 

[Guardsman]

I'm looking for this: If I have a CCW, and am carrying legally, and I get in an altercation alongside the road, and I end up shooting a guy in self-defense, what kind of initial reaction could I expect from LEOs arriving on the scene, i.e., would I be cuffed, read my rights, and treated as a suspect, or would I simply be questioned at the scene, and maybe continue at a station, and then released from there pending the rest of the investigation? Also, what actions should I take as the LEOs arrive on the scene, i.e., should I clear and ground the weapon, or should I wait and advise the officer that I am armed, and allow him to take the weapon, etc.? I'm not asking for specific tactics, of course, just what to expect in general, and how to insure that the responding officers don't get spooked, mistake me for a bad guy and light me up. Of course, I know the common sense bits, don't run over to the police car with my gun in my hand, don't pull my gun out of the holster as they arrive, those kind of things. Thanks.

 

[Shane1911]

A lot of this depends on the responding officers and the situation and location where the shooting occurred.

First, make certain your threat that caused you to shoot, is neutralized. Call the police yourself, if possible. Give the 911 operator your name, your description and tell them you have just shot someone in self defense. The operator will tell you what to do next.

Basically, if the police have not shown up yet (AND YOUR THREAT IS NEUTRALIZED), clear your weapon, remove the mag and set them both on the ground (or other obvious area) away from your person. Not a good idea to have a gun in your hand or on your person. Do not move anything in the immediate area - leave everything the way it landed. Don't pick up your brass, or touch the assailant's weapon (if any). Do not touch the assailant. If there are any witnesses in the area, ask them to please remain until the police arrive.

The police will show up, and you will be considered a threat until you are secured and cuffed. Raise your hands above your head and obey every command that you are given by the police. Now is NOT the time for explainations or rationalizations. Do what you are told - period.

You will be frisked, cuffed and have your rights read to you. Keep in mind that you have just killed or attempted to kill someone. It is not the cops' job to asertain guilt or innocence. They are doing their job, do not get defensive, and certainly don't get offensive.

They will ask if you want to give a statement. I would suggest something simple like "I was in fear for my life and I REacted accordingly. I would like to call my lawyer." That's all you say. Note that I suggest you say *RE*acted. This indicates that you responded to a threat, and were forced to shoot.

 

[9mmepiphany]

shane's advice was very sound

even if they see your gun that has been cleared...
1. expect to be frisked for additional weapons/contraband
2. expect to be cuffed and placed in the back of a car, until they secure the scene
3. expect your explaination to be "cut off" until they figure out that everyone involved is accounted for
4. even if you don't desire to make a statement, you will have to give a certin amount of identifying infomation
5. you will have your gun taken as evidence and it will not be returned until the case is settled

 

[Guardsman]

Excellent, this is what I have been looking for. I have asked around a bit here in my area, and it has been vague. Thanks for the info, if anybody else has anything to add, feel free. Thanks.

 

[thor]

10-4 to what everybody's contributed thus far.
I would only add that Massad Ayoob wrote a book titled "In The Gravest Extreme" goes into some pretty good details covering your question -- and from more than one angle.

Go ahead, shell out the few bucks & buy it.

I STILL refer to the book in teaching the L.E. / legal portions of the NRA Personal Protection (& other, more CCW-specific) Classes.