The use of deadly force with your weapon - Page 2
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Thread: The use of deadly force with your weapon

  1. Quote Originally Posted by Treo View Post
    You should absolutely follow all the random anonymous advice you get on the internet instead of actually contacting a lawyer in your area who is well versed in 2nd amendment law.

    Under no circumstance should you schedule a consultation w/ him ( even if it costs you a couple hundred) get some pointers from him and establish a working relationship w/ him so the first time he hears your name isn't when his answering service calls him to arrange your bail in the middle of the night.

    Just follow the random internet legal advice ( that's worth exactly what you paid for it) you'll be fine
    I have advocated consulting with an attorney in past posts. However during your consultation you should discuss how to present the fact that you have consulted an attorney. A prosecutor could portray such a consultation in a negative light. (you planned ahead? You must have WANTED to shoot someone right?)

    I would begin with a lawyer you know. Describe what you want and ask if they have the type of experience to meet your needs. If they do not, then ask them if they can recommend anyone. Going to an attorney with a referral tends to open more doors.

    Criminal defense lawyers can get uncomfortable discussing potential crimes you might commit in the future. Having a referral can make a big difference. Some attorneys nay not understand why you are consulting them for something that has not happened yet. I have seen emails fro attorneys who were cold contacted expressing concern about accepting a consult from someone who appears to be planning to shoot someone.

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  3. Depends. If you live in a castle doctrine state/stand your ground. Say whatever the **** you want. The police and or ADA can try and mess with you but the law is the law. And you are protected

  4. And another thing. What's with all you pansies crying about having to use your weapon to defend your families. That's why the he'll you bought a gun in the first place. Some POS enters your home they forfeit their right to life. Don't worry about them be thankful you and your family are safe and get to go on living.

    Semper fi

  5. #14
    In regards to the use of deadly force, i have always found these words helpful, as a general guideline:

    Force that a person uses causing, or that a person knows or should know would create a substantial risk of causing, death or serious bodily harm.

    •Lesser means has been exhausted, are unavailable, or cannot be reasonably employed.

    •The risk of death or serious bodily harm to innocent persons is not significantly increased.

    •Self defense and defense of others.

    •Serious offense against persons.
    NRA Certified Law Enforcement Instructor.
    NRA Certified Pistol Instructor.
    NRA Certified Range Safety Officer.

  6. Quote Originally Posted by KAM65 View Post
    In regards to the use of deadly force, i have always found these words helpful, as a general guideline:

    Force that a person uses causing, or that a person knows or should know would create a substantial risk of causing, death or serious bodily harm.

    •Lesser means has been exhausted, are unavailable, or cannot be reasonably employed.

    •The risk of death or serious bodily harm to innocent persons is not significantly increased.

    •Self defense and defense of others.

    •Serious offense against persons.
    I learned and had to memorize that exact same thing in the Navy

  7. #16
    Had to do the same thing, as a contractor from Lockheed. It's pretty short and sweet, easy to remember and to the point.
    NRA Certified Law Enforcement Instructor.
    NRA Certified Pistol Instructor.
    NRA Certified Range Safety Officer.

  8. #17
    Always say you stopped the threat. Don't say you shot and killed him. It sounds unprofessional and it can be argued in court that it sounds like murder.

  9. #18
    JSDinTexas Guest
    From an instructor a long time ago - tell them you want to answer all their questions and be completely cooperative, but right now "I have a very bad pain in my chest and can't get my breath, please call EMS."
    This buys time, changes the focus to a health emergency, and usually stops any questions.

  10. Quote Originally Posted by jsdinTexas View Post
    From an instructor a long time ago - tell them you want to answer all their questions and be completely cooperative, but right now "I have a very bad pain in my chest and can't get my breath, please call EMS."
    This buys time, changes the focus to a health emergency, and usually stops any questions.
    NOT a good idea. Statements like this, are exactly what Treo was talking about, and are exactly why you need to consult with an actual attorney (IANL) in real life, well versed in the laws and precedents of your state and municipality.

    You have fifth amendment rights. Police and prosecutors cannot use your exercising your fifth amendment rights as a negative in court. Juries are instructed NOT to view taking the fitfh as an indication of guilt or evasion. To do so would be to infer answers that may or may not be true.

    On the other hand, claiming a medical emergency, if untrue, DOES paint you in a negative light. You were willing to lie to a police officer, what else were you willing to lie about? ONE willful lie and your entire statement/story can be called into question. This is the sort of thing that can result in prosecution rather than no charges filed.

    Answer simple questions whose answers are obvious from direct observation. How many people are injured, anyone you saw fleeing the scene, your physical description. A statement that you were in fear for your life and shot to stop the threat is likely ok. Leave out specifics, you are going to want to tell your story. Resist that temptation.
    Once you have answered the obvious questions. (consult with your attorney to find out which ones are OK) say this:


    I intend to fully cooperate with your investigation but I do not wish to make any further statements until I have consulted with my attorney

  11. #20
    Up "play" you were in fear for your life.

    Down "play" any training and scenario drilling you have done to prepare yourself and family for the worst.

    Don't throw up after you come out of the shock of killing your first human.

    Try not to soil your clothing in the heat of battle.

    GG
    Fanatics of any sort are dangerous! -GG-
    Which part of "... shall NOT be infringed..." confuses you?
    Well now, aren't WE a pair, Raggedy Man? (Thunderdome)

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