If you have to shoot...

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recrisp
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If you have to shoot...

#1

Post by recrisp »


I just saw this YouTube video of a private investigator talking about what you should do, OR, not do, IF you do shoot...
First, I only bring this up so it can be discussed, I don't know the laws, and I am still awaiting my CHL, so feel free to discuss it, I only thought it was very interesting, and a lot makes sense, but some seems that it may (or may not be) too much of a risk to do.
Since I personally don't have a clue about the legalities of a CHL holder in a shooting scenario aftermath, maybe you do, but, he does really bring up some really good points, ones that I have not thought of.

I at first looked at him talking and formed an personal opinion of him, I changed that opinion after listening to him talk more, so don't let his 'first impression' plug your ears. :)

Hopefully this has not been posted before, but it seems to me to be a really important thing to not just consider, but delve into more, as in, have a lawyer on speed dial, that sort of thing, I wouldn't have a clue right now how to call a lawyer should I shoot a bad guy...



Randy

The Wall
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Re: If you have to shoot...

#2

Post by The Wall »

You can get a lawyer after, but just keep your mouth shut until after you do. "Officer, I'll be happy to answer your questions after I talk to an Attorney."
Of course it never hurts to be prepared. There is insurance available which would include an attorney if and when you need it.
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The Annoyed Man
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Re: If you have to shoot...

#3

Post by The Annoyed Man »

recrisp wrote:


Randy
FYI... if you put that URL between the tags, you'll have a clickable link that people can follow: https://www.youtube.com/watch?v=xwsY3L2nMnI

If you place that URL between the [youtube][/youtube] tags, remove the "s" from "https", and remove the "www.", you'll be able to embed the video in your posts:
[youtube][/youtube]

MOST officers (unless they are the responsing officers) and lawyers will tell you that you do not help yourself by talking without a lawyer present. Commonly accepted wisdom is to tell the responding officer(s) something along the lines of this:
  • Officer, I'm sure you can understand that I am pretty shaken up right now. I'm feeling a little short of breath and I can't get my heart rate down. I would love to cooperate with your investigation, but I need to get calmed down and get some rest, and I would rather wait until I have a chance to speak to my lawyer before making a statement.
There is a probability that you'll be taken downtown for an interview, but that's not 100% certain. Your gun will almost certainly be temporarily confiscated. You will have a possibility of being called before a grand jury. If it is a righteous shoot, you'll most likely be no-billed, and your gun returned to you. Even a righteous shoot is likely to cost you in the 5 figures in legal fees.
“Hard times create strong men. Strong men create good times. Good times create weak men. And, weak men create hard times.”

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recrisp
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Re: If you have to shoot...

#4

Post by recrisp »

The Wall wrote:You can get a lawyer after, but just keep your mouth shut until after you do. "Officer, I'll be happy to answer your questions after I talk to an Attorney."
Of course it never hurts to be prepared. There is insurance available which would include an attorney if and when you need it.

That's what I had always heard, and it seems to be what most would too, but, this guy seems to know what works, or, it seems that way, I just kind of wondered what other people would think of him mostly, saying what he does, and how it sinks into your brains. :)

Randy

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recrisp
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Re: If you have to shoot...

#5

Post by recrisp »

The Annoyed Man wrote:
recrisp wrote:


Randy
FYI... if you put that URL between the tags, you'll have a clickable link that people can follow: https://www.youtube.com/watch?v=xwsY3L2nMnI

If you place that URL between the [youtube][/youtube] tags, remove the "s" from "https", and remove the "www.", you'll be able to embed the video in your posts:

MOST officers (unless they are the responsing officers) and lawyers will tell you that you do not help yourself by talking without a lawyer present. Commonly accepted wisdom is to tell the responding officer(s) something along the lines of this:
  • Officer, I'm sure you can understand that I am pretty shaken up right now. I'm feeling a little short of breath and I can't get my heart rate down. I would love to cooperate with your investigation, but I need to get calmed down and get some rest, and I would rather wait until I have a chance to speak to my lawyer before making a statement.
There is a probability that you'll be taken downtown for an interview, but that's not 100% certain. Your gun will almost certainly be temporarily confiscated. You will have a possibility of being called before a grand jury. If it is a righteous shoot, you'll most likely be no-billed, and your gun returned to you. Even a righteous shoot is likely to cost you in the 5 figures in legal fees.

Thanks for letting me know, I'm not (usually) computer, or forum illiterate, but I am today, I 'assumed' that what I had was a link, it is that way on most of the forums I frequent.
The video is the same way, to be honest, I didn't even give that a thought, to make it embedded, I have never, ever, in all of my years online needed to embed one, but I learned something today. heheh

As far as what you said about the above, I would imagine that we all have certain things that we would believe, and, do, and I am sure that the onsite officers temperament would play into it also.
For me, I would just try my hardest to keep away from certain things, and hope that if and when I do get into a situation I would do the right thing, think under fire, so to speak... :)

Thank you for helping me out.

Randy

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Re: If you have to shoot...

#6

Post by mulfjohn »

Curious to see what Charles says. :headscratch :tiphat: :confused5

TXBO
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Re: If you have to shoot...

#7

Post by TXBO »

Massad Ayoob is a well respected authority on this issue. Here is what he has to say:
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recrisp
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Re: If you have to shoot...

#8

Post by recrisp »

TXBO wrote:Massad Ayoob is a well respected authority on this issue. Here is what he has to say:
" onclick="window.open(this.href);return false;
Thanks for that link, it looks like I have a lot of reading to do on this guy, very interesting stuff.

Thanks again!

Randy
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Re: If you have to shoot...

#9

Post by TVGuy »

I thought the guy in the embedded video was Larry Flynt for a moment.
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ELB
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Re: If you have to shoot...

#10

Post by ELB »

The guy in the video is interesting, but he often has a very, shall we say, out of the main-stream interpretation of things. I would research a wide range of lawyers and others (e.g. Ayoob) before making a decision about what you're going to do after pulling the trigger. Tread carefully here.

I will add this tho, cuz it made a lot of sense to me:

Andrew Branca, also a lawyer and one who seems to specialize in SD cases and is quite public about it, suggests in his book that rather than carrying around the number of a lawyer to call if you get hauled in, carry (or memorize) the number of someone who you can call for help who will then not rest until he finds you a lawyer who will represent you. Branca notes a lot of lawyers are not necessarily going to answer their phone in the middle of the night, might be on vacation, etc, and you've just shot your one call on a dead end. Presumably you have at least on buddy who you can wake up and get moving to help you out.

That makes a lot of sense to me. (and piling on, some officer one time pointed out that your wallet may very well be confiscated -- and certainly your cell phone will be -- along with that phone number you wrote down. So memorize the phone number of your buddy.).
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Re: If you have to shoot...

#11

Post by cheezit »

To add to tams response you may be so shook up I ride to the hospital may be in order

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recrisp
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Re: If you have to shoot...

#12

Post by recrisp »

ELB wrote:rather than carrying around the number of a lawyer to call if you get hauled in, carry (or memorize) the number of someone who you can call for help who will then not rest until he finds you a lawyer who will represent you. Branca notes a lot of lawyers are not necessarily going to answer their phone in the middle of the night, might be on vacation, etc, and you've just shot your one call on a dead end.
Very good point, I really like that idea. It all a matter of common sense really, but, without really dealing with this stuff all of the time, your average CHL holder may not think of this stuff, I know I didn't, and I really appreciate the fact that y'all are bringing this stuff to light, because whether or not we'll all admit to it, I bet a lot of us have not considered most of what goes on 'after the fact'.
For my money, so far, Massad Ayoob is the guy to go by, he has the history to back up what he says...

Keep 'em coming, this is VERY helpful stuff, I really do hope that I never have to use it, but one never knows. :)

Randy

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recrisp
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Re: If you have to shoot...

#13

Post by recrisp »

TVGuy wrote:I thought the guy in the embedded video was Larry Flynt for a moment.

Heheheh, I KNEW he looked familiar to me too, I didn't know who he looked like until you mentioned that, and you're 100% correct, he does look like him!

Randy
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