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by Shoot_First
Sun Aug 12, 2012 9:28 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Good Friend Got Into A Gun Fight
Replies: 64
Views: 18836

Re: Good Friend Got Into A Gun Fight

Jeremae wrote:If the phrase "be arrested" was modified by any adverb indicating chance or probability like "may, can, are likely or even will", your instructor was informing you of what could happen. Using deadly force violates the primary statues against assault and homicide and you are subject to arrest and being charged. However the police may choose to not arrest and the DA may choose to not charge you. The police will almost certainly disarm you and technically, if they handcuff you, you are under arrest. What happens from there is based upon the evidence gathered by police including any statement you make and the judgement of the DA and/or the local Grand Jury.

It is good that your friend's preparation and actions allowed him to get through this violent attack unharmed physically and hopefully there are no lingering emotional injuries. This seems to be a clear cut and dried case of a valid use of deadly force in self defense as well as repelling a robbery so he should not have legal issues.
I respectfully disagree with your statement "... and technically, if they handcuff you, you are under arrest." I agree that you will be disarmed and perhaps you will be handcuffed for officer safety, you will not be under arrest until so stated by the LEO.

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