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Defense Lawyers point of view for using your concealed firearm

Posted on 2/14/16 at 10:32 pm
Posted by TigerTatorTots
The Safeshore
Member since Jul 2009
80803 posts
Posted on 2/14/16 at 10:32 pm
Very good read

LINK /

Posted by Kino74
Denham springs
Member since Nov 2013
5346 posts
Posted on 2/15/16 at 3:14 am to
Definitely a good read. One thing too is if you are carrying and have to use your weapon, I personally would holster the weapon as soon as possible. I do not expect a cop to automatically know who is the innocent member in the incident. Do not expect the person on the phone to relay everything 100% to the arriving officer. Holding a firearm when a cop shows up has the potential for a tragic mistake.

Second thing is invoking your right to silence is highly important. The use of a firearm in a defensive manner that results in an injury or fatality is not something that happens everyday for law abiding citizens. You most likely didn't do everything 100% right and you better believe that can hurt you. Think of anything you had to do the first time in your life and the mistakes made. Furthermore you probably will be emotionally affected and saying anything that can be construed against you will be used against you. If anyone thinks not talking is an admission of guilt then that person is in a for a rude awakening. Innocent people can and do go to jail.

The gun can save your life but your brain can save your liberty.
Posted by 911Moto
Member since Sep 2013
5491 posts
Posted on 2/15/16 at 7:39 am to
Good article. My favorite line:

quote:

At this point, your immediate plan should be not to get shot by the police




ETA: Reading that section to my dog right now.
This post was edited on 2/15/16 at 7:40 am
Posted by Mung
NorCal
Member since Aug 2007
9054 posts
Posted on 2/15/16 at 8:40 am to
don't forget to have $25K-50K in the bank to pay his fees up front.
Posted by SpeckledTiger
Denham Springs
Member since Jul 2010
1477 posts
Posted on 2/15/16 at 8:47 am to
I've had very limited involvement with LEOs in a criminal sense. A few scuffles during tailgating where statements were given no charges filed, minor stuff as a juvenile (like really minor curfew violations)... with that said, if I remain silent, I imagine my chances of going home within the next 48 hours are just a tad above 0%. Are there any LEOs here that can disagree with that assessment?
Posted by MahiFishn
NOLA
Member since Aug 2011
536 posts
Posted on 2/15/16 at 10:38 am to
This was indeed a good read, but just like any article you read there are some things to take into consideration.

First of all, this guy is from Arizona and their laws seem to have some differences than that of Louisiana Law.

Second, i think he made some really good statements, but after reading the part about not keeping a round in the chamber, i had a difficult time taking him serious.

As far as not making a statement and LEO goes, its pretty common. The physical evidence should speak for itself. In the event that it doesn't, your lawyer will definitely be better at giving the statement.

For example, you have to call 911 because an intruder broke into your house and you shot him in fear for your life. The intruder is wearing a mask, gloves, and a hoodie. The intruder has a weapon (considered deadly). After you shoot and kill him, he drops where he is. What physical evidence does the officer have if you give no statement?
Posted by Tigerpaw123
Louisiana
Member since Mar 2007
17279 posts
Posted on 2/15/16 at 11:40 am to
"officer, there he is, that is the person that threatened my life, I want him arrested and I will file charges" (even if he is laying lifeless on the floor in a pool of blood with 12 holes through him,

next statement, I want my lawyer present before answering any questions and I am requesting an ambulance (possibly due to chest pains, anxiety, or injuries sustained during confrontation)
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 2/15/16 at 1:19 pm to
Speaking from experience as a detective.

If you haven't done anything wrong you should always provide the investigator a statement. Give the investigator something to work with.

As an investigator, just give me a summary of the events. We can sit down later for a detailed interview and questions.

But show some cooperation and get your side of the events documented at the beginning.
This post was edited on 2/15/16 at 1:21 pm
Posted by thejudge
Westlake, LA
Member since Sep 2009
14072 posts
Posted on 2/15/16 at 4:12 pm to
Dont talk to cops part 1

don't talk to cops part 2

One why being silent after a shooting might be the best bet
Posted by rattlebucket
SELA
Member since Feb 2009
11486 posts
Posted on 2/15/16 at 4:44 pm to
The lawyer says
quote:

I recommend you do not carry your firearm with a round in the chamber.


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