How to Defend your Loved Ones Without Getting Arrested
The headline reads Man Arrested for Defending His home from Gang. In reality, he was arrested for recklessly discharging a weapon.
The guy went about the whole thing wrong. Here's the legal approach.
He told them to leave then called police. Ok so far. He retreated inside his home. Good. He got a weapon. Ok, he's still operating within the law.
Then he blundered by going outside, threatening the gang and eventually discharging his weapon. Bad.
The law in most states and cities requires you to ask the assailant to leave, retreat inside and if the assailant follows you inside, ask him to leave again as you retreat to your final refuge. If the assailant continues to advance, and you feel your life is threatened, then shoot him until he stops advancing.
Secure your weapon afterwards, call the police and tell them what happened, cooperate with police when they arrive. The truth, the whole truth and nothing but the truth, always. Do not embellish. Do not disturb any evidence. The truth will come out of the police investigation.
Never shoot someone outside the home, always retreat to your keep before firing. And if you must shoot, empty the magazine at the center of mass of the assailant. If the assailant continues to advance or you suspect more assailants, you can reload and fire. If a lone assailant is down and not advancing don't reload and continue to shoot him. Never shoot at a fleeing assailant, as that makes you the assailant.
Pointing a weapon at a thief is risky business, shooting a thief will usually get you arrested.
Ask your lawyer about specific laws in specific locales. They vary and you need to know your rights.
Get regular range time to learn to use your weapon naturally. Think about having to shoot someone, it's not as easy as it sounds, especially in a very stressful situation. Remember that 70% of all shots fired in anger go high because people really don't want to harm people. Aim into the center of mass and smoothly pull the trigger. Pulling a weapon is dangerous business, especially if you are not prepared to use it. Remember too, the assailant may be a career criminal who has beaten, stabbed and shot people before. He is ready to hurt you, are you ready to hurt him? Weapons in the hands of an untrained, unprepared, frightened person who has not thought through shooting another person often are useless. Do your homework.
Disclaimer:
I am not a lawyer or law enforcement officer and the opinions expressed here are my own based upon conversations with both local lawyers and cops. Local laws vary widely so seek local legal guidance before following my musings.
The guy went about the whole thing wrong. Here's the legal approach.
He told them to leave then called police. Ok so far. He retreated inside his home. Good. He got a weapon. Ok, he's still operating within the law.
Then he blundered by going outside, threatening the gang and eventually discharging his weapon. Bad.
The law in most states and cities requires you to ask the assailant to leave, retreat inside and if the assailant follows you inside, ask him to leave again as you retreat to your final refuge. If the assailant continues to advance, and you feel your life is threatened, then shoot him until he stops advancing.
Secure your weapon afterwards, call the police and tell them what happened, cooperate with police when they arrive. The truth, the whole truth and nothing but the truth, always. Do not embellish. Do not disturb any evidence. The truth will come out of the police investigation.
Never shoot someone outside the home, always retreat to your keep before firing. And if you must shoot, empty the magazine at the center of mass of the assailant. If the assailant continues to advance or you suspect more assailants, you can reload and fire. If a lone assailant is down and not advancing don't reload and continue to shoot him. Never shoot at a fleeing assailant, as that makes you the assailant.
Pointing a weapon at a thief is risky business, shooting a thief will usually get you arrested.
Ask your lawyer about specific laws in specific locales. They vary and you need to know your rights.
Get regular range time to learn to use your weapon naturally. Think about having to shoot someone, it's not as easy as it sounds, especially in a very stressful situation. Remember that 70% of all shots fired in anger go high because people really don't want to harm people. Aim into the center of mass and smoothly pull the trigger. Pulling a weapon is dangerous business, especially if you are not prepared to use it. Remember too, the assailant may be a career criminal who has beaten, stabbed and shot people before. He is ready to hurt you, are you ready to hurt him? Weapons in the hands of an untrained, unprepared, frightened person who has not thought through shooting another person often are useless. Do your homework.
Disclaimer:
I am not a lawyer or law enforcement officer and the opinions expressed here are my own based upon conversations with both local lawyers and cops. Local laws vary widely so seek local legal guidance before following my musings.
posted by lugh lampfhota at 9:32 PM
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