Food for thought...saved by my gun

Finch

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So I read the story that was linked by the OP. It was a good worth-while read and I'm glad it worked out for the guy. I got to reading a few more things regarding self defense and learned something. Some insurance companies sell "self defense" insurance to pay for legal fees that would stem from self defense situations. I never knew this. I read where a self defense trial could run ya $100K to $250K.
 
OP
Beendare

Beendare

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Anyone packing a weapon around needs to be aware of the civil implications.....even in clear cut cases as in the one I cited, they sue. In the gun range case, he was sued [which is ridiculous IMO] and the gun ranges insurance settled with him [$5,000] to save court costs.

Another good case to read if you pack a pistol is the Roy Black account [book] of Alvarez v dade county. He was the defense atty. Its an LEO shooting but anytime its white on black it becomes racial in the media and the liberal politician 'Guns are Bad' eyes....crazy how everyone was turned against that officer by the slanted media reporting.
 

Finch

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1) NEVER talk with the police without an attorney! Video link below explaining it.

I am an attorney, and I still never would without an attorney.

2) get insurance if you can that covers firearm discharge

Don't Talk to the Police - YouTube
Thanks for the video. It was interesting hearing both sides and the fact they both agree to be tight lipped to the police. And man was that professor a fast talker!

Sent from my SM-G930V using Tapatalk
 

PA 5-0

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Having been a LEO for 12 years I can tell you this is very true. I can also tell you that you should cooperate with police but respectfully request you talk to an attorney before giving any details or making a statement. Some wide-eyed FNG rolls up while the smoke is still clearing and it's the first shooting they have been on their heart is going to be pumping and you DO NOT want to be misquoted..If you are right the evidence will prove you were right. Do not muddy it up with chest thumping or Dirty Harry quotes. My wife and I have a plan in place and she knows what to do if I am not there and I have told her no matter who shows up, cooperate but request to consult with an attorney, there is still civil litigation even if you are cleared criminally.

Priceless advice right here^^^^^^
 

Jimbob

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I am in Canada so no gun stories. However I was the witness of a car accident at an intersection near my house. I drove the family home then came back to talk to the Police. By the time I got back the cop had everything figured (me rolling my eyes and I respect the heck out of cops). I tried to tell him what I saw but he was just putting words in my mouth. I was shocked that he didn't want to hear what I had to say and even more shocked that he repeated things back to me that were not at all what I had just said. Had it been an intense moment and involving me I would have zero confidence in that police officer recording an accurate description of the events that took place. Kinda scary.

So ya don't talk to police, get an attorney. Sorry to derail but it is a good reminder.
 
OP
Beendare

Beendare

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That is good advice when talking to cops to have a lawyer.....if the story gets misinterpreted now its 2 against one.

Be aware there have been cases where the prosecutor got the cop on the stand just to say, "The shooter refused to talk without his lawyer"...makes you look guilty to a jury.....though of course those are your right...appearance matters.

I think what I would say is something to the effect, "Sure, I will tell you my story as I did nothing wrong but I want my atty here for the conversation"
 
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1) NEVER talk with the police without an attorney! Video link below explaining it.

I am an attorney, and I still never would without an attorney.

2) get insurance if you can that covers firearm discharge

Don't Talk to the Police - YouTube

It's funny I happened to watch this exact video bored at work one day never thinking I'd need it. Many months later crazy ex girlfriend puts me in a situation where I'm getting arrested at gunpoint. For some reason I remembered this video. Cop seemed dumbfounded I didn't want to tell my side of the story. My attorney came in later it took almost 24 hrs before I got to see him and said thank God you didn't say anything. Excellent video must watch you just never know when you'll need it. Story had a happy ending, charges dropped and got full custody of my son. Still get delayed though everytime I buy a gun.
 

wyosteve

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If a prosecutor did that, it would be a mistrial or reversed on appeal if convicted. Impermissible comment on 5th amendment right to remain silent!
 
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Remember a Civil trial only needs to find a prepondurance of evidence, not the reasonable doubt standard so the more SH*T that gets shoveled the worse it can look.
 

Flashmo

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Two times in 26 years.

From a.m. shower till bed, every day...even mowing the lawn, plowing snow on the tractor...and during rifle season.
 

texag10

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Has your gun ever saved you?

I don't know about saved, but I did have 3 teenage/young 20's guys that decided they didn't like me walking my dog in their neighborhood. After a lot of racial epithets hurled my way, they ran at me. A Glock 34 was produced and aimed at the first in line's chest. They all about turned inside out running away.
 
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Help me out here guys. I read a lot about the legality of drawing your weapon, brandishing your weapon, etc. I am under the impression that if someone bigger than me gets in my face, pushes me, or threatens to hurt me, I should not draw until I've actually been engaged physically. I feel like I would need to engage in the fight first trying to defend myself with other means, hands, feet, knees, elbows, and be on the losing end where I'm being pulverized before I could draw. I know it sounds nuts. Right? Having to wait until someone is in the act of actually trying to kill you or hurt you badly to draw. But that's how I feel after reading all the legalese. If someone "charged" me and I drew my weapon, and it accidentally discharged, I would still probably be sent to prison. It's a tough call. Things happen fast. Trying to read the situation while adrenaline is flowing.
 
OP
Beendare

Beendare

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Help me out here guys. .

^This is a very good question....and one every gun owner should know. There are many ins and outs on this but essentially if you are "in fear of your life" is one of the criteria....but it is much more involved.

OS, I know there are books on the subject that are easily searched....also seminars. Some of the pistol forums have the information ...but mostly in bits and pieces.

I took a great seminar many years ago and that really laid it out for me. They gave many case studies. One example where a truck driver was going through town at 2;30 am and a woman was tackled to the ground outside of a 7-11 by what looked like a homeless man with her screaming for help. The driver trying to help her jumped out of his truck and shot the guy. Turns out it was an undercover cop and the gal was a hooker that had shoplifted.

There was another case where a guy in line at the checkout stand in a grocery store was 15' from a burglary at the front of the store. The bad guy was holding the manager at gunpoint getting him to open the safe. The good guy had an easy shot at him so he took it. Unbeknown to him the bad guy had an accomplice [probably the tunnel vision that you get] behind the checkout that started a gun battle with a few folks getting shot in the process....which of course was blamed on the good guy.

Lots of ins and outs to know if you are carrying in public.....
 

D_Eightch

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I need to find a smaller gun for Carrying in the summer months.

I own an HK USP full size and can barely pull it off in the winter time, and only then can I do so with a Jacket. People always say "well you can open carry". No thanks, specifically for the reasons stated in the guys story from Calguns.
 

hereinaz

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^^^It depends on your state laws. They do vary quite a bit, and quite frankly even if you do everything correctly you can still expect a crap ton of legal fees if anyone is shot or killed.

Esse quam videri
"Crap ton" doesn't begin to describe the amount of legal fees...
 

hereinaz

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I need to find a smaller gun for Carrying in the summer months.

I own an HK USP full size and can barely pull it off in the winter time, and only then can I do so with a Jacket. People always say "well you can open carry". No thanks, specifically for the reasons stated in the guys story from Calguns.
Get one you will reliably carry. A single stack 9mm in your belt or a .380 in your pocket is bigger has more stopping power than a .45 in your truck.
 
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