Dr Raoul Duke
September 13, 2009, 12:59 AM
I spent yestereve trying to understand what an attorney from the NRA that represented me pro-bono against my local PD when they made a "probable cause" search of my house, forcing me to open my gun safes, and seized numerous firearms without a search warrant, sent me. He forced the PD to return all of my firearms, and make financial recompense. Take this as sage legal advice, from a well-known trial-lawyer and shooter:
"One is well-advised to quickly and discretely retreating in the face of
dangerous threats, assuming retreat can be accomplished in relative safety.
There are many practical advantages to extracting oneself from threatening
situations. One is that no court has ever sent anyone to prison for
retreating!
From the standpoint of defending, in criminal court, the actions of my
client, putting forth the tedious argument that he was legally entitled to
majestically defend his position with gunfire, never giving an inch, is far
from my favorite approach. I've been in this business a long time, and I
promise you that wearisome, hair-splitting pedants do not successful
trial-lawyers make!
However, even when some sort of 'retreat' is required by law, but doing so
will likely get you killed or seriously injured, then you're just going to
have to deal with the situation as best you can, worrying about legal
ramifications later. No law, anywhere that I know of, requires one to
retreat, when doing so puts him, and/or other innocent parties, in peril.
My best advice:
(1) Adopt a personal lifestyle that deliberately avoids dangerous places
and situations
(2) Be alert and aware
(3) Exit potentially threatening circumstances early on, when you can
(4) Shoot (with precision), when you have no choice
(5) Stop shooting when threats are clearly abrogated
(6) Stay alert and get to a place of relative safety
(7) Call police at your first practical opportunity
(8) When police arrive, tell them just enough so that they understand whom
you are and what role you played
(9) Otherwise, politely insist that your lawyer be personally present
before answering questions, and thereafter
(10) Exercise your right to remain silent."
Comment: In addition, understand that whatever you do, chose not to do, or
fail to do, it won't be perfect! Everyone, from media commentators, to
investigators, to judges, to lawyers, to plaintiff's experts will wearisomely
point out where, and how, you could have done it better.
And, to one degree or another, they'll be right!
Fortunately, the law doesn't require you to be perfect. The law only
requires you to be "reasonable," whatever that means!":)
Dr. Raoul Duke
Gonzo Forever
"One is well-advised to quickly and discretely retreating in the face of
dangerous threats, assuming retreat can be accomplished in relative safety.
There are many practical advantages to extracting oneself from threatening
situations. One is that no court has ever sent anyone to prison for
retreating!
From the standpoint of defending, in criminal court, the actions of my
client, putting forth the tedious argument that he was legally entitled to
majestically defend his position with gunfire, never giving an inch, is far
from my favorite approach. I've been in this business a long time, and I
promise you that wearisome, hair-splitting pedants do not successful
trial-lawyers make!
However, even when some sort of 'retreat' is required by law, but doing so
will likely get you killed or seriously injured, then you're just going to
have to deal with the situation as best you can, worrying about legal
ramifications later. No law, anywhere that I know of, requires one to
retreat, when doing so puts him, and/or other innocent parties, in peril.
My best advice:
(1) Adopt a personal lifestyle that deliberately avoids dangerous places
and situations
(2) Be alert and aware
(3) Exit potentially threatening circumstances early on, when you can
(4) Shoot (with precision), when you have no choice
(5) Stop shooting when threats are clearly abrogated
(6) Stay alert and get to a place of relative safety
(7) Call police at your first practical opportunity
(8) When police arrive, tell them just enough so that they understand whom
you are and what role you played
(9) Otherwise, politely insist that your lawyer be personally present
before answering questions, and thereafter
(10) Exercise your right to remain silent."
Comment: In addition, understand that whatever you do, chose not to do, or
fail to do, it won't be perfect! Everyone, from media commentators, to
investigators, to judges, to lawyers, to plaintiff's experts will wearisomely
point out where, and how, you could have done it better.
And, to one degree or another, they'll be right!
Fortunately, the law doesn't require you to be perfect. The law only
requires you to be "reasonable," whatever that means!":)
Dr. Raoul Duke
Gonzo Forever