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March 15, 2005, 07:33 AM | #1 |
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What happened after the gun fight???
Was reading the thread about has anyone been in a gunfight. I was wondering those of you that have been in a gunfight what happened? My CHL instructor said if you shoot, count on getting sued. Did the police detain you, did you get arrested, did you get sued, or did anyone give you a hard time? This may be another subject but did you feel any guilt after the fact? Do you wish you could go back and not pull the trigger. I did not intend to get so deep, but want to know what goes on after the trigger is pulled.
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March 15, 2005, 03:41 PM | #2 | |
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March 15, 2005, 05:23 PM | #3 |
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re-to shoot
Dear Sir:
Yes, you're instructor is precisely right! Even in a clean, justified shooting, when the police come have your gun visible (OUT OF YOUR HAND) and be standing with your hands out saying, "good Guy." They will arrest you, confiscate your weapon and you'll be treated like a criminal. Your case will go before a Grand Jury and hopefully the will file a "clean bill" on your berhalf. You will then be released. Now, you need to worry about a civil suit from any relatives the perp' had. Great justice isn't it? Harry B. |
March 15, 2005, 06:00 PM | #4 |
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Harry is right on
In the shooting that went down in Los Angeles where the BGs had full body armor on and full auto weapons, the City of Los Angeles, the officers involved and many others were sued by the mother of one of the BGs. He had been shot in the leg through a seem in the armor. With all the shooting going on, the officers were reluctant to stand up in the open and walk to the BG to give medical aid (go figure). He bled out before the scene was secure and the officers could give him medical help. Mother dearest thought that the officers should have rushed through automatic weapon fire to give medical aid to her poor little boy (who had been doing his level best to kill them).
Thankfully it was thrown out of court, but this is the way it works. If the BG has relatives, you will be sued. The upside is that you will still be alive which is what self defense is all about.
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March 15, 2005, 08:20 PM | #5 | |
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March 15, 2005, 08:32 PM | #6 |
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In any case, I'd rather be tried by 12 than carried by six...
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March 15, 2005, 09:34 PM | #7 | |
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FrankDrebin, why is this
Quote:
U.F.O.
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March 15, 2005, 11:51 PM | #8 |
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I recently took a Home Defense class and had a lawyer speak about various firearm cases he's defended. In all the years he's been a lawyer, he hasn't heard of anyone suing the good guy after it was deemed the BG was legitimately killed.
This is in VA...he said out west things are different. |
March 16, 2005, 03:51 AM | #9 |
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From the cases I've read about in Colorado ...
Our home defense (aka "Make My Day") law also protects us from civil liability. As long as we can prove the guy we laid out wasn't invited in by us and we had reason to believe he was there to commit a crime (prove the first point, the second one falls in line) nobody can sue you for your actions. The police often take the homeowner in for questioning, but they generally are not charged and are released within hours (from what I've read in the paper). Of course the investigation is ongoing, but that's to be expected. I tend to believe you can be sued for a shooting where no charges are filed, however. Kobe Bryant had all charges dropped against him so he is legally NOT GUILTY of rape, but even so he was sued in civil court and had to settle it. Whatever you think of him, OJ Simpson was proved NOT GUILTY in a court and he was also successfully sued and stripped of pretty much all assets except for his $25,000 monthly annuity (which I could live off of fairly well). |
March 16, 2005, 04:05 AM | #10 |
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I have asked a lot of people the same question, and the general consensus was that in a justifiable shooting, you will have criminal and civil charges brought against you. If it even goes to court, you will likely win the criminal case as a jury of your peers generally understands your actions and their necessity. The real problem is the civil suit. Even if it is not the family of the BG, then someone else will step in and sue. Every single bullet that comes out of your gun has a lawyer attached. Civil suits are decided by a single judge, and gun control is a hot political topic, and many lawyers and judges are eager to make a career off of such a emotional topic.
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March 16, 2005, 05:38 AM | #11 | ||
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Quote:
Those who say you're more likely than not to be sued after a justified shooting don't know what they're talking about. Those who say you WILL be sued are just lying. And those who say you're more likely than not to be criminally charged, or who say you WILL be criminally charged after a justified shooting are wrong and so paranoid that they should absolutely not be allowed to carry a gun. It's inexcusable for someone, especially a cop, who is teaching a CCW class to tell you that "you will be sued". You're paying him for his knowledge and if he tells you anything but the truth, he's either incompetent or lying. Quote:
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March 22, 2005, 08:03 PM | #12 |
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This teaches an overly importent lesson folks.
NEVER shoot to wound. If you had to fire, you also had to kill. If you are justified in shooting, you would have been also justified in killing. Lawsuits from family are a LOT less impacting than lawsuits from some scumbag who can sit in court and cry about how he cant walk, cant play sports, cant rob people anymore. |
March 23, 2005, 01:43 AM | #13 |
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In today's society, anyone will sue anyone for anything. As in the McDonalds case (They serve hot coffee!! Stop them!! ). I would not be surprised to be sued by a BG for "looking at him funny". And even worse, he has a chance of winning. Justice is down the drain in the modern court system. Along with any sense of the ridiculous.
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March 23, 2005, 07:47 AM | #14 | |
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The notion of counting on getting arrested and getting sued are just good defaults to consider just like counting on having to fire your gun if you are in a dangerous situation where you have to draw it. You may never have to fire it, but you should have the mental mindset to be ready to do so and to deal with the related circumstances.
Harry Bonar said, Quote:
A buddy recounted an incident where one of his friends was arrested at the airport for a handgun. The friend had a CCW and unintentionally left it in a carryon bag that was spotted by the security folks. So the friend was arrested. My buddy was outraged by the arrest because the friend was cuffed in front of other passengers, led away in cuffs, and taken to a holding area where the friend was processed. In other words, the friend was treated like a criminal. In reality, the friend was not treated like a criminal, but treated appropriately as per the process. So if you are in a shooting and even if it is justified, you may get arrested and the reason you may get arrested is that it is part of the process. Unless things are 100% or better that you operated in true self defense, you may be arrested simply as a part of the investigative process that would be done for any shooter until the time that officers work out what happened exactly. If they can't, then expect to deal with the grand jury and/or a full blown trial. These are just the costs of doing business with a gun. There are inherent risks associated with the whole process.
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March 23, 2005, 10:18 AM | #15 |
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Then perhaps we should change the process?
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March 23, 2005, 03:09 PM | #16 |
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Garand Illusion (Great name btw) - Was jeopardy attached by the time the charges were dropped against Kobe Bryant?
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March 23, 2005, 03:15 PM | #17 |
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I believe Harley's question was directed at those that had been in a gunfight. Not those who knew someone's sister's aunt's cousins lawyer' friend. Everyone has good stories, but i think Harley was looking for 1st person experience. Check or hold?
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March 23, 2005, 04:15 PM | #18 | |
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Quote:
(I offer this, only, because an accurate account of what happened that day is important and should be accurately remembered.)
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March 23, 2005, 05:38 PM | #19 | |
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lawyers
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March 23, 2005, 07:51 PM | #20 |
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I am leo, and I was detained, removed from the scene and my weapon was handed over to the investigators. After the Investigation by my Dept. and Texas Rangers (they are sometimes asked to investigate so that any bias can be ruled out.) I was cleared and my weapon was returned and I returned to work. Several days transpired during this time. Waiting for the court system to work now. Hope this helps.
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