Have you ever read something so stupid on a blog or forum that you cringe hard enough to grind your teeth together?
Well, a recent social media post on a popular hangout for gun-owners gathering comments about “how to talk to police after a shooting”, and I saw something that dumb…
“I’d just tell them I was in fear for my life,” was one guy’s response. “It’s my word against his, as long as I’m not stupid enough to leave him alive.”
“Really?” I thought. “Are you sh*&ing me?”
That guy is headed for a jail cell if he ever has to defend himself with a gun!
But the thing is… he’s not alone.
I’ve found that most gun-owners who think they’re “legal smart” when it comes to “shoot – don’t shoot” scenarios, but only partly understand what legal experts have tried to convey about when you should legally engage an attacker.
In fact, there are 3 common mistakes the typical gun owner makes that will get him or her arrested (or worse!)… mistakes that they THINK are based on “good advice”.
Unless You Want To Go Straight To Jail (Or The Morgue) For Trying To Defend Yourself, You Really Need To Know These…
3 Pieces Of “Good Advice” That Gets Gun-Owners Arrested (Or Killed!) In “Shoot – Don’t Shoot” Scenarios
I remember talking with firearms “legal expert”, Massad Ayoob a few years ago about some of the legal realities of self-defense that gun-owners are misinformed on.
(Mas’ work on the topic of legally justified use-of-force is legendary in self-defense and firearms circles.)
Sitting on the stand as an expert witness in countless self-defense cases, Mas has pretty much seen it all when it comes to the “smart” decisions that have landed so many gun-owners who thought they were taking the correct action, but found out the hard way that they were entirely wrong.
For example, here are 3 big mistakes that people make when they don’t fully understand good advice from people like Mas…
Chanting “I Was In Fear For My Life”
Gun owners, like the guy whose post I saw, have been taught to tell the police “I was in fear for my life” if they do have to shoot in self-defense – as if it’s some magical incantation that causes the responding officer to give you a giant high-five just as the local news crews are pulling up to give you your 15 minutes of fame as the local hero.
The idea is that this standard gun-toter response establishes that you were under legitimate threat, and therefore justified in using lethal force.
The problem is…
…if you can’t reasonably explain WHY you were “afraid for your life”, you just look like you’re chanting a slogan.
In other words, you look trained to parrot that one line… and that won’t help you if the cops think the shoot might not be “good.”
You have to be able to explain why a reasonable person in your situation would also have been in real danger, or you’re not going to be able to justify using deadly force.
If you have to shoot in self-defense, then, make sure you have a reason, and not just a slogan, for why it was necessary.
It shouldn’t be a long-winded, step-by-step walkthrough of the entire scenario, but pointing out to the officer some detail that would naturally lead you to believe your life was in jeopardy could be the difference between staying with your family after a shooting incident… or headed off to be booked in the local jail.
The “We Don’t Dial 911” Approach
Most gun owners know that hanging a “We Don’t Dial 911” sign on their property is just begging for trouble in a courtroom.
An over-eager prosecutor will seize on something like that in order to make you look like a “wannabe gunslinger” just looking for somebody to shoot so, rather than call the cops, you let your gun do the talking.
But even without one of these signs hanging off your front door, a lot of gun owners don’t realize that when they have a home invader or intruder at gunpoint…
…you had better ALSO be on the phone to 911 immediately.
While your safety is the most critical factor and you need to be sure you’re not opening yourself up to a counterattack by getting to your phone, if you delay in calling 911 either before, during, or immediately after a self-defense shooting – or worse, you don’t call the cops at all – then you can look like the “bad guy,” like you were trying to hide something.
In fact, this happened in Texas when 72-year old, James Meyer, shot and killed an intruder breaking into his shed… then went back to bed, eventually calling cops in the morning, where he was promptly picked up…
… and subsequently charged with murder!
If you have to draw your gun in self-defense, make sure you call 911 without delay the moment it is safe for you to do so.
Getting “Too Tactical” At The Front Door
This one is a little more subtle, but it’s very important…
I saw one of those “How Tactical Are You” quizzes that rated the reader “more tactical” if you “always answer the front door with a weapon”.
Makes sense…
I mean, you’d think that if somebody is pounding on your door at 3 in the morning, you had probably better have a gun in your hand when you go to see what it is, right?
Well… unless it’s the police who are responding to your neighbor’s distress call that they saw someone snooping around your home.
If you’re seen walking around inside with a gun in your hands – especially if you’re in a position to fire upon officers – they may think you’re a home invader about to draw down on them!
This is what happened recently when 28-year old, Eboni Pouncy, was visiting a friend’s apartment and got locked out in the middle of the night.
The friend (who was away at the time) told Pouncy to break the front window to let herself in.
A neighbor witnessed the woman crawling through the broken window and called police.
Knocking on the door, one officer spotted Pouncy approaching with a handgun (for personal protection) and both officers immediately drew their weapons and fired round after round through the windows, wall, and door!
Pouncy took 5 rounds to the leg and torso, but fortunately survived her wounds and her one-year old baby, also in the apartment, was unharmed.
Yes, by all means, be armed when you go to see who’s knocking on your door late at night…
…but understand that you don’t yet know if he’s friend or foe, and drawing your gun might put you in more danger if you do it prematurely or make it overtly visible to anyone looking into your windows.
If This All Sounds Like A Complicated Puzzle Of Instantaneous “Bad Choices”, That’s Because It IS!
Our Legal System Can Be A Nightmare For The Misinformed Gun-Owner!
In the words of Spiderman’s Uncle Ben, “With great power comes great responsibility.”
Surviving a life-or-death attack is only the first fight you have to deal with.
If you make even just one tiny little mistake in how you respond to a threat – even if you never fire a single round from your gun – you could be looking at a trip to prison for your actions.
Even if you’re not convicted, the average cost just to prove your innocence is around $40,000 from what I’ve heard from those who have suffered this fate.
Fortunately, learning how to stay out of jail does NOT have to be hard… but the responsibility to know your legal limitations falls on your shoulders, and your shoulders alone.
Learn how the law works so that slimy lawyers and prosecutors – or just plain dangerous “good advice” – can’t turn YOU into the “bad guy.”
Massod: Don’t go to the door at 3AM Call 911 tell them someone is at your door. Ask if it is their officer.
Cops are getting very trigger happy. There are Glock swtiches being carried across the border. These don’t alert dogs are easily concealed. The gangs are the importers.
Get your front door tactical. There shouldn’t be a bit of inside visible from outside. Get a camera or peep hole. Wide angle is best.
I carry two keys one in the right pocket one in the left. I only use the right one unless it gets lost then the left pocket gets me in without breaking in. Vehicle door keys on the same ring. I never leave the house without my pants.
Whatever you do – DO NOT let a Cop – Even See – a gun – anywhere On you or even near you. They(God Bless Them) are Terrified of Guns(Perhaps Rightfully So) and “May just shoot You”. Shoot 1st then questions. Then the CYA cover-up. Logic – They typically Don’t know – YET – “Who or What YOU Are”. So its Hard to Blame Them. When I answer the door – I am Usually Armed – BUT Concealed.
We had a primary earlier this year. I heard someone knock on my door. I quietly approached the door and looked through my peep hole. It turned out to be a politician. I never made a noise and never opened the door, eventually they left a campaign pamphlet. I did move back, gun in hand, in cases it was not a politician.
Many, many years ago (before I gained more education on justified use of force laws and developed more common sense), I had the harrowing experience of believing someone was breaking into the front of my home through a plate glass window around 4:00a.m. I quietly slipped out a side door with a 3-D-Cell Maglite flashlight and a .357 Magnum revolver. As I rounded the corner, flashlight beam (high off-center FBI hold technique) went to the eyes of the “burglar”, while .357 was at mid-chest ready position. As soon as I lit up the target, I was startled to see a black Memphis PD officer (they wore dark uniforms and still do). Literally, the whites of his eyes appeared to grow to saucer size as the outer edges of my light beam illuminated his chest badge. In the initial micro-seconds of this encounter, he was silently moving to raise his hands in a surrender position, as I was simultaneously (mentally) struggling to decide if I would shoot him if he moved to reach for his weapon (or risk death at his hands). Fortunately for us both, as his arms/hands continued to reach up, I began moving my firearm to a non-threatening position behind my back. His delayed words were “Don’t shoot – I’m a police officer”, and I said something to the effect of “Sorry I startled you officer.” I thank God that a bad situation didn’t get worse for either of us. As I tucked the revolver in the back waist band of my pajamas, lowered my flashlight out of the officer’s eyes, and moved both hands to the front of my body, he explained that someone had broken out the window of a car parked (more or less) in front of my house. It was my next door neighbor’s car, but was registered to his business, so the officer had incorrectly guessed which house it belonged to. Because my doorbell wasn’t working, he’d been knocking on the plate glass window with his flashlight to try and get someone to the door to follow up on the broken window/possible car theft event. He never said a word about my pistol, and I thanked him for his proactive attempt to prevent further property loss. I told him I’d call my next door neighbor to wake him up and let him know so that the officer could continue on his patrol. I know now what a poor tactical choice I’d made going outside at all, and realize just how close I’d come to a life-altering alternative outcome to the incident. When I train with students, I’ll use this as one example of the importance of working through diverse mental “do this – not that” scenarios in the development of your own tactical self-defense plans.
I have a metal door with my gun magnet on the inside of it, handy, but hidden