Individuals who are contemplating the decision as to whether or not to carry a concealed weapon need to think about whether they are mentally prepared to deal with the aftermath of a justified act of self-defense using a firearm. Additionally, the following should be considered:
- You must be able to control your handgun and your emotions before ever considering carrying it as a weapon.
- Your handgun can be used against you, if it is present.
- Your handgun is a threat in the hands of anyone.
- The bad guy will not be afraid of your gun if they don’t believe you will pull the trigger.
- Today’s bad guys will disarm and kill you if they have a chance to do so.
- Many criminals believe they have nothing to lose and practice disarming techniques.
- If you are justified in drawing your firearm and justified in shooting, you cannot hesitate.
If you are unable to accept this responsibility, you should consider not carrying a handgun.
Unavoidable Violent Conflicts
Whether you are out and about or in your home, there are some things that a person should do, if possible, when a violent conflict is occurring or about to occur. Call 911 and get law enforcement on the way. Get away if possible, but if that is not possible, or reasonable, barricade yourself in a safe place making it difficult to find you, or gain access to you. Depending on the situation, you might communicate to the bad person your intent and ability to protect yourself or others.
Home Defense
Your home defense plan can be very similar to your home fire plan. Get out (Run if you can), get to a safe haven if you can’t (hide and barricade) and if neither are possible, be prepared to fight.
Discuss your plan with household members (age appropriate) so that everyone understands it. Where should everyone try to gather? Where are the exits? Who should call 911 and what should they say?
Understanding Police Response Aftermath of the incident
- The Police have the legal obligation under law to fully investigate and arrest the person(s) they have probable cause to believe has committed a crime. They will turn that information over to the District Attorney for review and possible criminal prosecution.
- It is your right under the law to not make any verbal or written statements until you have spoken with your attorney.
- This does not apply to providing tactical or safety information
- How many bad people
- How many victims
- Last known location of bad people, Etc.
Information Gathered
Every situation involving a confrontation with a firearm is “fact specific” and “incident specific”. The district attorney or a grand jury will need to answer a number of questions as they determine whether or not to criminally charge someone who uses a firearm in defense of themselves or another person. These questions could include:
- What was the nature of the threat?
- Was the use of deadly force warranted?
- Did the person go beyond self-defense and become the aggressor?
- Did the person escalate or de-escalate the situation?
- Did the person take advantage of opportunities to escape the threat?
Generally speaking, juries are comprised of people like you and me. They are subject to the same hopes, fears, and concerns about the world we live in. Jury members will judge your actions as instructed by the judge, based on the law. The jury will also probably judge your actions as well, on what they individually and collectively thought was “reasonable”. Consult with your attorney as to what legal course of action is best for you and your individual circumstances.
There are two different categories of law that we should be aware of: criminal and civil. A person can be cleared criminally of any wrongdoing; yet still sued, and potentially found liable, civilly. Here is a brief overview of each:
- Criminal Law
- You may be indicted for an alleged crime by a grand jury (a legal tool of the District Attorney involving an amended presentation of the allegations).
- You may be tried before a judge alone, or by a jury of your peers.
- The trial will determine if a crime has been committed by you and what your punishment, if any, will be.
- Guilt is determined by “beyond a reasonable doubt” and may result in probation, jail or prison time and/or a fine.
- Civil Law
- Civil law is about financial compensation for injury and death, and judging who was at fault. It is also about judging areas of liability and responsibility. Civil cases do not involve criminal sanctions such as prison.
- A civil trial will determine your negligence, recklessness, or unlawfulness of the intentional infliction of injury or death, as well as a variety of other issues involving your abilities, instruction, and the gun’s mechanical elements.
- Guilt is determined by preponderance of evidence.
Source: Multnomah County Sheriff’s Office CHL Prep. chlprep.mcso.us/chlprep/
Firearm Safety Team (FST) 