quote:

Originally posted by jhe888:

quote:

Originally posted by FishOn:
One more thing to consider is what mods you may have done to your EDC pistol. If you have made mods to the trigger etc, you may open yourself up to liability. I was advised not to mod the trigger on my Glock G10 for this reason, when I took it in to the LGS. Even with Glock parts! Any configuration that gives an advantage above OEM specs, could be used by opposing counsel. Just imagine what they could say, to sway a jury. I ended up improving the trigger anyway, but I only carry the G10 in the wilderness for critters.


When I EDC, it is a totally OEM setup.

This is commonly repeated, but I heard Ayoob once say he couldn't find cases that support this fear after a fairly extensive caselaw survey.

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Originally posted by pulicords:
As a LEO, I've investigated use of deadly force incidents where citizens shot other citizens because they were in fear of their life. Physical evidence can often be interpreted to mean different things. What's said during an interview or interrogation provides needed context and those statements lay the foundation for determining the shooter's state of mind, which in turn may result in an arrest/prosecution or recognition of a legitimate case of self defense. Remember that others (including the person who was shot) may be talking to the police in detail about their perception of the incident.

If one who carries the means to use lethal force has taken the time and effort to understand the laws regarding how and when deadly force is recognized as being "reasonable", they'll know when to talk and what to say. Saying little other than, "I was in fear for my life" can be just as damning as saying nothing at all.

Every situation is different, but if you really know the law and apply it properly if/when you are forced to act, you can avoid arrest, trial, spending many thousands of dollars in legal fees (even if you win), and of course the consequences of a criminal conviction and/or losing in civil court. Use due diligence and take the time to research who's providing the training you're about to take. I'm not going to address the issue(s) surrounding Gabe Suarez, but I will say that just having been a cop doesn't necessarily mean they are the best qualified to instruct you about the important legal issues or that you'd want them to testify on your behalf if something like this occurred.

If you take several classes on the use of deadly force, you may see some slight differences of opinion, but you'll get a more balanced and through understanding of the important legal issues. With that knowledge, as well as obtaining the physical and mental skills to operate firearm(s)competently, you'll be prepared to deal with both the threat and the aftermath in an effective manner.

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Originally posted by jhe888:
This is true, but many people just can't think that way. Or maybe even more importantly, can't articulate it properly. That is why most lawyers advise people to say nothing.

While you might be able to help yourself by talking, you may also bury yourself. We lawyers have all had clients whose attempts at legal self-help made their problems far worse. It is, in most lawyers' experience, riskier to talk to the police than to keep silent.