What happens after you discharge your CCW

[Flipside]

Looking forward to being able to legally CCW in Wisconsin as soon as the DOJ issues the permit...

I've come to understand that many (I'll call them "issues in Wisconsin") intentionally remain unaddressed. Apparently, the state is going to let these issues be addressed via trial, as there are no precedents for many scenarios. Could prove to be interesting, this 'learn as we go' philosophy...

Since there is no clear policy as to what will or may happen once a citizen legally exercises their rights to CCW, I am interested in learning how other states / jurisdictions handle the events post discharge of a CCW.

Here's the scenario:

1. events transpire to where the CCW holder discharges their weapon to sufficiently...
2. 'stop' the threat, then...
3. call 911, wait till...
4. authorities arrive

What happens next in your neighborhood?

I'm curious about the next steps, #5 and beyond...

 

[Lost Lake]

There is never a clear policy on what happens when you discharge your weapon because no two situations are the same.

Trust that you will be questioned at length, and you better have been in a position where your life was threatened and there was no better way out than discharging your weapon.

 

[P&R Fan]

Then your life changes. Never for the better..........But at least you ARE alive.
Jim

 

[vista461]

I don't see how the fact that its a ccw self defense shooting is any different than before we had ccw. Self defense is self defense.

 

[venomballistics]

in general, you'll be filling out a report.
it'll probably go to court.
It may or may not be found to be a good shoot.
Either way you'll have a reoccurring nightmare with a body falling after the flash. which may or may not be in prison depending upon the outcome.

 

[Faux Paws]

In my CCW class, we discussed this.

The advice given was to call your lawyer before saying anything.

It's a legal matter. You never know what the DA will do.

Serious business, this....

Greg

 

[jwk]

After you call 911 you call your attorney.

Do not leave the scene unless it is absolutely unsafe for you to stay there. If it is unsafe for you to stay put, call 911 again and tell them that the location is unsafe and you are moving to a safe location. Again don't do this unless you absolutely have to do so.

Do not move or otherwise futz with any evidence. Keep an eye on whatever the bad guy had as a weapon. You don't want it to disappear.

When the first officer arrives, put your gun on the ground and step back away from it. Keep your hands in clear sight.

Do not talk to the police without your attorney other than to identify yourself. If you cannot reach your attorney, you simply tell the police that you don't want to talk until you have an attorney present and shut up. If you feel the need to say anything else, just tell them that you are shook up and want to make sure that you have collected your thoughts before you give any statement. That isn't a sign of guilt. That is your right. If that means you spend a night in jail until you can get in touch with your attorney, do it.

If the police encourage you to talk, remember, even with a good shoot, they aren't your friends, they aren't your pals, they are the police with a job to do.

Don't discuss matters with anyone unless your attorney specifically oks it. Statements made out of bravado can and will get you indicted or sued. What you tell your best friend won't stay between the two of you. If you feel an overwhelming desire to discuss it, have your attorney refer you to a psychologist or visit with your clergyman. Both are privileged communications.

Hope the advice helps. Sorry if it seems a bit bleak. Keep in mind that my job as an attorney is to keep folks out of trouble, not make them feel all sunshiney and bright.

Jim

 

[TDR911]

That is one of the best responses I have read.
Very well put.

 

[FTG-05]

I agree, good stuff.

The only thing missing are the two "don't talk to the police" videos.
Thanks,

 

[Mphstiger1981]

jwk did an excellent job in his post.

I started to add some of my thoughts to his, but upon further review, I think I'll pass. I'd rather not post anything on the internet that might come back to bite me on the rear-end at some later date.

I can only imagine some aggressive DA wanting to make a name for himself/herself confiscated my computer and found where I'd stated how to respond, in the event something like this if it ever happened. It might be pretty easy to paint me as some sort of kook who was just waiting for a chance to use my ccw, and try to get away with it. No, thanks. Just my $.02. YMMV.

 

[CelticSire]

One thing to add to jwk's excellent post:

When you are on the phone w/ 911, give them a description of yourself, e.g. "I'm a white male, 6 feet tall, about 200 pounds, and I'm wearing a white golf shirt and blue jeans." The police are responding to a shooting, and you want them to have as much information as possible about who the good guy is.

 

[everReady Rob]

In my CCW class the book 'In The Gravest Extreme' by Massad Ayoob was required reading. It was a real eye opener for me.

 

[Armed Babysitter]

Information coming directly from Massad Ayoob goes something like this.

When the police show up, convey in precise terms that the guy with holes in his chest attacked you, that you were forced to draw your weapon and fire, and point out where and with what did the holy chest guy assault you with. And tell them that you will give a full statement within 24 hours to them after you've had time to speak with an attorney.

The "Don't talk to the police" statement is the worst advice out there floating around gun forums. You have to convey that you're the victim right off the bat and show why, shutting up makes you look guilty, or at the very least like you're hiding something. Being uncooperative is no way to make the point known that you were the victim of a crime and had to shoot someone.

 

[kbm6893]

Last week in NYC, a man was robbed while walking with his 4 year old. His 4 year old was shot in the face. He struggled with the shooter and magaged to get the gun (imagine the unholy rage he was feeling seeing his son shot by this lowlife? I'd be able to wrestle Superman if that was me). The perp runs off and the man chases after him, shooting him in the back. The man was arrested and the DA is going to press charges, even though he doesnb't really want to since the law demands it. Let the cops show up, ID yourself, tell them you shot the guy (or you fired) but don't give them any further info unless the guy ran off. Don't tell them anything else until a lawyer comes. Being a retired cop, I have no animosity towards cops, but they have a job to do and they're not your buddy.

Even IF you aren't charged, expect to be sued by the perp or his family. They'll hold up his 8th grade picture and tell the press he was just turning his life around. You'll spend at least 50 grand in legal fees, and if you lose the civil case, you'll lose eveything you own.

Nice, huh?

 

[khiggins498]

Excellent post by JWK. I would only add one thing to that. He states when the police arrive to lay your gun on the ground. Don't do anything when the police arrive other than keep your hands in plain sight. Let them tell you what to do with your gun. If you make any moves with a gun when they arrive, it could make them a little nervous. Other than that, he is spot on with his post.

 

[finaltoy]

Thank you JWK for that most informative piece of informantion.
Now if I can only figure out how to save it!
Bill from Michigan

 

[ogilvyspecial]

For what it's worth, here is a previous thread on the topic....

http://smith-wessonforum.com/concea...-good-advice-if-you-re-involved-shooting.html

 

[Knightrider03m]

Expect to;
- Be treated like a criminal
- Spend a shift at the police department
- Your permit to carry to be temporally revoked
- Pay a lot of a lawyer
- Not to see your gun for a very long time.

 

[Alk8944]

One thing to add to jwk's excellent post:

When you are on the phone w/ 911, give them a description of yourself, e.g. "I'm a white male, 6 feet tall, about 200 pounds, and I'm wearing a white golf shirt and blue jeans." The police are responding to a shooting, and you want them to have as much information as possible about who the good guy is.

While I agree with you in principal, give your dispatchers credit for their ability to screw things up! If you have been on the street for over 6 months you know this. My experience is that the first thing responding officers are told, or how they hear it, would be this is the SUSPECT description!

I was, for long enough to have retired. Saw it too many times.

 

[Chuck1217]

Good advice above in my opinion. I would strongly suggest you google Mas Ayoob on after shooting in self-defense. He , if you don't know, is one of the most respected experts in defense and other issues associated with shooting. He is all over the gun magazines, and has a couple of books- but I'm sure the internet will ahve one of his articles on SD shoots. Take care.