After the shots are fired

OK, you have exercised your gun rights. You have bought a defensive weapon, gotten training, and a carry permit. Now the unthinkable has happened.

You have had to use your gun in a defensive shooting.

What do you do now?

This issue was discussed at the November meeting of the Knoxville Chapter of the Tennessee Firearms Association. James Wagner and Mike Mollenhour, two local attorneys, led the discussion.

Wagner spoke primarily on the issue of possible criminal liability in the case of a defensive shooting. He stated that beginning with a Tennessee Supreme Court decision in the 1970's, up until 1989, one had a duty to retreat from unlawful aggression in Tennessee. In 1989, with an overhaul of the Tennessee criminal code, the legislature said there is no duty to retreat, especially if one is in one's home.

2008 brought a new statute, which specifically stated that a person has no duty to retreat, if a person has a right to be where he is, and is not engaged in unlawful activity. Deadly force may be used in response to fear of grave bodily injury or fear for his life. There is no right to protect property, however, with deadly force.

So shots are fired, and you are standing there with your gun, and the criminal has been stopped. What do you do next?

First, call 911. Ask for an ambulance and for the police. Say as little as possible. Repeat. Say as little as possible. Report the bare facts of what happened. Do not give details to the 911 operator, or to the police when they arrive.

When the police arrive, be sure that they do not mistake you for the criminal. How do you do that? There is no perfect answer. Put your gun down if you can before the police arrive. Of course, that may not be a good choice, if the alleged criminal is still on the loose, as in the recent Phoenix case.

Wagner advised that you remember your 5th Amendment right and use it. An officer does not need to advise you of your rights unless he puts you into custody. However, anything you say can still be used against you. “Most people will do anything to avoid going to jail, and it doesn't work,” Wagner said. It's better to just keep quiet, and give details after you have spoken with your lawyer. Be prepared for the fact that you may go to jail in the meantime.

Mollenhour discussed civil liability in the event of a shooting. He said people ask, “Can I get sued?” The answer is yes. There is always a risk of civil liability. People want your money or your property. One question raised is whether it is better to kill or maim. The correct answer is that you shoot to stop the attacker.

Mollenhour said here is a TAKE AWAY, “If you have to shoot (or shoot at) someone, see your attorney before you make a statement.” He says you can plan on getting sued. He said that homeowners policies may or may not cover self-defense shootings. It depends on the wording of the policy. NRA does offer a Self Defense policy at a cost of $165.00 per year.

Your legal situation is going to be unclear in the event of a shooting:

You may be prosecuted.

You may be sued.
 

But if you face these issues, that means you are dealing with Problem Two, as Tom Gresham says on GunTalk
 

Problem One was to survive the attack and prevail. Think about it.

For more information see the video Don't Talk to the Police.