If deadly force is used, do not argue with law enforcement who arrive at a scene where shots have been fired. You will at least be detained until the scene is deemed secure. Photo: author
Law Enforcement Response
First, disregard what you have seen in the movies or on primetime TV. The image of you having shot someone and the police not putting you in cuffs is nonsense. If you have fatally shot a person, even in self defense, you have taken the life of another human being, which in most states is considered homicide. The determination of whether that homicide is legally justifiable is up to the courts and a jury, depending on where you live. That being said, when the police do arrive, they are going to be ramped up and entering a dangerous environment because they have been dispatched to a shooting with little or no information as to what is going on. In most cases, they are not going to know who is or is not the bad guy. Expect them to come in with guns drawn for their own protection.
A word of advice: do not argue with them. Follow their exact instructions and do as you’re told for your safety. Allow them to de-escalate and secure the scene, and save the arguing for when you’re not staring down the barrel of a gun. Christopher Gray, the head instructor for Combative Weapon Solutions, always informs people that “the Second Amendment does not offer any type of ballistic protection.” You can’t argue your case if you’re dead because you argued with an officer and pointed your firearm in their direction, which resulted in your being shot. This exact situation happened locally just about a year ago. Don’t be that person. At a minimum, expect to be handcuffed and taken to the station for questioning. You may even spend a day or so in jail depending on the circumstances.
Considering the legal costs associated with defending yourself if you have to use deadly force, insurance is worth looking into.
Image: courtesy Texas Law Shield
Lawyers and Insurance
That brings us to an obvious individual you may want to have access to or the ability to contact when you’re sitting downtown. A good lawyer will be critical if you find yourself in this situation. Picking one out of the Yellow Pages or Yelp.com is not what I am going to do when everything is at stake. And you know what comes with a good attorney — a huge financial cost. Stats vary, but plan on spending $50,000 or more for an attorney to defend you through the entire process, both legally and civilly. This is where having some type of insurance such as Texas Law Shield (for those of us who live in Texas) or USCCA may be beneficial. Check this out if you haven’t already.
If deadly force is used within your domicile, plan on finding a new place to live due to the emotional scars that may remain for you and your family.
Image: courtesy author
Financial Stress
Speaking of finances, the monetary stress doesn’t end with your lawyer. What if your dilemma causes you to lose your job? What if the shooting takes place within your home? Do you think little Jimmy or the wife is going to be able to stay in a home where someone bled out and lay dead for hours? Probably not. Not to mention you will more than likely have to move anyway for your family’s safety due to the death threats and protesters who will camp in front of your home. Selling your existing home and buying a new one will not be covered by insurance. Plus, imagine trying to do that while possibly looking for new employment. The financial implications of the expenses alone will be daunting.
Emotional Turmoil
Due to the emotional and financial stress, some type of therapy may be needed. I know, the dreaded “therapy” word that nobody ever talks about. Having worked the streets for over 21 years and seeing the kind of brutal and heartless actions that humans can inflict on one another, I can say without a doubt that therapy is critical to getting back to some kind of emotional normal. It is a fact that emotionally healthy humans are not wired to indiscriminately take a life. You or your family members may have to deal with PTSD (Post Traumatic Stress Disorder). If any family members were involved or witnessed the event, time must be devoted to making sure they get back on track too.
Think of the emotional stress that killing an individual inside your home may cause not only you, but also your family. Shield loved ones from the end result if at all possible. Photo: author
Time Lost
Lastly, let’s look at time. What is your time worth? The whole process, from the actual event to the court (legal and civil) proceedings, to emotional healing and eventually getting back to some sort of normal life is going to be measured not in months, but likely years. And those are precious years that you and your family will not get back. Now, don’t get me wrong. If my family or I am in a life-threatening situation that leaves me with no other option than to use deadly force, I will defend myself and my family, knowing there will be a long road ahead and many issues that will need to be dealt with. This is where good diversified training and being prepared can help. If you are thinking “Should I?” in a situation, then you probably shouldn’t. And if you did, it may very well be used against you. Proper training and education can help in making the right decisions when things go bad. And since bad things happen in mere seconds, making the right choices can mean not only the difference between life and death, but also what quality of life you will have after the event.
Proper and relevant training can prove to be an important factor that determines your actions when you are involved in a critical incident. Photo: author
Summing Up
I want to leave you with some ideas to contemplate and prepare for in case you are confronted with that life-altering situation:
• Training, training, training. Continue to learn so you are better prepared to make the right choices when things unexpectedly go to hell in a handbasket.
• If you use deadly force as a last resort, be ready for law enforcement to take control of the scene. Don’t take their actions personally. They are doing their job and attempting to secure a scene where the information relayed to them is often lacking or wrong. Listen and follow their directions.
• Have an attorney you can call before you need one. Make that one phone call count.
• Have a healthy savings account or at least look at possible insurance options that specifically cover such incidents.
• Be aware and prepared to deal with the emotional and psychological trauma of such an event for both you and your family.
• Be ready to move your homestead, even if just temporarily.
• Shelter family and children from viewing anything that may scar them for life.
• It is a marathon, not a sprint. Understand that this is going to be a long, drawn-out process.
Hopefully this will shed some light on the realities of what you may encounter if you use deadly force. It is not meant to persuade you from not using it if no other options remain. I simply want people to understand that life is not like the movies, where the police show up, pat you on the back, and you are free to go about your daily life as if nothing happened. Every situation is different, but if you’re prepared for the realities of what is to come afterward, you increase your chances of coming out on top.
Great instruction. Thank you.
My last CCDW class had a good instructor. While not actually part of the material he did bring out the topic of insurance for both criminal and civil defense. He, like many others, stressed training is essential, firearm use is the last measure and when used properly the likelihood of being in a criminal case was small, but a civil case could be brought against you even if the police and DA rule the incident a clean shoot. With current stats showing that one in three adults suffer an attack in their lifetime. Being prepared is essential. That includes, skill, mindset and for the aftermath. Thanks for the well written article. As a plug for PDN, it is well worth the $60 to $120 a year for member ship to have access to the many training videos and discounts for the training DVDs. There is a ton of good advice found here.
This article is spot on. I'm retired Law Enforcement with 36 years of experience and retired NRA Instructor in 5 disciplines. Resopnding Officers will definitely secure the scene and take steps to keep all present safe. Coooperate because if yours was a justified shooting the evidence will bear that out. Let them gather it and secure the scene. You are going to be pumped up and excited so LISTEN closely to them and do exactly as they say. No surprises or quick moves. Have an attourney you trust available and insurance is a good idea. I recommend using factory loaded ammunition NOT RELOADS. You are going to be accused of making "Killer" rounds etc. Use reloads for practice (maintain skills ). Research the best self defense rounds and stay informed. If you wont afford $20-$30 for self defense how serious are you? some "Experts" will argue but they wont be in front of the judge. Bottom line is CONTINUING EDUCATION, PRACTICE, FINANCIAL RESERVES and COMMON SENSE.
I knew some of this, but having a lawyer is something I should have thought of here in NC. Back in California I had an awesome lawyer, but there I had the awareness of the state hating guns (you should look into how long, if ever it takes to get a concealed carry in San Diego Co.) and the criminal is the victim mentality. Thanks for the timely reminder.
Great well thought through article. The realities of having to live with surviving through just dealing with the violent thugs in today's society are often not easy and "reality can be painful." After surviving over a dozen armed-robbery attempts and more than forty attacks by multiple attackers, believe me, I do know. Even with no regrets or major mistakes, the psychological and spiritual aftermath can take a toll on you and some time alone or before God just to sort through mere minutes of having to do what has to be done to save your life or the lives of others. But it's love of God, and the love for others that compels us to stand for what's right in the face of an onslaught of evil and un-necessary violence. Thank God, that as in Psalms 144: 1; A psalm of David. Praise the LORD, who is my rock. He trains my hands for war and gives my fingers skill for battle. (NLT)
Great article. This is very accurate and wjat I teach my students. You need self-defense insurance! https://www.usconcealedcarry.com/offers/59e0dfd688582/join-the-uscca-today?tID=58af0e413ccfe&aff_id=11789&offer_id=5&aff_lsr=SP1J5
It took three years to resolve the civil suit. My wife and I are still in therapy. Its a tough call to pull the trigger. It will change your life forever. To long a story to go into here.
Being faced with a life or death situation is something every responsible individual hates to even consider. That said, we live in a dangerous time and there is no substitute or excuse for not being prepared and that includes the aftermath. I am thankful for your words of wisdom in obeying the commands of LEOs. They too are under stress when responding and anything we can do to assist the police in deescalating the situation is a plus for all of us. Just as we practice at the range and in classes we need to prepare for the aftermath. This attitude is paramount to ignoring gun maintenance or refusing to put in the necessary trigger time to remain competent with whatever weapon you choose. Thank you for a tremendous article on an often overlooked or "I'll deal with that when I need to".
Well said and I don't trust the media or TV crime shows which sometimes is the same thing.!
I live in Mississippi.