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if you can legally carry a firearm and shoot someone that is attacking you, would you still get arrested?

Don't worry, I'm not planning on snuffing somebody lol. I'm just curious. I am a law abiding citizen and a good person, but god forbid I get in a position where I would need to use my weapon (which I'm licensed to carry, either concealed or open carry), would I be taken in handcuffs to jail? I don't want to look guilty if I'm protecting myself by being dragged away in handcuffs with cameras on me and taken to a place where criminals go. That's not right. Good people shouldn't go to jail for protecting themselves. I don't mind someone trying to fight me and me fighting back, but surrounded by 8 guys with weapons, you're damn right someone is getting shot.

A little back story to better understand my point. I have been to jail once AND ONLY once in my life. My ex gf was a head case (social anxiety, paranoia, delusions, black outs). She was beautiful, but completely nuts. Notice the "ex" part. I didn't realize it until later. Anyways, we got into an arguement and she had one of those moments where she didn't know who she was or where she was. She threw gatorade in my face, then a whole can of old cigarette butts, then took a knife to my favorite painting. A knife in one hand and my favorite possession in the world in the other. I called the police. Let me say that again, I called the police. The San Diego County Police Department showed up. Spent a lot of "extra time" with my ex (the pretty girl) and then took me to jail. I told them exactly what happened including that she has a mental condition and they said "we're sorry, but when we come out, we have to take someone to jail". I am not leaving out any details. That's exactly what happened. No physical contact whatsoever, just one crazy girl and some heated words. I went to jail for a week because a stupid reason. If I could go to jail for not doing anything wrong, what if I used my firearm in self defense?!?!

But based on the majority of police officers I've met and things I've seen, I don't think they would care who was at fault, if you had a gun and shot someone, I think a some officers would treat you like a criminal just because a firearm was involved. I would love to hear from a police officer or someone that knows about this.

(And please people... I I00% believe that we have to right to bare arms, so don't get on here spouting a bunch of garbage about not owning a firearm. There are evil people out there, I've met them. Don't tell me there isn't a reason to carry. You live in a sheltered world if you think that.)

8 Answers

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  • 8 years ago
    Favorite Answer

    This guy is fantastic. Watch this

    http://www.youtube.com/watch?v=B667sHbfwAQ

    glad to help

  • Anonymous
    8 years ago

    Arrest is not conviction. All it takes is probable cause. You have to be found guilty by a judge and usually a jury to actually face punishment which can mean prison not jail. There's an old saying that is very very true..."you can beat the rap but you can't beat the ride". People get arrested for arbitrary reasons all the time, lots of people end up in jail for a day or two for being in the wrong place at the wrong time or running across the wrong cop, but that's life it is very hard to go back and sue for false arrest which is pretty much your only recourse.

    In most states you can legally use deadly force (a gun) if credibly threatened with deadly force. Deadly force means organ damage, blood loss or broken bones not getting slapped around and fist fights are borderline. Ultimately you need to know that a jury would see it that way and decide they would have used deadly force as well, then you're fine. In many states you don't even go to trial unless a different jury first decides to indict you. By definition if someone is shot there was a felony...the question they ask is was it you or your adversary.

    In some states like California you have to prove deadly force AND that there was no way for you to flee. In "stand your ground states" that requirement does not exist.

  • Anonymous
    5 years ago

    Not really. It's a world of difference between a police officer carrying and some 19 yo who isn't even drinking age legal carrying. Perhaps even worse with drinking age legal. Imagine where bar fights or party brawls or sporting events would lead if many people easy access to firearms. Refs would need bulletproof vests. Your solution would cost more lives in the future than would have hypothetically been saved in the past

  • 8 years ago

    Yes you will. If you ask me how I know I'll say "no comment"...but anyway...

    You will pretty much be treated like any other citizen who kills another person, but if it is Clearly a justified shooting, you will probably be spared any "extra" treatment like the angry looks, rude talk or abuse/neglect/beatings etc etc from the Officers. But you should expect to be "processed-in" just like any other "Suspected Criminal" would be. Fingerprinted, photographed, and if the person whom you shot is already dead, you will be booked in for Homicide... your Arrest Record will show that you were arrested for "Murder".

    You Will face some initial questions both at the crime-scene and POSSIBLY at the police station when you first arrive, but it is likely that you will be put in a cell for some hours while the Homicide Detectives are busy seeking-out/interviewing potential witnesses, checking for and reviewing available video-recordings of the shooting and the events leading up to and after the shooting, as well as performing searches of the areas involved. Following this "detective-work", perhaps even the next day or day after that, you WILL be read your Miranda warning and then Formally Questioned by the detectives as to what happened...A.K.A "A CONFESSION"!!! Be Warned!!!

    You DO NOT have to answer ANY questions without an attorney present!!! Opinions differ as to whether you should answer any or not. The N.R.A, ACLU, Gun-Rights Activists etc emphasize the fact that it might be BEST for you to remain silent without an attorney.

    Even if you CCLLEEAARRLLYYY acted in Legitimate Self-Defense, it is STILL advised to Mainly emphasize what YOUR ATTACKERS/"VICTIMS" did which required you to shoot them, and that you may want to stop talking at the point in the events where you defended yourself...

    HOWEVER..if you are absolutely, positively, 10,000,000% sure that you TRULY did nothing even HALFWAY wrong and/or illegal...AND there is a Plethora of Independent Witnesses to corroborate your "story" ...it MAY save you a few weeks to a year being Held with No Bond to tell what You in fact did...but telling what You did might also send you to prison for "any number of years up to Life"...so I PERSONALLY cannot in good conscience advise you to tell, its your call because it is your Life you may be throwing away!!!

    But if your statement matches Everybody else's statements, and the physical evidence, and Videos if available, you MIGHT be released the Next-day or day-after-that after the Prosecutor reviews the Casefile and declines to prosecute you because you truly acted in self-defense (WOOHOOO!!!)

    Good Luck brother!

    Source(s): Livin'
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  • q S
    Lv 7
    8 years ago

    I only read the title of your question.

    Can a person who uses a gun for self defense be arrested? Yes

    It is not always obvious to the officers who respond who is telling the truth and what happened. Remember, if you just survived an attack that you thought might end your life, or the life of one of your family members, you might not get all the little details right when the officer asks a few basic questions - as you will most likely be in shock.

    When you go to take your handgun class, one of the major topics covered will be what to do after using your handgun. Most of the instructors are law enforcement officers. They can tell you where to put your gun after the danger is over. (You don't want to be standing over a dead body with a gun in your hand when the police arrive). The instructor wil also tell you what to say on the phone when you call 911 (don't say, I just shot someone). Finally, the instructor will tell you what essential details to tell the first officers who arrive on scene.

  • ?
    Lv 6
    8 years ago

    If you've been to jail, then by definition you aren't a good person. You're a criminal and a scumbag. It doesn't matter if you never got convicted - anyone who's arrested is a criminal, not a good person.

  • mark
    Lv 7
    8 years ago

    In some states the stand your ground laws are not much more than a license to kill. Pretty much a male genitalia measuring contest.

  • 6 years ago

    no

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