6 Things That Would Happen When
The Police Arrive…
INTRODUCTION
It can be extremely dangerous to be the one
holding a gun when the police arrive at the scene
of a shooting, so be sure you aren’t.
6 THINGS YOU DIDN’T KNOW…
If you are forced to defend yourself with a firearm, the police will
have to get involved. You need to dial 911 immediately: tell the
dispatcher your location and that someone has been shot and that
you need an ambulance. Describe to them what you look like and
what you’re wearing, but apart from that, simply repeat that you were
in fear for your life and that someone has been shot.
Officers will arrive at the scene of the shooting and before they do
anything else, they will need to immediately ascertain who presents
a deadly threat to innocent life. They will evaluate everyone at the
scene, principally you, as you’re the one whose description they got
over the radio. If you haven’t already done so, they will order you to
drop your firearm and you will likely be placed in handcuffs. Though
you will not necessarily be under arrest, you will be taken into police
custody until they can sort out exactly what happened. Until they do
this, they can’t proceed with anything else.
It is mandatory that you comply with all of their physical demands.
Before they arrive, you need to re-holster your firearm or place it on
the ground; it can be extremely dangerous to be the one holding a
gun when the police arrive at the scene of a shooting, so be sure
you aren’t.
Remind yourself that you are not being handcuffed because you did
anything wrong; you are being handcuffed because the officers need
to be sure that no one at the scene is going to start shooting again.
It is extremely important that you not resist them or try to fight back.
Remember: you haven’t done anything wrong. You were in fear for
your life or the lives of others and were forced to employ deadly force
in the defense of said innocent life.
1 You Will Be
Detained
And Possibly
Arrested
‘‘…you will likely be
placed in handcuffs.
Though you will not
necessarily be under
arrest, you will be taken
into police custody…
6 THINGS YOU DIDN’T KNOW…
The officers will be responding to either a “shots fired” call or a
shooting that occurred during a homicide. Do not let the word
“homicide” panic you; “homicide” just means that one person
was responsible for the death of another person—nothing more and
nothing less. In all likelihood, the police will be taking your gun as
evidence in the investigation of this shooting or homicide. Again,
do not let the word “evidence” rattle you. As long as you acted in
self-defense and were in fear for the loss of innocent life, you will
be able to work with an attorney to vindicate your actions.
Your gun, however, will be in police custody for longer than you
will. Nazir Al-Mujaahid, the first concealed carry permit holder in the
state of Wisconsin to use his sidearm in a defensive situation, had
to wait almost 2 years to recover his pistol from the evidence locker,
even though no charges were ever filed against him. The state law
enforcement agency handling the shooting will understand that if
they ever relinquish custody of that gun, the chances of ever getting
it back will be very low—so they will hang onto it as long as they can
on the off-chance they will ever want to assess it again.
2 Your Gun
Will Be
Seized And
Held As
Evidence
…the police will be
taking your gun
as evidence in the
investigation of
this shooting…
6 THINGS YOU DIDN’T KNOW
3. You Will Be
Interrogated
Both At The
Scene Of
The Shooting
And At The
Police Station
‘‘Those officers will be interacting with you
the same way they interact with everyone
they put in handcuffs: as a suspect.
Responding law enforcement officers will ask you a lot of
questions. They will demand to know what happened that led
to you shooting another person. They will demand to know
if you are alone and they will demand to know what led up to you
discharging your firearm.
Though it can be extremely tempting to tell them everything that
comes to mind, you have to be very careful. Those officers will be
interacting with you the same way they interact with everyone they
put in handcuffs: as a suspect. They will be trying to get you to say
as much as possible before you invoke your right to remain silent
without an attorney present. Never forget that the Fifth Amendment
was not included in our Constitution to defend guilty people; the
Fifth Amendment was included to protect innocent people. Those
responding officers will be trying to get you to cut loose with what
in the legal world are called “excited utterances”: exclamations made
by an individual before they have been apprised of their right to
remain silent. These statements are admissible in court. As you will
likely be extremely excited and upset in the wake of a shooting, it is
imperative that you limit your statements of any kind until you have
had time to calm yourself and consult with an attorney.
Look at it this way: when a law enforcement officer is forced to shoot
someone in the line of duty, they are immediately removed from
the scene, assessed by EMS, and kept from outside contact until
they have had an opportunity to relax, collect themselves, and avoid
saying or doing anything that could further complicate an already
complex situation. You should demand the same treatment. If you
feel light-headed or otherwise over-excited (and you will), tell them
that you do not feel well and need medical attention. This will require
them to contact EMS for you, and questioning will cease. Use this
window of time to calm yourself, to make sure you are physically
unharmed, and to ensure that you don’t make any unfortunate errors
that could later cost you.
‘‘
6 THINGS YOU DIDN’T KNOW…
We’ve all heard that when questioned, every American has
“the right to an attorney.” How to get hold of one, however,
can be confusing and difficult without a little forethought.
What that specifically means—“You have the right to have an
attorney present during questioning”—is that after you are placed
under arrest, officers are not allowed to ask you any more questions
unless you consent to answering them. However, they will ask you
as many questions as they can before they actually place you under
arrest. This is what they are trained to do, as they understand that
after you have been arrested and “Mirandized” (apprised of your
Fifth Amendment right against self-incrimination), any information
they get from you without a lawyer present will likely be ruled
inadmissible in court.
If you are forced to defend yourself, you will need to answer
questions about the particulars of what happened. This will be
necessary to prove that you were “in the right”—i.e., not acting
outside of the law. To do so, though, will often involve you being
either taken into custody or outright arrested. The officers on the
scene of the shooting need to know what happened, and if all
you say is “I’m not talking without a lawyer,” they are going to have
to arrest you in order to get you into a position in which you will
answer their questions. After you are arrested, you will be searched
for weapons and brought to an interview room at the local law
enforcement center; this is the point at which they will allow you to
contact an attorney.
To do so, you will have one of three options: you can open a phone
book and blindly choose a name, you can contact your personal
lawyer, or you can call the USCCA Member Services Hotline to get the
ball rolling on your defense.
4. If You Don’t
Already Have
One, You Will
Need To Hire
An Attorney
–Fast
After you are arrested, you will be searched
for weapons and brought to an interview
room at the local law enforcement center;
this is the point at which they will allow
you to contact an attorney.
6 THINGS YOU DIDN’T KNOW…
Depending on the particulars of your situation, you may
actually be arrested and taken to a city or county jail. If this is
the case, and you are not accustomed to being treated like a
criminal, you’re going to be in for a very unpleasant experience.
Once arrested, you will likely be given the option to post bail, which
is either a quantity of cash or other security that the law enforcement
agency will hold as insurance that you will return for a court hearing
or to sign a document representing your promise to do so. This
will depend on your specific situation, but posting bail can be very
difficult for the average individual. Self-defense shootings seem to
happen after banker’s hours and few people keep anywhere from
thousands to hundreds of thousands of dollars in cash on hand in
their residences. Your options are to call a bail bonds company (if
they are legal in your area), call a family member who can try to
arrange the collection of the necessary funds, or contact the USCCA,
who will handle the situation from there.
5. You May
Have To
Post Bail Or
Pay Bond
‘‘…few people keep
anywhere from
thousands to hundreds
of thousands of dollars
in cash on hand…
WWW.USCCA.COM
8
6 THINGS YOU DIDN’T KNOW…
After all of the officers have asked all of their questions, they
will compile their notes into their official reports and decide if
they think there is evidence of a crime. If they believe you have
committed a crime, these police reports will be sent to the District
Attorney—along with a DA referral form, which means that the
officers believe there is enough evidence that a crime was committed
for you to be taken to court and charged with something. This is not
a rapid process.
It may take anywhere from days to a week or more for all officers
involved in an incident to complete their reports. This is not out of
laziness or carelessness; this is because depending on where the
incident occurred, your incident may be only one of a dozen or more
calls these officers had to handle that day. In order for their reports
to be as accurate as possible, they’ll have to take their field notes
and, as soon as possible, read through them and put them into a
narrative form—one that will help someone who was not at the scene
understand exactly what happened in the clearest possible language.
Once they’re done with the immediate situation involving you, they
have to get back onto the streets and get back to their job as a cop,
Deputy, or Trooper. Their field notes may sit in their squad car until they
can write their report, and once their report is complete, it may sit in
a basket in the station or in the District Attorney’s office for anywhere
from hours to days. Remember: this is before anyone has even started
to decide whether you will actually be charged with a crime.
The key is to make sure that you are at home during this process, not
sitting in a jail cell.
6. The DA Will
Gather Police
Reports To
Make A
Charging
Decision
‘‘…make sure that you
are home during this
process, not sitting in
a jail cell.
WWW.USCCA.COM
9
6 THINGS YOU DIDN’T KNOW…
Here’s something you must accept right now: in the aftermath of a self-defense shooting—even
a justified one—you WILL encounter all six of these harsh realities. As unfair as it may seem, keep
in mind that such realities are standard procedure following any shooting.
It is imperative that you spend time now thinking about and preparing for what comes after
a deadly force encounter. After all, the difference between going to jail and going home to
your family will likely be determined by your ability to navigate through the rough terrain that
inevitably follows a self-defense incident. And the truth is, proving your innocence without a
plan will be costly—both mentally and financially.
The good news is that you won’t have to bear that weight alone. The USCCA exists to guide
and support responsibly armed Americans just like you through the scary and overwhelming
aftermath of a self-defense incident so you can get back home to your family where you belong.
From 24/7 emergency assistance via the Self-Defense SHIELD Critical Response Team to an
immediate attorney retainer to post-incident psychological support, the USCCA will get the ball
rolling in your favor...and will stick with you every step of the way.
If you’d like to learn more, visit: www.ProtectYourselfAfter.com
The Police Arrive…
INTRODUCTION
It can be extremely dangerous to be the one
holding a gun when the police arrive at the scene
of a shooting, so be sure you aren’t.
6 THINGS YOU DIDN’T KNOW…
If you are forced to defend yourself with a firearm, the police will
have to get involved. You need to dial 911 immediately: tell the
dispatcher your location and that someone has been shot and that
you need an ambulance. Describe to them what you look like and
what you’re wearing, but apart from that, simply repeat that you were
in fear for your life and that someone has been shot.
Officers will arrive at the scene of the shooting and before they do
anything else, they will need to immediately ascertain who presents
a deadly threat to innocent life. They will evaluate everyone at the
scene, principally you, as you’re the one whose description they got
over the radio. If you haven’t already done so, they will order you to
drop your firearm and you will likely be placed in handcuffs. Though
you will not necessarily be under arrest, you will be taken into police
custody until they can sort out exactly what happened. Until they do
this, they can’t proceed with anything else.
It is mandatory that you comply with all of their physical demands.
Before they arrive, you need to re-holster your firearm or place it on
the ground; it can be extremely dangerous to be the one holding a
gun when the police arrive at the scene of a shooting, so be sure
you aren’t.
Remind yourself that you are not being handcuffed because you did
anything wrong; you are being handcuffed because the officers need
to be sure that no one at the scene is going to start shooting again.
It is extremely important that you not resist them or try to fight back.
Remember: you haven’t done anything wrong. You were in fear for
your life or the lives of others and were forced to employ deadly force
in the defense of said innocent life.
1 You Will Be
Detained
And Possibly
Arrested
‘‘…you will likely be
placed in handcuffs.
Though you will not
necessarily be under
arrest, you will be taken
into police custody…
6 THINGS YOU DIDN’T KNOW…
The officers will be responding to either a “shots fired” call or a
shooting that occurred during a homicide. Do not let the word
“homicide” panic you; “homicide” just means that one person
was responsible for the death of another person—nothing more and
nothing less. In all likelihood, the police will be taking your gun as
evidence in the investigation of this shooting or homicide. Again,
do not let the word “evidence” rattle you. As long as you acted in
self-defense and were in fear for the loss of innocent life, you will
be able to work with an attorney to vindicate your actions.
Your gun, however, will be in police custody for longer than you
will. Nazir Al-Mujaahid, the first concealed carry permit holder in the
state of Wisconsin to use his sidearm in a defensive situation, had
to wait almost 2 years to recover his pistol from the evidence locker,
even though no charges were ever filed against him. The state law
enforcement agency handling the shooting will understand that if
they ever relinquish custody of that gun, the chances of ever getting
it back will be very low—so they will hang onto it as long as they can
on the off-chance they will ever want to assess it again.
2 Your Gun
Will Be
Seized And
Held As
Evidence
…the police will be
taking your gun
as evidence in the
investigation of
this shooting…
6 THINGS YOU DIDN’T KNOW
3. You Will Be
Interrogated
Both At The
Scene Of
The Shooting
And At The
Police Station
‘‘Those officers will be interacting with you
the same way they interact with everyone
they put in handcuffs: as a suspect.
Responding law enforcement officers will ask you a lot of
questions. They will demand to know what happened that led
to you shooting another person. They will demand to know
if you are alone and they will demand to know what led up to you
discharging your firearm.
Though it can be extremely tempting to tell them everything that
comes to mind, you have to be very careful. Those officers will be
interacting with you the same way they interact with everyone they
put in handcuffs: as a suspect. They will be trying to get you to say
as much as possible before you invoke your right to remain silent
without an attorney present. Never forget that the Fifth Amendment
was not included in our Constitution to defend guilty people; the
Fifth Amendment was included to protect innocent people. Those
responding officers will be trying to get you to cut loose with what
in the legal world are called “excited utterances”: exclamations made
by an individual before they have been apprised of their right to
remain silent. These statements are admissible in court. As you will
likely be extremely excited and upset in the wake of a shooting, it is
imperative that you limit your statements of any kind until you have
had time to calm yourself and consult with an attorney.
Look at it this way: when a law enforcement officer is forced to shoot
someone in the line of duty, they are immediately removed from
the scene, assessed by EMS, and kept from outside contact until
they have had an opportunity to relax, collect themselves, and avoid
saying or doing anything that could further complicate an already
complex situation. You should demand the same treatment. If you
feel light-headed or otherwise over-excited (and you will), tell them
that you do not feel well and need medical attention. This will require
them to contact EMS for you, and questioning will cease. Use this
window of time to calm yourself, to make sure you are physically
unharmed, and to ensure that you don’t make any unfortunate errors
that could later cost you.
‘‘
6 THINGS YOU DIDN’T KNOW…
We’ve all heard that when questioned, every American has
“the right to an attorney.” How to get hold of one, however,
can be confusing and difficult without a little forethought.
What that specifically means—“You have the right to have an
attorney present during questioning”—is that after you are placed
under arrest, officers are not allowed to ask you any more questions
unless you consent to answering them. However, they will ask you
as many questions as they can before they actually place you under
arrest. This is what they are trained to do, as they understand that
after you have been arrested and “Mirandized” (apprised of your
Fifth Amendment right against self-incrimination), any information
they get from you without a lawyer present will likely be ruled
inadmissible in court.
If you are forced to defend yourself, you will need to answer
questions about the particulars of what happened. This will be
necessary to prove that you were “in the right”—i.e., not acting
outside of the law. To do so, though, will often involve you being
either taken into custody or outright arrested. The officers on the
scene of the shooting need to know what happened, and if all
you say is “I’m not talking without a lawyer,” they are going to have
to arrest you in order to get you into a position in which you will
answer their questions. After you are arrested, you will be searched
for weapons and brought to an interview room at the local law
enforcement center; this is the point at which they will allow you to
contact an attorney.
To do so, you will have one of three options: you can open a phone
book and blindly choose a name, you can contact your personal
lawyer, or you can call the USCCA Member Services Hotline to get the
ball rolling on your defense.
4. If You Don’t
Already Have
One, You Will
Need To Hire
An Attorney
–Fast
After you are arrested, you will be searched
for weapons and brought to an interview
room at the local law enforcement center;
this is the point at which they will allow
you to contact an attorney.
6 THINGS YOU DIDN’T KNOW…
Depending on the particulars of your situation, you may
actually be arrested and taken to a city or county jail. If this is
the case, and you are not accustomed to being treated like a
criminal, you’re going to be in for a very unpleasant experience.
Once arrested, you will likely be given the option to post bail, which
is either a quantity of cash or other security that the law enforcement
agency will hold as insurance that you will return for a court hearing
or to sign a document representing your promise to do so. This
will depend on your specific situation, but posting bail can be very
difficult for the average individual. Self-defense shootings seem to
happen after banker’s hours and few people keep anywhere from
thousands to hundreds of thousands of dollars in cash on hand in
their residences. Your options are to call a bail bonds company (if
they are legal in your area), call a family member who can try to
arrange the collection of the necessary funds, or contact the USCCA,
who will handle the situation from there.
5. You May
Have To
Post Bail Or
Pay Bond
‘‘…few people keep
anywhere from
thousands to hundreds
of thousands of dollars
in cash on hand…
WWW.USCCA.COM
8
6 THINGS YOU DIDN’T KNOW…
After all of the officers have asked all of their questions, they
will compile their notes into their official reports and decide if
they think there is evidence of a crime. If they believe you have
committed a crime, these police reports will be sent to the District
Attorney—along with a DA referral form, which means that the
officers believe there is enough evidence that a crime was committed
for you to be taken to court and charged with something. This is not
a rapid process.
It may take anywhere from days to a week or more for all officers
involved in an incident to complete their reports. This is not out of
laziness or carelessness; this is because depending on where the
incident occurred, your incident may be only one of a dozen or more
calls these officers had to handle that day. In order for their reports
to be as accurate as possible, they’ll have to take their field notes
and, as soon as possible, read through them and put them into a
narrative form—one that will help someone who was not at the scene
understand exactly what happened in the clearest possible language.
Once they’re done with the immediate situation involving you, they
have to get back onto the streets and get back to their job as a cop,
Deputy, or Trooper. Their field notes may sit in their squad car until they
can write their report, and once their report is complete, it may sit in
a basket in the station or in the District Attorney’s office for anywhere
from hours to days. Remember: this is before anyone has even started
to decide whether you will actually be charged with a crime.
The key is to make sure that you are at home during this process, not
sitting in a jail cell.
6. The DA Will
Gather Police
Reports To
Make A
Charging
Decision
‘‘…make sure that you
are home during this
process, not sitting in
a jail cell.
WWW.USCCA.COM
9
6 THINGS YOU DIDN’T KNOW…
Here’s something you must accept right now: in the aftermath of a self-defense shooting—even
a justified one—you WILL encounter all six of these harsh realities. As unfair as it may seem, keep
in mind that such realities are standard procedure following any shooting.
It is imperative that you spend time now thinking about and preparing for what comes after
a deadly force encounter. After all, the difference between going to jail and going home to
your family will likely be determined by your ability to navigate through the rough terrain that
inevitably follows a self-defense incident. And the truth is, proving your innocence without a
plan will be costly—both mentally and financially.
The good news is that you won’t have to bear that weight alone. The USCCA exists to guide
and support responsibly armed Americans just like you through the scary and overwhelming
aftermath of a self-defense incident so you can get back home to your family where you belong.
From 24/7 emergency assistance via the Self-Defense SHIELD Critical Response Team to an
immediate attorney retainer to post-incident psychological support, the USCCA will get the ball
rolling in your favor...and will stick with you every step of the way.
If you’d like to learn more, visit: www.ProtectYourselfAfter.com
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