legality of home defense with firearm

teratos · Jun 9, 2020

Skipjacks said:
What about the first interaction with police?

There is someone in your home. You shoot him.

You kinda have to call the police at this point. (Objectively I would say to call first, then grab the gun and defend yourself as you now have a record that you wanted someone else to handle this so you didn't have to kill the intruder, but the situation may not allow for that)

So you are not standing over the body of the intruder. You have to call 911 and tell the cops to come out. I assume you have to tell them why. You can't say "Hey...just send police but I am not making a statement"

So what can you safely say on that recorded call so the cops know what they are responding to?

Is it okay to stick with basic facts? "There was an intruder in my home. I have shot him. Send police and and ambulance"

And what about when the police get there? You have to open the door and give them your name. I assume they are going to want to make sure the threat is over so they will need basic information about what happened. What do you need to say to help the police ensure the house is safe that isn't going to eff you in court?

I always had it in my head that you should ask for an ambulance for the intruder for 2 reasons. 1 because it shows you don't want him to die and 2 because it is the right thing to do for someone who will die without medical help even if he was there to hurt you.

Don’t say a THING you don’t have to until you have an attorney.

Skipjacks · Jun 9, 2020

teratos said:
Don’t say a THING you don’t have to until you have an attorney.

100% agreed

But my question is "what do I HAVE to say" when I call 911 and when the cops first arrive

I assume most cops will see the situation and understand why you aren't making any further statements at that time (even if they don't like it, they will understand it)

But they are going to need SOME information to get them there and to assess the ongoing threat

randomuser · Jun 9, 2020

Skipjacks said:
100% agreed

But my question is "what do I HAVE to say" when I call 911 and when the cops first arrive

I assume most cops will see the situation and understand why you aren't making any further statements at that time (even if they don't like it, they will understand it)

But they are going to need SOME information to get them there and to assess the ongoing threat

?Not really thought of it, but something along the lines of:

someone is breaking into my house, please send police and ems in case he hurts us. im getting off so i can hide. click.

EDA98 · Jun 9, 2020

If you can, have someone else make the 911 call, a spouse or whomever. be as clear and concise as possible without giving any info that could hurt you. Ideally have them call while you interact with the intruder that way they only have to say "there is an intruder in my home, I am unsafe and afraid for my life" or something similar. when the police arrive say the same thing. there was an intruder and i was afraid for my life and I want a lawyer. and obviously make sure whatever weapon was used has been made safe and is no longer on your person.

TheOriginalMexicanBob · Jun 9, 2020

First call...9-1-1.
Second call...your attorney.

outrider58 · Jun 9, 2020

Once you call 911, stay on the line until police arrive.

miles71 · Jun 9, 2020

This is why things like US Lawshield exist.

911, then attorney. If you're not alone call each at same time.

TD

Skipjacks · Jun 9, 2020

outrider58 said:
Once you call 911, stay on the line until police arrive.

I see the logic in this....but if you do that be very careful not to say anything like "Eat lead, sucka! Tell Satan I said hi!"

Just remember you are on a recorded line

Blaster229 · Jun 9, 2020

Skipjacks said:
100% agreed

But my question is "what do I HAVE to say" when I call 911 and when the cops first arrive

I assume most cops will see the situation and understand why you aren't making any further statements at that time (even if they don't like it, they will understand it)

But they are going to need SOME information to get them there and to assess the ongoing threat

Call, give your description and that you're armed. I am going to be in my back bedroom, they'll get my location and then I'm throwing the phone on the floor, still connected.
I am not going to try to defend my life and possibly others shooting 1 handed and distracted .

BrianS · Jun 9, 2020

Besides seizing the gun you used to defend yourself, would they also take any other guns in the house or is it only limited to weapon involved?

TheOriginalMexicanBob · Jun 9, 2020

BrianS said:
Besides seizing the gun you used to defend yourself, would they also take any other guns in the house or is it only limited to weapon involved?

Officers would likely at minimum take any firearms within your "wingspan" or easily accessible and render them safe. Whether they actually remove them from the premises may depend on the senior officer present and what he decides to do. The firearm actually used...yes...it would be taken as evidence.

teratos · Jun 9, 2020

TheOriginalMexicanBob said:
Officers would likely at minimum take any firearms within your "wingspan" or easily accessible and render them safe. Whether they actually remove them from the premises may depend on the senior officer present and what he decides to do. The firearm actually used...yes...it would be taken as evidence.

With some of us here, taking all the weapons will require overtime and a U Haul....

hosspower · Jun 9, 2020

Any lawyers local in MD that are well versed in dealing with these type of situations besides a company like US Lawshield?

TheOriginalMexicanBob · Jun 9, 2020

Doesn't the NRA maintain a list of attorneys versed in self-defense and firearms law one can retain for counsel?

Bob A · Jun 9, 2020

TheOriginalMexicanBob said:
Doesn't the NRA maintain a list of attorneys versed in self-defense and firearms law one can retain for counsel?

I carry CCWSafe insurance. They have lawyers, and lists of local lawyers who are capable of handling this type of case.

Anyone who owns a firearm for home defense, to say nothing of carrying one on the street, would be well advised to get this type of insurance.

It's the financial equivalent of a couple three boxes of anti-personnel cartridges. It can save your future.

teratos · Jun 9, 2020

Bob A said:
I carry CCWSafe insurance. They have lawyers, and lists of local lawyers who are capable of handling this type of case.

Anyone who owns a firearm for home defense, to say nothing of carrying one on the street, would be well advised to get this type of insurance.

It's the financial equivalent of a couple three boxes of anti-personnel cartridges. It can save your future.

Good idea.

Atlasarmory · Jun 9, 2020

teratos said:
That was my conclusion.

Mosby will say the poor person was using the molotov cocktail as a reading light because they were getting their GED and turning their life around.

Shoot the Molotov

Bullfrog · Jun 9, 2020

Bob A said:
I carry CCWSafe insurance. They have lawyers, and lists of local lawyers who are capable of handling this type of case.

Anyone who owns a firearm for home defense, to say nothing of carrying one on the street, would be well advised to get this type of insurance.

It's the financial equivalent of a couple three boxes of anti-personnel cartridges. It can save your future.

Did you do some research before picking that one?

I haven't yet but I remember reading that at least one of the companies providing that insurance was promising more than they delivered, or involved in some other kind of scam and had to stop offering coverage in those situations.

I need to do some goggling...

Blaster229 · Jun 9, 2020

Bullfrog said:
Did you do some research before picking that one?

I haven't yet but I remember reading that at least one of the companies providing that insurance was promising more than they delivered, or involved in some other kind of scam and had to stop offering coverage in those situations.

I need to do some goggling...

I have CCWSafe. They are completely funded. I don't know the technical term, but they don't rely on some 3rd party insurance company that may change their mind. They also are the only company who had successfully won in an actual self defense case.

Bob A · Jun 9, 2020

Bullfrog said:
Did you do some research before picking that one?

I haven't yet but I remember reading that at least one of the companies providing that insurance was promising more than they delivered, or involved in some other kind of scam and had to stop offering coverage in those situations.

I need to do some goggling...

Yes I did, at the time. They offered extensive coverage, and still send me regular posts regarding SD cases and the law.

I admit I do not know whether they actually deliver. Anyone who can dig up that info and post it here will receive my unsolicited admiration and gratitude.

Here's one review:https://www.concealedcarrystates.org/ccw-safe/

And here's one that has bad things to say:
https://forum.pafoa.org/showthread.php?t=283385

I have insurance because, given the costs involved, it's better than not having insurance. Best, is, of course, not having to shoot someone at all.

I'm always open to better options.

legality of home defense with firearm

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