Legal Advice If You Have to Use Your Firearm

By Woody published on in News

In four videos, Law Shield Firearms Program Attorneys Michele Byington, Edwin Walker, and Richard Carter explain what gun owners can expect to happen if they have used a gun in self-defense:

What Should I Do If I Have To Use My Firearm?

  • The first thing: Make sure you’re safe at the scene.
  • Next, call 911 and report you were the victim of a crime and you need assistance. Provide only the basics: State you were the victim of a crime, your name, where you are, and what service you need.
  • End the call to 911, and call your lawyer. Follow the lawyer’s directions on how to proceed.
  • Then secure your firearm off your body, unloaded and open, and where it can be seen by arriving law enforcement. Move away from it, but keep it in sight.
  • When police arrive, follow their directions calmly and deliberately. At the first opportunity, identify yourself as the 911 caller and the victim of a crime. Continue complying with LE’s directions.
  • You may be arrested. Good guys are arrested every day. Follow your attorney’s advice, invoke your 5th Amendment right to stay silent and ask for counsel, and stay calm.



What Do I Do If I Am Arrested?

  • Don’t argue.
  • Don’t create a scene.
  • Stop talking.


When Are Police Required To Read Me My Rights?

  • Police are not required to read you a Miranda warning unless you are in custody and being interrogated.
  • However, anything you say may be used against you.
  • Tip: You must clearly invoke your rights to counsel. No wishy-washy language, such as, “I think I want to speak to my lawyer.”



How Long Can the Police Hold Me Without Charges?

  • If you have been arrested following the use of your firearm for self defense, LE officials can keep you in custody for up to 48 hours before you are presented to a magistrate.



 What’s your plan for “after the bang” if you have to shoot in self defense? Tell us in the comments section below.

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Comments (76)

  • MP


    Say amen brother testify.i


  • David R. Salve...Sgt. USMC


    In that case…a well placed center mass shot will do the job, and then you can call the police…the EMT’s won’t be needed. Maybe Coit carpet cleaners will be next to be called.


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