More ink has been put to paper in service to concealed carry laws, and the selection of arms, ammunition, carry rigs and range training than probably any other single topic in the shooting sports. Unfortunately, little has been penned about avoiding the gunfight and ensuing legal challenges that invariably erupt after the smoke has cleared.
I’m not an attorney, but as a police practitioner, who has investigated both police and civilian shootings for decades, I can offer my opinions based on the aftermath of those events, and how they can be prevented.
I carry a gun and have for nearly 30 years. I have little choice. My mission is to protect citizens and denizens alike, as well as myself, from the flawed logic and poorly executed plans of reprobates who ply their banditry upon the vulnerable and available.
My only measure of success is bringing
the rapscallions to justice. Thus, I have an
obligation to pursue and arrest them. I enjoy something called sovereign immunity, which protects my agency and me from frivolous lawsuits, as long as my actions are considered appropriate. It is my best legal protection, and civilians do not enjoy the same privilege.
I have options even under dire circumstances. I enjoy discretion and the advantages of backup personnel, ballistic vests, weapons, state of the art communications and less than lethal alternatives. What I don’t have is the luxury of retreating, only regrouping. This is one thing a citizen has in spades; the ability to discern danger and leave the area. He will rarely be criticized, and almost never be held liable for choosing to do so. Conversely, defensive actions with a firearm, even when justified will be placed under greater scrutiny than he can imagine.
For years I have been a proponent of civilian concealed carry laws, and have never altered my opinion. I have, however, counseled many civilians to at least consider seeking legal counsel before an invitation to a gunfight is extended at midnight, in a dark parking lot, with a hundred drunken witnesses.
We live in a litigious society. Even if your response to armed confrontation is justifiable, and lawful by the courts, and you are fortunate enough not to be arrested, your legal obligations do not end there. You may still be found civilly liable for those same actions, especially if you draw your assailant’s blood. and worse yet, that of any other party.
Another example of preparation is purchasing a million-dollar umbrella policy for your homeowners insurance. One round, fired in haste, by a civilian in defense of his property and not his life can bankrupt even an affluent family. That same round striking an innocent neighbor who survives will cost that homeowner the equivalent of a lifetime of his salary, even if he is not charged criminally. A surviving defendant, who is injured by your actions, no matter how critical, is likely to entertain litigation. This is becoming common amongst recovering inmates.
The investigators, some of whom may have a predisposition towards either party, seek virtually every piece of evidence that can be located and identified on a shooting scene. It may not be prejudicial, but it could alter the disposition of the initial investigation. Investigating Homicides, I try to be objective and go where the evidence leads, not necessarily where the witness statements guide me. Witnesses are often difficult to locate, and usually reveal less than they actually saw.
Occasionally witnesses will add something to the equation that never happened, in hopes one side will benefit. More often, they simply disappear and refuse to give any information at all. Do not depend on onlookers to substantiate your actions. Your chances of being acquitted on the basis of an independent and absent witness is about the same as hitting the lottery.
Ultimately, the opportunity to engage an opponent increases or diminishes dramatically with your lifestyle,
behavior, choice of associates and travel plans, all punctuated by common sense. If you are inclined to argue a point of contention with a stranger, take my advice, sell your stocks and retain a good attorney. You will eventually loose the first and need the second.
Learn to discipline yourself in the face of adversity. Your first duty is to protect yourself and your party. Your second duty is to retreat and report. You can’t do that if you are busy exchanging insults and gunshots with the offender. Perhaps no advice is more germane than to simply stay away from locales which routinely suffer criminal statistics by the elements they attract. These are invariably bars, and honky tonks, where disputes are settled with alcohol driven egos. By law, a concealed weapon permit holder is not authorized to carry inside saloons, so don’t expect that if you’ve fended off a robbery inside you will be given a medal for your actions. You will likely face arrest and lose your gun and permit, even if your response would otherwise be appropriate. The same applies for schools and public buildings. Learn where you can lawfully carry, and comport yourself accordingly. Judges rarely make exceptions, and often make examples of those they see as vigilantes.
Sound, reasonable logic is the currency by which your actions will be judged. If you choose to intercede at your own risk for the protection of another person, your responses are still open to challenge. Should you elect to involve yourself in another’s disagreement, you may perceive it as a moral obligation, where others could view it as impulsive interference. Your first inclination should be to remove your loved ones from any escalating confrontation. They depend upon you for their well being. Report the incident and remain in a safe area or leave entirely. If there is a need to apprise authorities, do so, and don’t be shy about giving your name as a witness.
Remember that you enjoy no legal authority to pursue and apprehend an offender after the fact. Even though citizens can effect a lawful arrest of a felon, the burden of proof lies upon the pursuing citizen to show the crime did occur and the offender was the responsible party. Most citizens are ill equipped to challenge an escaping armed felon, and could be held liable, just as I can be, if the offender injures another party during the chase.
If you must travel and work in bad areas, become so familiar with the territory as to have escape routes worked out ahead of time, in the event you are threatened or confronted. You can learn to avoid places where you are confined by simply taking alternate routes in your daily routine. Stay away from stairwells in unfamiliar buildings, and choose elevators with several passengers, taking note of the emergency button on the control panel as you enter. The same philosophy applies in public access restrooms. Choose a stall nearest the front section closest to the doorway, and be prepared to call out if you feel intimidated. Keep you wallet in your front pocket, as your most vulnerable position is in these places.
Force yourself to make eye contact with those around you. Their response will signal their intent. Learn to walk with a purpose. If you find yourself lost, stepping inside a store will afford you at least a degree of safety, and directions to your destination. When driving, keep your windows rolled up and doors locked. At intersections, think of your position at the traffic light, and look for a path of escape if threatened.
Stay inside your car if harassed or threatened. Two tons of metal trumps even a 240-grain hollowpoint, and affords the means of immediate retreat. If you emerge from your car, you surrender the very fortress which isolates you from the potential engagement, and usually ensures your participation. In these cases, the best defense is to continue driving and report the incident at a safe location.
If you are confronted with an adversary while inside a building, make it clear to anyone else present that you are being harassed. Most criminals want no publicity about their actions. They will gamble on your silence, or at least your compliance. Keep a money clip in your pocket, separate from bigger bills and credit cards in you wallet. If a bandit challenges you and demands funds, surrender the money clip first, step backwards, and tell him to leave you alone. As simple as it sounds, most thieves will accept the first money offered and flee. In doing this you have complied with his orders, placed additional distance between you and him, and provided him with the idea to leave first.
Do not block his path of flight or try to recover your funds at gunpoint. You will invariably end up in a Mexican standoff for which neither will have the advantage. Remember, you have no way of restraining the hobgoblin other than by threat of force.
If you do not actually see a weapon, are you justified in producing yours? Probably not. The premise being that a bandit who implies he has a gun or knife will usually make an effort to exhibit one if it exists. Introducing a gun into this situation may simply afford the crook the opportunity to gain control of yours. There is no set rule of thumb in advertising that you are armed. Your assailant will have already thought of this himself, and accepted the risk. It may be a next to last resort to announce your intentions, but do so with a caveat, fact and bravado are separated only by emotion. I learned early that the braggart in my face is less dangerous than the quiet, confident stare of a silent, but determined adversary nearby.
Patience, discipline and humility are the mark of a courageous and honorable person. The fact that you have been issued a concealed carry permit, or routinely keep a firearm in your car or home is only part of the equation. Your responsibility for its use has been exponentially increased by your decision to carry one. Be prepared with the confidence to wield it appropriately, then insure yourself with the discipline and control to prevent the occasion from ever arising.