Well, I ran across this story recently and thought WOW, what a perfect example of stupid that can be used to teach all the important aspects of being a responsibly armed citizen.
I’m gonna tell you what happened and then cover the gamut of dos and don’ts… Knowing such things are pretty important if you want to enjoy your freedom after defending it with that gun you bought to keep you and your family safe. Every time I write about the use of force I get at least one chest thumper that doesn’t care anything about the law because they would rather be judged by twelve than carried by six…
Well, I could not agree with that statement more but if you understand what justifies the use of deadly force and how to proceed after defending yourself you’ll have a much better chance of letting the other person get carried away by six AND avoid having to worry about someone violating your six while you spend the next twenty years in prison. Surviving an armed encounter is actually a two-stage process in this crazy world we live in today… You have to survive the shooting, then you have to survive the scrutiny that will ALWAYS follow so you don’t end up in prison for defending yourself.
The shooting I am going to tell you about here happened in Decatur, Illinois, and involves three women. On July 06, 2020, a couple of these girls got into a little scuffle at a party prior to the shooting. The passenger in the vehicle that was shot at was angered by the scuffle so got the brilliant idea she would have a friend drive her to the girl’s house and she would jump out and toss a brick through her window then run off feeling vindicated I guess…
So the plan is developed in the mind and they followed through. The driver, a young 20-year-old girl pulls up in front of the house in her SUV and her angry 23-year-old friend jumps out, runs up, and throws a brick through the window of a house… Well, she threw the brick through the window of the wrong house, but the intended 27-year-old she was after lived next door and hear the glass break and ran outside with her 9mm pistol and shoots at the SUV and it is pulling away.
The 20-year-old driver of the sport-utility vehicle told the police she heard about four or five shots as she was pulling away, one of which she said she saw fly right past in front of her face after it shattered through her windshield.
When the police officer went to the 27-year-olds house who was the target of the intended attack with the brick, he says she was “unrepentant” after initially denying that she had shot at anyone. After her initial denial, the 27-year-old woman said the passenger in the SUV had shot at her first and said to the police officer, “I thought I had the right to protect my (expletive)!.”
The 27-year-old woman was in possession of a valid FOID card according to the police report which is a Firearm Owner’s Identification Card… These are not concealed carry permits but rather an identification card issued to those eligible to possess and purchase firearms and ammunition. Something those of us in the non-communist states would call a total unconstitutional crock of S**T! That’s an entirely different story though…
After revealing that she was in lawful possession of her firearm the woman says to the cop, “What’s the point of having a gun license if somebody can shoot at you while you’re on your property and you can’t shoot back?”
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The reporting officer seized her 9mm semi-automatic pistol and recovered a .380 cartridge from the lawn in front of the house. After taking possession of those things the woman informed the police officer that there was a spent .45 cartridge in the trash can she claimed was from the weapon the 23-year-old SUV passenger shot at her with. The police did not recover a weapon from either of the girls in the SUV and the 23-year-old passenger admitted to throwing the brick through the window but denied confronting or shooting at the 37-year-old.
So, in a nutshell, we go a woman that that was butthurt from a scuffle she had got into with someone earlier so pulls up in front of her house, throws a brink through a window, and gets shot at trying to flee the scene. Sounds childish enough…
Now let’s discuss the dos and don’ts… First, don’t let petty shit cost you your freedom or your life… If you get in a spat with someone at a party or anywhere else and have gone your separate ways… Let it go… Trying to get revenge will never get your anywhere and could end up in someone getting seriously hurt or dead. It’s not worth it and today’s world got some crazy people in it…
That aside, let’s say you were just involved in a shooting and deal with that. If you have to use your firearm, DO NOT, I repeat, DO NOT be like this 27-year-old and start running your mouth about anything… Silence is your best friend! You never want to be rude or difficult with the police, but the only thing you should say is: my name is, “____” I want to cooperate but I want to speak with an attorney before I give any statements. That’s it, shut up, don’t even say I’m fine if asked if you are OK… My name is “____” I want to cooperate but I want to speak with an attorney before I give any statements. If you have shot someone and have to call 911, you don’t want to say anything except I was just involved in a shooting, please send an ambulance and shut up… Don’t chit chat with the 911 dispatcher, don’t start telling them the details, just that you were involved in a shooting and an ambulance is needed.
I am not an attorney but I am confident any attorney you speak with will tell you this same thing. And if you won or carry a firearm for personal protection and have questions about your legal rights, you can not go wrong spending a few dollars for some of your attorney’s time and speaking with them about your rights and the use of deadly force.
Moving past that which is the most important thing you need to remember if you are involved in a shooting, let’s discuss the use of deadly force… What is deadly force? Deadly force is the use of force that is likely to cause serious bodily injury or death to another person. If you shoot at someone, you are using deadly force, and once that bullet leaves the barrel of your gun… Your liability follows it until it finds its stopping point. If you miss the person trying to kill you and end up killing the next-door neighbor, you just murdered a man and self-defense is not going to save you…
So when are you justified using deadly force? Who remembers the definition of deadly force? Good, because the only time you are justified using deadly force is when you are in fear of serious bodily injury or death. The more formal definition is that force which a “reasonable” person would consider likely to cause death or serious bodily harm and only when all lesser means have failed or cannot be reasonably employed.
Now it’s important to remember that there are certain variations or nuances depending on your state and where you are etc.,… For example, some states have castle laws and some have stand your ground laws and some have both… Some states have what’s known as a “duty to retreat” some states do not. Generally speaking, a castle law means if you are in your house and someone breaks through your door in the middle of the night that is your castle and you have every right to defend it and using deadly force on that stranger that broke in your castle is likely not going to land you behind bars. There are some states though that say you have to make every reasonable effort to escape before the use of deadly force is justified… Typically that doesn’t mean you have to jump from the third-floor window to escape if someone breaks in your home, but if they come through the front door and you are standing next to the back door, the states with a duty to retreat would expect you to run out that back door… Absolutely absurd, but it would behoove you to know the laws in your state if you want to avoid spending time in prison.
The stand your ground laws, which drive the liberals absolutely nuts, generally speaking, mean that if someone crosses the street to attack you, you have no duty to take off running, you don’t have to lock yourself in a bathroom and call the police, you can stand your ground and defend yourself. Again, know the laws of your state and any other state that your permit is valid in if traveling because while most things are similar, there are differences and if you have a Virginia permit traveling through North Carolina, you have to comply with North Carolina laws.
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4kIt this brick to a gunfight story we have here the woman opened fire on the woman who threw the brick as she was fleeing the scene… Does anyone think the woman speeding off presented an immediate threat of serious bodily injury or death… OK, since I’m sure I have to wild one, let’s rephrase that… Would any “reasonable” person believe that the women fleeing the scene who no longer have their brick presented an immediate threat of serious bodily injury or death? I’m gonna guess no. LOL
Law enforcement officers have to adhere to the fleeing felon case law known as Tennessee v. Garner from 1985. It basically says that deadly force may not be used to stop a fleeing felon unless necessary to prevent the escape of someone that posses an immediate or significant threat of death or serious bodily harm to the officer or others… Civilians have no duty to protect anyone and the best general rule of thumb is if they are running away, let them run…
What that means as it pertains to this incident is the woman should have just cleaned up the broken glass, kept the brick for her garden, and got on with her life…
I think every American should own a firearm. I also think every firearm owner has a duty to get not only the proper training with the firearm, but they also owe it to themselves and those they love to know the laws of their state and any other state they travel into with their firearm.
The 27-year-old woman in this story clearly has no understanding of the law and will no doubt be lucky not to spend time in jail… Especially in an anti-gun state like Illinois. The most important lesson any gun owner can learn though, regardless of how much knowledge they do or do not have of the laws in their state, is the keep your mouth shut law… Sometimes referred to as the 5th Amendment. I’m not an attorney, don’t want anyone to think I am and I don’t want anyone to think they can become one by reading a book… Police Officers are taught not to give any statements after they are involved in a shooting before speaking with an attorney, and I’m sure any attorneys reading this would tell you even they would not give any statements before consulting with an attorney…
No matter how righteous you might think the shooting you were involved in is, no matter how many lives you may have saved before you can celebrate your actions have to be and will be reviewed by the authorities… Don’t be surprised if they put handcuffs on you and take you for a ride and process you through the system. Understand that’s just how the system works and if your shoot was righteous you will most likely be just fine…
I don’t work for these people and don’t get paid anything from them but I have one of their insurance policies and if you own a firearms I would highly recommend you check out the self-defense insurance offered by the United States Concealed Cary Association. USCCA
Be safe, be smart, be silent…
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