Gun law attorney discussion

Gun law attorney discussion

This is a discussion on Gun law attorney discussion within the 2nd Amendment Discussion forums, part of the General Category category; In another thread, it was mentioned that if you happen to discharge your weapon in a defensive situation, that you need to 'Call your attorney ...

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  1. #1 Gun law attorney discussion 
    Full Member SandraKaye's Avatar
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    In another thread, it was mentioned that if you happen to discharge your weapon in a defensive situation, that you need to 'Call your attorney and tell the police nothing until your attorney is present'. With this in mind, I now carry the business card of a gun law attorney. I have slipped it right in behind my CPL. Any thoughts on this? Why is it that when a person asks for their attorney, the LEOs seem to percieve them as automatically guilty of some infraction because they 'attorney up'? Is this just a tv or movie perception? Has this happened to anyone?
    We carry a weapon because we can't carry a cop so I also carry the attorneys card because I can't carry the attorney.
    The Washington Arms Collectors association that I belong to provides it's members with the listing of local gun law attorneys.

    This is my choice. Take a look at my attorneys qualifications and then ask yourself if your regular attorney is the right one for you.

    http://www.rainierlaw.com/CM/Custom/TOCFirearms-Law.asp

    OK...Yes, it's Sunday and the Seahawks are down 3-0 and it's really snowing so what else can I do but to generate some discussion...

    SK
    A woman's right to choose also includes weapon, magazine capacity and ammunition.

    NRA Member & WA. CPL holder since 1967
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  2. #2 Re: Gun law attorney discussion 
    Jr. Member Sandy's Avatar
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    When something traumatic happens, most people try to justify what they have done by talking their heads off. In the process, you may say something that can be misconstrued or worse, be incriminating. LEOs will try to get you to talk because that is how they are trained.

    Your job is now to avoid losing your freedom and everything you own or will own in the future. The perp who just tried to rape you will suddenly become the lead in the church choir. Avoid spilling your soul by suddenly having chest pains that will require hospitalization and at the same time call that lawyer. DO NOT SAY ANYIHING about what happened until your attorney arrives. If you call 911, do not say "I shot someone".
    Instead, say "there has been a shooting" and give the address and your name.
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  3. #3 Re: Gun law attorney discussion 
    Super Member HowardCohodas's Avatar
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    The "Never Talk to the Police" lectures by a lawyer and police officer.

    http://elsiepeaforum.com/forum/index.php?topic=378.0
    Howard
    I carry a gun because I can't carry a cop!
    Politically Incorrect Self Defense
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  5. #4 Re: Gun law attorney discussion 
    Sr. Member DesertPunisher425's Avatar
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    Quote Originally Posted by SandraKaye
    In another thread, it was mentioned that if you happen to discharge your weapon in a defensive situation, that you need to 'Call your attorney and tell the police nothing until your attorney is present'. With this in mind, I now carry the business card of a gun law attorney. I have slipped it right in behind my CPL. Any thoughts on this? Why is it that when a person asks for their attorney, the LEOs seem to perceive them as automatically guilty of some infraction because they 'attorney up'? Is this just a tv or movie perception? Has this happened to anyone?
    We carry a weapon because we can't carry a cop so I also carry the attorneys card because I can't carry the attorney.
    The Washington Arms Collectors association that I belong to provides it's members with the listing of local gun law attorneys.

    This is my choice. Take a look at my attorneys qualifications and then ask yourself if your regular attorney is the right one for you.

    http://www.rainierlaw.com/CM/Custom/TOCFirearms-Law.asp

    OK...Yes, it's Sunday and the Seahawks are down 3-0 and it's really snowing so what else can I do but to generate some discussion...

    SK

    I think the entertainment industry portrays ELO's a little inaccurately. No one makes a judgement that you're guilty because you're getting an attorney. In all actuality the LEO usually makes a judgement on the likelihood of your guilt rather quick; your look, attitude, demeanor, way of dress, body movements... Everything about you goes into an initial determination toward likeness of guilt (call it increased or decreased suspicion). Situations obviously vary; in a traffic stop, they usually have you stopped for something minor and are making judgements as to if there may be something more they can make from the stop (weapons charges, drug charges, warrants); requesting a lawyer immediately will usually make him think you're either paranoid, or depending on the assessment he's already made, promote him to dig harder for better charges. Questioning for a crime; no matter if you are a suspect or not, you're somehow connected to a serious event and they realize getting a lawyer only indicates that you're fairly smart.

    But, I do want to note that while I've not seen someone per-say "talk their way out of a ticket", I have MANY times witnessed someone not receive a ticket when they could have gotten one. There are many reasons why, but what they all have in common is being polite, not lieing and having no history of offenses. I have, many times seen people talk their way into a ticket though... or even talk their way into a search, which resulted in an arrest.

    But, as has been said many times; when interacting with an LEO, admit to nothing, but be kind, polite and respectful and NEVER lie ("do you know how fast you were going?" "I'm not really sure officer"). Give them all of your basic information (name, address, phone number, DOB-age), a contact number to a family member if needed... if you have an attorney on retainer, might not hurt to give them that information so they know to expect him when he comes to see you.
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  6. #5 Re: Gun law attorney discussion 
    Jr. Member Match10's Avatar
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    Quote Originally Posted by DesertPunisher425
    ...NEVER lie ("do you know how fast you were going?" ....
    Me: Yessir.

    Officer: Well?

    Me: Don't YOU!??
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  7. #6 Re: Gun law attorney discussion 
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    Sandrakaye this is a very sound idea--several years ago a good friend of mine--high up in LEO told me that EVEN in a defensive shooting expect to go to jail (99% of the time), at least until the situation is figured out, this is to protect you and the responding LEOs--just pray you do not go into general population until your attorney can get out of there

    After the fact call the police place your weapon where it can be seen, off your body, keep your hands in clear sight and say nothing but your name, let that attorney talk for you

    Remember pistols are for defense, try to get out of the situation by all possible means but keep the thugs at a distance IF possible, but use force do not become a victim!
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  8. #7 Re: Gun law attorney discussion 
    Sr. Member DesertPunisher425's Avatar
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    Quote Originally Posted by Richard X
    Sandrakaye this is a very sound idea--several years ago a good friend of mine--high up in LEO told me that EVEN in a defensive shooting expect to go to jail (99% of the time), at least until the situation is figured out, this is to protect you and the responding LEOs--just pray you do not go into general population until your attorney can get out of there

    After the fact call the police place your weapon where it can be seen, off your body, keep your hands in clear sight and say nothing but your name, let that attorney talk for you

    Remember pistols are for defense, try to get out of the situation by all possible means but keep the thugs at a distance IF possible, but use force do not become a victim!
    Placing the weapon off your body and/or where it can be seen is not advisable. This means the pistol is no longer under your control. There could be various by-standers, curious people, friends of whoever you just fired on. Allowing that weapon to no longer be under your control is perhaps the worst thing you could do with it. RETURN the weapon to it's holster and cover it back up. When officers arrive on scene, keep your hands and arms extended down and out at approx a 45 degree angle (NEVER put your hands up without being told to do so; this indicates guilt), palms toward the officers and immediately (as in before they even have a chance to say anything) inform them you are carrying and where the pistol is on your body. Do not make any motions toward it, do not lift your clothing to expose it. If the officer asks you to show them or remove it from it's holster, kindly and calmly state "sir, to ensure the safety of all parties involved and prevent someone from interpreting the situation for hostile action, could you please disarm me yourself?" If he tells you again to do it yourself, follow instructions exactly as they are given. The way it will likely happen is, they will instruct you to put your hands on your head with your fingers interlocked, then turn around with your back to the officer(s) and slowly walk backwards following their instruction. At a certain point, they will tell you to drop down to your knees. They will then come up and handcuff you, one hand at a time, behind your back with your palms facing out. They will then search you and in the process, disarm you.

    Do not touch the attacker's weapon. Slide it away from the attacker with your foot if he is still alive. Otherwise, keep some distance between you and the scene.

    Again, the reason you keep your pistol on you is to ensure you have positive control over your weapon, the reason you keep it covered is so by-standers will only see the attacker's weapon; one weapon, laying next to a body says "I got killed attacking someone". Add another weapon in there, in your vicinity, anyone coming up on the situation will think "they had a shoot out; must both be bad guys" and they will report that to the 911 operator. Police are very proficient at safely disarming people, and if you identified yourself to the operator (see below), the officers arriving on scene will be well prepared for you.

    Operator: 911, do you have an emergency?
    You: Yes sir/ma'am, my name is John Doe and there has been a self defense shooting, send the police and an ambulance.
    Operator: What is your location?
    You: Corner of 5th and Main, I am 5'9", 43yrs old, bald, Caucasian, average build, wearing blue jeans and a long sleeve button down white shirt with thin blue stripes, I will stay in the area and await the arrival of emergency personnel.

    It is now your choice to either answer no more questions and hang up, or answer no more questions and stay on the line. Either way, do not answer anymore questions (exception to this is if they ask you to repeat your location or physical description). Remember that the conversation is being recorded, and remember that when the officers arrive, you need to have your hands as described before; not with a phone (unknown device to the officers) to your ear. So if you stay on the line, once you hear the sirens or see the lights, hang up, set your phone down and position yourself as previously stated.

    Do not admit you were involved in the shooting... for that matter, don't admit to anything, other than giving your personal information, keep your mouth shut and wait for an attorney.
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  9. #8 Re: Gun law attorney discussion 
    Super Member kraigster414's Avatar
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    IMHO this thread should be a sticky. Thanks to those who contributed. Everyone should read.
    rugerjay likes this.
    "Life is too short to smoke cheap cigars."
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  10. #9 Re: Gun law attorney discussion 
    Jr. Member LittleLiver's Avatar
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    SK, thats a great idea, I'm gonna do just that, look up a local attorney that can help me in that type situation and get his card. DP425 not much to say, but that is some very sound advice. Thx
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  11. #10 Re: Gun law attorney discussion 
    Jr. Member BigBen66's Avatar
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    Thanks for the info,Rules everyone should go by.

    BigBen
    You can't fix STUPID !!
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