Navigating Legal Minefields of Self Defense
- A seminar taught by a lawyer familiar with self defense, firearms and their dangers, both legal and real.
- $10 + buy your own meal & drinks
- April 18, 2016
- 5:30pm to 8pm
Class will be in a restaurant meeting room in the town of Jackson. Location provided upon registration.
About the seminar
Minefield; def. an area planted with explosive mines; figuratively, a subject or situation presenting unseen hazards.
NOTHING SAID IN THIS CLASS IS LEGAL ADVICE AND A LAWYER/CLIENT RELATIONSHIP SHALL NOT EXIST
Areas Where CCW Holder May Not Carry in Wyoming
- S. § 6-8-104(t)(i) – (xi), Page 16 of your notebook
Prohibited Use of Weapon (Wyoming)
- Threatening another person with a drawn weapon, § 6-2-502(a)(iii) – Felony
- Reckless Endangering, § 6-2-504(b) — Misdemeanor
- Carrying While Intoxicated, § 6-8-104(a), at least if carrying in reliance on § 6-8-104(a)(iv).
Defense of Property
- Physical force to eject trespasser to real property
- Physical force to prevent theft of personal property
- Deadly force justified? When?
Defense of Self in the Home
- New Statute
Defense of Self Away From Home
- Affirmative Defense
- Reasonable actual Fear of Death or SBI
- Defense of self or another person
- May be a duty to retreat
- Prevent specific violent crimes
- Initial aggressor
- Mutual combat
- Provoking the attack
Lawful of Use of Deadly Force
- Ability, Opportunity, Jeopardy Analysis
- Not the actual law anywhere
Avoidance of Violent Encounters
- Don’t be where they occur
- Armed citizens are polite
- Armed citizens are good observers
- Keep moving when a stranger approaches
- Look them in the eye (unless it’s a grizzly)
- Escalation of force principles
- Learn Cooper’s Principles of Personal Defense
- Herbert W. McBride (1873-1933)
Management of Violent Encounters
- Tunnel Vision
- Time Dilation
- Auditory Exclusion
- Gun Handling
Aftermath of a Violent Encounter
- Elation – you survived
- Revulsion, remorse, self doubt
- Mark of Cain syndrome
Interacting With the Police After a Violent Encounter.
- What to do with the gun you have just used to stop an attacker
- To speak or not to speak
- Critical incident amnesia
- Adrenaline intoxication
- Memory recovery
- Confusion of time and distance details
- Any mistake causes police to think you are lying
- You must explain what is not obvious, and this is a minefield
- Preserve evidence
- Point out witnesses
- Emilio Plana, October, 2001, Miami, Florida
Interacting With the Court System
- Finding a lawyer – not the one who does your will
- Incompetent lawyer – Incompetent defense – Bad Minefield
- Imperfect self defense case results in manslaughter conviction
- Need for an expert witness
- Hollow point ammo
- “Too big of a gun”
- Hair trigger – revolver problem
- Too many shots fired
- Self defense or “accidental” shooting?
- Prosecutors responsibility is to do justice, not just convict
- Incentives are to get convictions, not justice.
- No career advancement for doing justice, only for getting convictions
- Possible Consequences of a Violent Encounter
- Criminal prosecution
- Civil Suit – The guy you shot may have been a scumbag, even to his own family, but if he’s dead it’s safe for them to love him again, especially if there’s money in it.
- Confiscation of guns
- Shunned by friends and family
- You may not be arrested or charged with a crime
- You can still be a defendant in a civil suit
- Increase the personal liability coverage on your homeowners insurance to the maximum
- Buy an umbrella liability policy
The following excerpt is from, A Rifleman Went To War, The Classic Account of Practical Marksmanship On The Battlefield of WW I, by H.W. McBride:
[During the summer of 1893 McBride, at the age of 20, worked as a cow puncher in Southern Colorado and Northern New Mexico. He was much impressed with the sort of men he met in that part of the country, and gives this account:]
All of these men had grown up in the West and had lived through the various “wars” and ructions which flared up every now and then, all the way from Texas to the Black Hills. They all bore the scars of combat but the very fact that they had survived was, to my notion, the best evidence that they were good. Those were the days of the survival of the fittest, especially in the case of men who, like all those mentioned, had occupied positions as legal guardians of the peace, all along the border.
From these men I learned many things, the most important of which was the point which they all insisted was absolutely vital: the ability to control one’s own nerves and passions – in other words, never to get excited.
I had the opportunity to see a couple of them in action during some disturbances which came up during the Fourth of July celebration and never will forget that, while armed, they never even made a motion toward a gun: they simply walked up to the belligerent and half drunken “bad men” and disarmed them and then walked them off to the calabozo to cool off. Yes, I learned a lot from those men. That they could shoot, both quickly and accurately, but the thing that enabled them to live to a ripe middle age was not so much due to that accomplishment as to the fact that they were abundantly supplied with that commodity commonly called “guts.” That was the point, above all others, that impressed me and remained with me after I had returned to the East; and, ever since, I have tried to live up to the standard of those pioneers of the shooting game.
Navigating Legal Minefields of Self Defense