If you have to fire your gun in self-defense and police arrive, the most critical step is to remain calm, keep your hands visible, and say as little as possible (keep your mouth shut).
If possible have someone call 911 for you, if not possible then you call 911. Notice that as soon as 911 is triggered on a phone the recording starts even before a 911 operator answers.
You should immediately inform officers that:
“I have been a victim of a crime, and that you were attacked and acted in self-defense, then state that you will cooperate fully after speaking with your attorney.”
Following these steps is vital because any statements you make while stressed and your adrenaline is high could be misconstrued and used against you later.
Before officers arrive
Stop the threat and secure your firearm. Once the threat is over, secure your gun in a safe location, if you can do so without creating a risk of misunderstanding for responding officers.
Have someone Call 911 for you if possible. Report the incident immediately. Keep your statement brief and factual. A good example is,
“I was just attacked and had to defend myself. Shots were fired. Please send police and an ambulance to [your location”.
Ensure your hands are visible.
Place your hands where officers can see them, such as on your head or out to your sides.
Identify yourself and location. Inform the 911 dispatcher of your name, what you are wearing, and where you will be when officers arrive.
When officers arrive
Comply with all instructions. Officers will not know who the “good guy” is and will treat you as a potential threat. Do exactly as they say, even if it means being handcuffed.
State that you acted in self-defense. Calmly say, “I was attacked and had to defend myself because I was in fear for my life.” This establishes your position as the victim without providing a full narrative.
Point out evidence and witnesses. If it is safe to do so, direct officers to any evidence (like the attacker’s weapon) or witnesses by pointing, not by walking over to any of them.
Invoke your right to remain silent and request a lawyer. State clearly,
“I will cooperate fully, but I need to speak with my attorney first. I am invoking my right to remain silent”. After this, do not answer any further questions, no matter how friendly or harmless they seem.
Seek medical attention. Tell the officers that you would like to be medically evaluated. This is important as you may have injuries you aren’t aware of due to the adrenaline rush.
What to avoid saying
Do not go into detail. Do not offer a lengthy explanation, fill out any forms, or provide a recorded statement at the scene. Your memory will likely be incomplete or inaccurate due to stress.
Do not say you “shot” or “killed” someone. This could be misconstrued and damage your legal defense. Keep your statement limited to saying you were attacked and had to defend yourself.
Do not say anything to paramedics.
Anything you say to emergency medical personnel can be used by prosecutors.
Important considerations
Seek legal counsel immediately. You can, and may, be taken into custody while the incident is investigated. Having an attorney with experience in self-defense cases is crucial. Consider getting a prepaid legal service if you carry a firearm.
What to say to your Legal council on the phone: I have been involved in a self defense shooting, I need an attorney, here is my location…. here is my emergency contact name and phone number.
A defensive shooting has financial consequences. Even if you are cleared of criminal charges, you may face expensive legal bills and a civil lawsuit from the attacker’s family.
What to say at your trial: