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What Should I Do If I Ever Need To Use My Gun In Self-Defense

Michigan Coalition For Responsible Gun Owners

Michigan - -(Ammoland.com)- A: You should first be certain that the threat is removed before you lower your guard.

Then, call 911 and say that there has been a shooting. Describe the immediate need for ambulance and police (and fire department if applicable).

Tell the 911 operator where you are, how many people are wounded etc. Do not have your gun in your hand when police arrive unless you absolutely must hold someone at gun point.

In either case, make sure that you describe yourself and your clothing. Fight the urge to start telling your story and stick to the relevant facts that the emergency responders need to do their jobs. Even if an individual was attacking you only moments before, once the threat is removed, you should do the responsible thing and promptly call 911 so that aid can be rendered. Remember that your goal is not to kill, but to protect yourself or others from a credible threat of death, great bodily harm that could lead to death, or rape.

If you effectively use your firearm, the death of the attacker(s) will probably be the result and a homicide investigation will be undertaken.

If possible, call 911 as the situation develops and create an audio record of any warnings that you give to your assailants such as “I have a gun, leave here now!” or words to that effect.

Since the expansion of the Castle Doctrine in Michigan, it is now far less likely that you will be arrested as a matter of routine. Whether you are arrested or not, there will be questions from police, whose job it is to determine what happened. Not surprisingly, I recommend that you exercise your 5th Amendment right to remain silent and also invoke your right to have counsel present during any questioning. You should answer basic questions asked in the interests of safety such as “Where is he?” “Where is the gun?” “What is your name?” “Are you hit?” etc., but I do not recommend that you discuss details until you’ve had a chance to reflect and calm down.

Even if you are not arrested, your gun and other items will probably be taken into custody as evidence. Eventually, your property will be returned to you. It should go without saying, but: do not, under any circumstances, tamper with evidence, or attempt to “stage” the scene in any way. As you are no doubt aware, any such efforts will probably be discovered and are likely to lead to disturbing questions about the legitimacy of any claims of self-defense. See the Printable Self-Defense Guideline Card below.

If you are arrested, continue to exercise your right to remain silent until you have an opportunity to consult with a lawyer. I, personally, have family and very good friends who are law enforcement officers. I believe that most police officers are good people with tons of common sense. However, their role is not to be your advocate in these situations. Make sure that you have someone in your corner before engaging professionals in very serious conversations that could determine your future.

This information is provided by The Law Offices of Steven W. Dulan, PLC (www.stevenwdulan.com) This answer is intended as general information and should not be relied upon as legal advice for any specific situation or case. The facts of each case vary and you should consult an attorney whenever you have specific questions.

About:
The Michigan Coalition for Responsible Gun Owners is a non-profit, non-partisan organization. Formed from just eight people in 1996, we now have thousands of members and numerous affiliated clubs across the state. We’re growing larger and more effective every day.

Our mission statement is: “Promoting safe use and ownership of firearms through education, litigation, and legislation” Visit: www.mcrgo.org

Filed under: Gun Rights News by Ammoland 2 Comments »

Are Hollow-Point Bullets Illegal For Personal Defense

Michigan Coalition For Responsible Gun Owners

Michigan --(Ammoland.com)- Q: Are hollow-point bullets illegal for personal defense? What about laser sighting devices?

A: There is no statutory restriction on the type of ammo that you can carry in your personal defense weapon. Nor is there any prohibition on sighting devices. There may be some potential concerns about jury perception if you ever have to use your gun in self-defense and find yourself facing charges. (This is much less likely to occur at this point in history than prior to the enactment of Public Act 311 of 2006 [MCL 780.951] which created presumptions that deadly force is appropriate in certain situations and also created qualified immunity to those who use force in legitimate self defense.)

There have been examples of prosecutors focusing on the hardware used by defendants. They try to overcome the self-defense argument by painting a picture of the armed citizen as blood-thirsty. In one particular case in another state, the defendant used a certain brand of hollow-point ammo that came in a box featuring a picture of a hawk or eagle talon. It appears that the tactic was successful and contributed to the conviction of an armed citizen who argued that he fired to save his life. I’m told that the particular brand of ammo in question has changed it’s name and packaging.

Are Hollow-Point Bullets Illegal For Personal Defense

Many law-enforcement agencies use hollow-point ammunition. There are some famous brands that are well-known as “good guy” ammo, and a prosecutor would have a hard time making the case that one who carries the same ammo in his or her personal defense weapon is being unreasonable. In my opinion, there is no reason not to carry effective personal defense ammunition.

The same is true of laser sights in my opinion. The technology is mature, widely available, and considered effective by tactical experts. From a legal standpoint, the key is to make sure that any use of force is justified by necessity and that you control your weapon. Insofar as a laser helps with control, it seems to me that it is more likely to help a self-defense shooter avoid liability than create perception issues in the event of a jury trial.

I have personally recommended hollow-point ammo and laser sights to family and friends, and will continue to do so.

On a related topic: I have run across examples of engraving on guns, and more than one tattoo, that might lead to extra challenges for a defense attorney. For example, engraving “Widowmaker” on your personal defense gun, or “Make my day” on your arm is certainly bound to give any jury member the impression that you are something less than a responsible citizen who hopes to never face the necessity of shooting in self defense.

This information is provided by The Law Offices of Steven W. Dulan, PLC (www.stevenwdulan.com) This answer is intended as general information and should not be relied upon as legal advice for any specific situation or case. The facts of each case vary and you should consult an attorney whenever you have specific questions.

Did you Know? In the 4 years (1997-2000) prior to Michigan becoming “shall-issue”, reported incidents of crime averaged 4,509 per 100,000 people per year. In the 4 years after, (2002-2005), reported incidents of crime in Michigan fell 17% to an average of 3,717.

About:
The Michigan Coalition for Responsible Gun Owners is a non-profit, non-partisan organization. Formed from just eight people in 1996, we now have thousands of members and numerous affiliated clubs across the state. We’re growing larger and more effective every day.

Our mission statement is: “Promoting safe use and ownership of firearms through education, litigation, and legislation” Visit: www.mcrgo.org

Filed under: Gun Rights News by Ammoland 2 Comments »