Thanks to Jim Moore for the idea on this article and for the transcription below. First let me state the disclaimer; the laws on CCW vary from state to state, so this is not to be viewed as legal advice. Use it as part of the information you gather to guide how you will respond if you are ever approached by a police officer while you are legally carrying a firearm.
Many of us have our CCW (Carry Concealed Weapon) permit (or whatever your state calls them) and many more might choose to in the future. This topic is important because there have been citizens who were legally carrying who had encounters with police end very badly. One example happened at a Costo in July 2010 that left the CCW carrying citizen dead. I have read a few different takes on the encounter and I will just say that it could have and should have ended differently.
In the CCW class you were probably told what to do if you are ever approached by law enforcement while carrying your firearm. Some of the instructors are better than others or, for some of us, it has been a few years since we have reviewed this information. Think of this article as a refresher. There are really only two times you’ll have to deal with law enforcement while carrying a firearm; when things are normal and your firearm has not been drawn from its holster, and after you have had to use it to defend yourself.
Normal Times
When you’re approached by law enforcement while carrying a firearm, there are two components that will determine how it will go; your demeanor and the officers’ demeanor. You can determine your demeanor and how you respond to the officers. Remember the reason you carry a handgun is for self-defense, not to make political statements. Once police approach you, you should not get into a confrontation about your Second Amendment rights. They know the law and it is their job to make sure you are legally carrying that firearm. If you are following their directions, chances are you’ll be on your way soon. Not following their instructions could land you in a jail cell or, worse, in a box.
Here are a couple great videos that offer some different approaches to interacting with law enforcement while you’re carrying.
This first video is of Massad Ayoob, one of the great firearms and self-defense instructors. In it, he is explaining the correct way of telling law enforcement that you are licensed and carrying a firearm when you have been pulled over. Much of this would transfer out of the vehicle to any time you encounter law enforcement while carrying.
Here is a video from The Best Defense, which airs on the Outdoor Channel. In it there are three scenarios where someone with a CCW has their weapon spotted and how they deal with the civilians and with law enforcement.
Here is another video from The Best Defense on open carrying and interacting with law enforcement.
Again, remember the reason you are carrying in the first place is for self-defense, not to make political statements. Remember the goal of law enforcement is to go home every night. As long as you’re compliant and not putting your hand near your firearm, you will, most likely, be on your way in no time.
I have heard a few stories where a police officer who was not in favor of citizens having a CCW went too far, but those are far and few between. If you run into one of them, you should still be compliant during the encounter and file a formal complaint afterward, just make sure to get his name discreetly. Going home safely should be your goal as well and escalating into an argument, as I mentioned earlier, could end up with you in a jail cell or in a box.
Post Shooting Interaction with Law Enforcement
Praise God I have never had to use my firearm for self-defense. I know enough about shooting aftermath to know it is a good idea to know what you will say now. What you say and do after a shooting could land you in jail, even if you were fully justified in your actions.
Here is another video from open carrying, showing a bad, mediocre and good example of how to respond to law enforcement after a shooting.
Their final approach is pretty solid; being compliant and giving enough information to show you were the victim.
Here is another example given by Massad Ayoob.
Jim Moore (Thanks again Jim!) also transcribed the following, which aired on an episode of Personal Defense TV from the Sportsman’s Channel. This text is the transcription from Massad Ayoob on that show.
“You’ll hear a lot of people tell you don’t tell anything to the police after you have used force in self defense” I can’t recommend going that far. Certainly in the immediate aftermath of the near death experience that led you to draw your weapon, you’re going to be under the influence of physio-psychological phenomena such as tunnel vision which will alter your ability to perceive distances and sizes, tachypsychia, the sense that things are going in a slow motion, that will make it almost impossible for you realistically estimate how long the encounter took. And for reasons like that you never want to go into detail at the scene. Professionals recommend 22 to 48 hours before that’s done.
At the same time I honestly think there are things that need to be established immediately at the scene. The criminal justice system was predicated on the assumption that whoever got hurt was the victim and whoever hurt them was the perpetrator. Well, you have just caused this guy to have a sudden and acute failure in the victim selection process and the perpetrator is laying on the ground in a puddle of blood doing a very convincing imitation of a victim, you’re standing there with a bloody knife or the smoking gun, you look a whole lot like the perpetrator and if don’t say anything you’re going to find yourself typecast. It’s critical that from the begging it be established who was the victim and who was the perpetrator.
And for many years now we’ve had good success with the five point check list.
First point; explain the active dynamic (what actually led to the shooting). The active dynamic is not ‘I shot him,’ the active dynamic is whatever caused you to shoot him, ‘this man attacked my spouse,’ ‘this man was dragging my child out the back of a blacked out van,’ explain the active dynamic.
Second; confirm the situation that you are the victim complainant and that thing laying on the ground looking like a victim is actually the perpetrator.
Third; offer to sign the complaint and I would offer simply those words ‘officer I offer to sign the complaint.’ It’s critical that you point any evidence you are aware of, evidence tends to disappear from crime scenes, it gets overlooked, it gets moved in the hub-bub of the emergency personnel who are responding, a spent shell casing that may have fallen here now actually accidentally gets lodged in someone’s boot and winds up dislodged over here and it changes the dimensions of the scene.
Fourth; point out the witnesses before they decide they don’t want to get involved and disappears and now with them disappears the testimony that would have proven your innocence.
Fifth and final point; I would personally answer any further questions at the scene with “officer, you’ll have my full cooperation after I’ve spoken with an attorney.
Final thoughts:
I hope and pray that none of us ever has to be in this situation, but please take some time to think about how you will respond to law enforcement in both of these situations. During a training session with a retired SWAT instructor, he said that it is standard for an officer to be sequestered for 48 hours after a shooting. They do not speak to anyone without their representative present. If a law enforcement officer is involved in a shooting they have many things in their favor, things the average citizen does not. Having a plan for what to say and possibly the name and number of a seasoned attorney who understands your states’ CCW laws might be a good idea.
There is also insurance coverage available from a few different providers. I have only looked in to one, which was provided by USCCA. I decided not to get it, as money is an issue but I might get it at some point. They had a free trial membership that I signed up for. They deliver a high quality magazine and have some other nice benefits. I’m not making an endorsement, but thought some of you would be interested in getting more information.
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