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Gunthorp

Permit Badge and Identification

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Holster Selection  -   Permit ID and Badge

 

Some states require you to identify yourself as a permit holder as soon as you interact with law enforcement.  The Minnesota handgun carry permit requires the holder to present the laminated permit as well as a governmental photo ID, i.e. Drivers License, if and when asked by law enforcement.  The MN officer may ask you to sign your name to verify your identity.  Make sure your ID and Permit Card are easily accessible without flashing your weapon when you retrieve them.  Although the Minnesota law doesn't specify the means of carry, we recommend that concealed carry be preferred, for the public, and for your safety as well.  By its very nature, when properly done, concealed carry will not upset other citizens or motivate a bad guy to try to steal your weapon.  I personally feel a badge is unnecessary and may be objectionable to authorities.  For a host of reasons, this is not recommended.  In fact, most seasoned private investigators only carry a photo ID and their license card.  They feel that a badge will only scare away information, make them the object of criminal hatred and revenge, or land them in jail for impersonating a law enforcement officer.

Please be polite and professional and don't expose your gun, period, especially to an attacker who will first disarm you.  The arrival of  police after a firearms incident can be tense until they have identified the good guys.  Any calls made to 911 should describe who you are, what you look like, and what you will be doing.  If your weapon can be holstered when they arrive just keep calm,  and with both empty hands visible, immediately follow their instructions to the letter, moving slowly.  Anything in you hand, cell phone or ID or spare magazine, could be mistaken for a weapon.  Never reach into your pocket.  Verbalize you are the victim, he is the perpetrator, you have a permit to carry, and the location of your weapon.  Don't say anything else.  If police arrive while you are holding your gun, for example pointed at a suspect, maintain concentration on the suspect, do not look at the police, hold your other empty hand high, fingers spread, clearly visible, and follow their instructions to the letter if they haven't already started shooting at you.  Better yet, avoid interjecting yourself into any situation which could escalate to the use of deadly force.  There have been many cases in which a helpful permit holder or off duty police officer has been shot and killed by uniformed police who believed the good Samaritan was an accomplice of the bad guy.

 Just as important as identifying your target, you need to identify yourself to law enforcement the instant they see you holding a gun, if not sooner.  During a routine traffic stop, acknowledge your intention to stop, find a safe place to stop in a well lit area so you can assure the safety of and positively identify the officer.  Turn your dome light on.  Do not leave your vehicle or make any sudden movements, but keep both hands on the steering wheel with your driver's license, proof of insurance and registration if required, and carry permit if you are carrying.  Stay calm, polite, and cooperative. Smile and make eye contact with the officer so he knows you are communicating.  If you are carrying, let the officer know where your weapon is located before he, she, or a partner gets a glimpse of a gun anywhere in the car.  Don't use the word "gun."  Let the officer decide how and where the rest of the interview should proceed according to his or her comfort level.  Otherwise, their training could make things extremely uncomfortable for you.

If you call in an emergency, stay in communication with the dispatch.  Let them know who you are, where you are, and what you look like, and where everybody else is.  In your home's safe room, you might have a spare set of keys to toss out the window so the police won't have to break your door in.  Don't appear at the window with a gun.  It's probably better to let the police dog do the searching.  Imagine what might happen if you hear a noise in the night at home, call 911, and are sneaking around the house with a gun in your hand as police arrive.

Wouldn't this look great next to your Hi-Point?  It'll be exhibit "A" at your court appearance.

If you absolutely, positively have to have one of these, I'll send it with a leather badge holder as your free gift when you make a donation to gunthorp.com of $100 or more.

 

 

 *****  Lawyer UP  *****

Click above to see a list of local lawyers for Duluth and MN

 

 

John Farnum on talking to the police

21 June 07

Sage advice from criminal defense attorneys with whom I work:

When I am asked by lawyers to provide them with expert consultation in shooting cases, I always make it a point to ask several, general questions about strategies for gun owners/carriers.  This advice I, in turn, pass on to my students:

The most dangerous and damaging single thing one can do in the wake of a lethal confrontation,  the one act that fatally damages most claims of legitimate self-defense?    Answering questions asked by police investigators, at the scene, without first insisting on having your attorney present.

Even seemingly innocent-sounding statements like, "I didn't mean to....",  "It was an accident.....",  "This is terrible....",  and  "I can't believe I did that...." are, in fact, monstrously  incriminating. Attorneys tell me that the strongest part of the  prosecutor's case is almost always directly founded upon indiscreet statements  made, at the scene, by the accused, to police.

On the other hand, saying nothing to police carries risks also.  When those on one side of the incident talk freely to the police, and those on the other side say nothing,  talkers automatically go into the "victim" column on the investigator's notebook, while the silent go into the "perpetrator" column.  Those assigned distinctions tend to be permanent and will color the investigation from that point forward.

The best compromise is to have your well-rehearsed tape loops ready to go.  Tape loops need to be emphatic and unmistakable, but neither rude nor insulting:  "Officers, I want to cooperate, but I want my attorney here first" , "I'll be happy to answer all your questions just as soon as my attorney  is here."

At that point, police are obligated to stop questioning you.  However, they may say something to you like, "You can go the 'lawyer-route' if you want, but it won't do you any good.", "You better start answering questions now, while you still have the chance.", "All we want to do is just clear this up.",  "You'll feel much better after you talk with us." or, "We only have a few questions, strictly routine..."

What they are trying to do is persuade you to definitively rescind your demand that you have a lawyer to represent you during questioning.  Once you say, "Okay, I'll talk with you," they will assume, correctly, that you've changed your mind and no longer want a lawyer.  Don't do it! Continue to remind investigators that you still want a lawyer and continue to politely decline to answer questions.

So, when first confronting arriving police officers, (1) assume a non-threatening posture, with both palms turned outward and clearly visible.  Make sure no guns or other weapons are visible.  (2) Get into the "victim" column" right away with, "Officers, thank God you're here!"  Then (3) identify yourself by saying, "I'm the one who called." VCAs don't call the police very often!

When asked what happened, say: "That man tried to murder us," pointing in the direction of the perpetrator.  Then comes (4) "I'll be happy to answer all your questions just as soon as my attorney is here."

Beyond that, shut your mouth.  Don't sign anything and don't "consent" to anything.  If arrested, submit peacefully and without comment.   When asked if you understand your rights, say "No."  When asked what you don't understand, say, "I don't understand any of it."

Tape loops need to be practiced every time we go to the range.  None of the foregoing may seem important, until the unthinkable happens.  Then, I promise you, the nightmare will begin, made all that much worse when you don't know your lines!

The best system to use it this:

When you are a witness and nothing more, answer questions posed by police, but don't volunteer information, particularly about yourself, and don't answer questions that weren't asked.  The moment you become a "suspect," politely indicate you want to talk with your lawyer and then immediately stop answering questions, ending the conversation completely.

When asked, "are you okay," and you believe you are, always answer, "I don't know."  Never say you are okay, even when you have no reason to think you are anything else.

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From John Farnum:

More sage legal advice, from a well-known trial-lawyer and student:

"One is well-advised to quickly and discretely retreat in the face of dangerous threats, assuming retreat can be accomplished in relative safety.  There are many practical advantages to extracting oneself from threatening situations.  One is that no court has ever sent anyone to prison for retreating!

From the standpoint of defending, in criminal court, the actions of my client, putting forth the tedious argument that he was legally entitled to majestically defend his position with gunfire, never giving an inch, is far from  my favorite approach.  I've been in this business a long time, and I promise you that wearisome, hair-splitting pedants do not successful trial-lawyers make!

However, even when some sort of 'retreat' is required by law, but doing so will likely get you killed or seriously injured, then you're just going to have to deal with the situation as best you can, worrying about legal ramifications later.  No law, anywhere that I know of, requires one to retreat, when doing so puts him, and/or other innocent parties, in peril.

My best advice:

(1) Adopt a personal lifestyle that deliberately avoids dangerous places and situations
(2) Be alert and aware
(3) Exit potentially threatening circumstances early on, when you can
(4) Shoot (with precision), when you have no choice
(5) Stop shooting when threats are clearly abrogated
(6) Stay alert and get to a place of relative safety
(7) Call police at your first practical opportunity
(8) When police arrive, tell them just enough so that they understand whom you are and what role you played
(9) Otherwise, politely insist that your lawyer be personally present before answering questions, and thereafter
(10) Exercise your right to remain silent."

Comment: In addition, understand that whatever you do, chose not to do, or fail to do, it won't be perfect!  Everyone, from media commentators, to investigators, to judges, to lawyers, to plaintiff's experts will wearisomely point out where, and how, you could have done it better.

And, to one degree or another, they'll be right!

Fortunately, the law doesn't require you to be perfect.  The law only requires you to be "reasonable," whatever that means!

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The NRA offers legal fee insurance in a criminal defense for reasonable rates.  Select a good trial lawyer specializing in the laws of self-defense who will be available to take your call, perhaps at night.  Here is another resource that may help.

Armed Citizens Legal Defense Network

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Some tape loop suggestions:

"I can't HELP you , SIR!" (sir gives you control)

"Leave me alone, PLEASE!" (please sounds like police)

"Stay away, SIR.  Keep your distance, PLEASE!"

"SIR, keep your HANDS OUT!"

"Don't make me defend myself, PLEASE!"

"Don't make me shoot you." (put the burden on them)

"Somebody call the POLICE!" (even if you have a cell phone and call yourself)

"Everybody stay where you are until the police get here." (witnesses)

"I was in fear of my life, I just wanted to stop the attack and I'm too shook up to give any statements without my lawyer present."

"Officer, I'm the one who called, thank G0D you are here...he dropped a knife over that way and you want to talk to the guy in the red leather mini skirt & high heels because he saw the whole thing, and I don't feel comfortable saying more till I talk to an attorney..."
 

Here are some other discussions and thoughts about handling a post shoot situation.

A Card In My Wallet

http://www.defensivecarry.com/vbulle...76-post34.html

Dont' talk to cops - even if you are innocent - this is a must see.video..

Sage Advice/Never talk to the police :MERGED

Question for the Attorneys/Cops
 

Flex your rights.  Use them or lose them.

 

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Holster Selection  -   Permit ID and Badge

 

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