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Old 01-28-2013, 7:34 PM
Dvrjon Dvrjon is online now
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Quote:
Originally Posted by Ninety View Post
Don't the police usually "empty their mag" When they fire? Why would a civilian who does the same thing need to worry about reckless endangerment?
"Don't police empty their mag..."? Not in California. We have environmental laws prohibiting excessive lead in the air.

Even in New York City, two officers recently fired only 16 rounds to stop a gunman...9 of the 16 hit bystanders. When stopping a knife-wielder in August, they fired only 12 times. They had hi-cap mags and could have emptied them.....but I digress.

"Why would a civilian who does the same thing need to worry about reckless endangerment?"

If a law enforcement officer is involved in a shooting, the shooting will be reviewed for line-of-duty and in-policy determination. Usually, they are found acceptable; if not, they can be turned over to the DA for prosecution.

When the survivors of the shot individuals sue for wrongful death or violation of civil rights, the law enforcement officer is then covered and indemnified by the agency. This means lawyers and judgement payments come from the agency, not the individual.

If you, as John Q. Public, caps somebody on your CCW, you are on your own.

First, the local police investigate to determine if your shooting was within policy and "justified". They either arrest you or let you walk. Then the DA of the jurisdiction can review the case and leave it alone or have you arrested and prosecuted. If you empty the mag and spray the locals, you can be tagged with reckless endangerment and a bunch of other stuff. All defense is on your dime.

If the local cops and DA let you walk, then the survivors can sue in civil court for "wrongful death". (Can you spell "O.J."?). This is also on your dime. Any findings and penalty assessments (they can't send you to jail) will be decided by a jury of your peers. At this point, it is probably important to be able to show restraint in your use of deadly force. Emptying the mag should be a tort attorney's best friend. But the really BFF is emptying an evil, high-capacity, BANNED magazine, which is no longer available for purchase in this state! (Please, no diatribes about the fairness of the law. It exists and attorneys will use it.)

Oh, and why are you on your own?

Section 4 of the Standard Application you signed says, in pertinent part:

"The licensee is responsible for all liability for, injury to, or death of any
person, or damage to any property which may result through any act or
omission of either the licensee or the agency that issued the license.
In the event any claim, suit, or action is brought against the agency that
issued the license, its chief officer or any of its employees, by reason of,
or in connection with any such act or omission, the licensee shall defend,
indemnify, and hold harmless the agency that issued the license, its chief
officer or any of its employees from such claim, suit, or action."


So. You are alone out there. Worse, you will be alone when you come back.

From a non-attorney who is not dispensing legal advice, I believe it is your right to carry whatever is legal. I also believe it is in your best interests to carry only those things which are readily available to your peers (members of the jury) and to use them sparingly and judiciously "in the defense of yourself and your family."

Cheers.