So You Used Your Firearm?

5 Things Every Gun Owner Must Know

Today we will briefly cover 5 things every Georgia gun owner needs to know. For even more free information don’t forget to check out my 3 Reasons to Drop Weapons Charges.

Number One: Miranda Rights

Many people want to explain what happened to the police after a firearm offense- do not do this. You have a 5th Amendment Constitutional right to remain silent. The justice system dictates that invoking your right to remain silent cannot be used against you. Remaining silent is not a reason to be arrested or to be charged with a crime. Indeed, at a jury trial, the fact that a defendant exercised his or her right to remain silent at the scene is not generally admissible. Even at a trial, if a defendant exercises his or her right not to testify, the jury is instructed not to hold this fact against the defendant. In short, there is no downside to simply remaining silent.

If you are either under arrest or being interrogated the police officer is required to read you your Miranda rights:

1. You have the right to remain silent;
2. Anything you say will be used against you in court;
3. You have the right to an attorney; and
4. If you can’t afford an attorney, one will be provided to you for free.

You have the right to remain silent – use it.

Number Two: Understanding Self-Defense In Georgia

Generally speaking, in order to justify using your gun in an act of Self Defense you will need to convince the jury that the action was “reasonable” as opposed to “unreasonable.” What makes this distinction tricky is that different states have already predetermined the definition of reasonable use of a weapon and unreasonable use of a weapon and these definitions vary from state to state. This is why it’s important to be familiar with the gun laws of your state! For example, in Georgia you are allowed to use your weapon if you reasonably believe that force is necessary to protect yourself and that if you don’t use such force you will face bodily harm or death. You are NOT justified to use your weapon if the jury believes deadly force was not necessary or if you’re the initial aggressor or if you’re in the act of committing a felony at the time. Know the laws in advance – when in doubt, do not use your weapon!

Number Three: Lawyers Don’t Argue About The Law, They Argue About The Facts

Lawyers usually don’t argue about the law- they argue about the facts. Make no mistake, innocent people sometimes get convicted in our justice system, and this is why it’s almost always preferable not to use your firearm! The defendant who uses his firearm will have the least credibility while the supposed “victim” will have the most credibility, next to the police officer. To be safe from prosecution, the evidence collected (physical evidence, circumstantial evidence, witness testimony, etc.) of what actually occurred must be made clear to the prosecutor, the jury, and the police officer. Unfortunately, the victim of a shooting will usually have a drastically different version of facts from the accused, and the prosecutor will use this against you.

Whenever you are about to pull out your firearm, always ask yourself if a jury of strangers would view your actions as “reasonable” and consider that there will likely be several different versions of the facts that emerge in court. You will need a skilled criminal defense attorney to protect your freedom.

Number Four: Mandatory Minimum Sentences In Georgia

In Georgia, all crimes involving the discharge, use or threatening exhibition of a firearm are mandatory prison offenses for those who are found guilty, and this is why it’s so common for the defendant to accept a plea bargain rather than risk losing a jury trial and receiving a harsh prison sentence. The plea bargain will result in a lesser punishment and guarantee that you will avoid the risk of losing at trial. Indeed, many people who maintain innocence opt for the plea bargain as the “safer” route. Again, I ALWAYS advise being extremely careful about using your firearm in the first place in order to avoid these consequences entirely.

Number Five: Think First!

The fact is that if you decide to pull out your firearm, you will certainly be prosecuted for a serious felony gun crime. Even if you’re truly innocent, you will still need to convince a jury of strangers that your self defense was “reasonable,” and you will almost certainly have to confront multiple versions of the facts in court. This is why I advise all gun owners to be very cautious about using their weapon.

Think first. If, of course, your life is truly in imminent danger and the use of your firearm is the only option available to you to preserve your life, by all means use your weapon. But think first.

Call the Law Office of Lloyd J. Matthews today at (404) 642-7350 if you’re facing firearm charges!