Why You Need To Keep Your Mouth Shut After a Defensive Gun Use
Last updated: April 25, 2026 · Originally published: February 8, 2018
So, you were attacked and you shot someone to defend yourself. Fair enough. But what happens after that? Will you automatically be let off scot-free if you tell the police everything you can think of to say the minute they arrive? Also, will you be in full control of your faculties when talking to the police?
Well, the answer to these queries is “maybe, but quite possibly not.” Here’s why.
First, You’ll Be a Wreck
The media—both news and entertainment—does a very poor job of depicting what it’s actually like to have to shoot someone in self-defense. For the vast majority of people, it’s tremendously emotional and upsetting all on its own. Add in the tremendous adrenaline response and its aftermath, and chances are very good that you’ll be an emotional wreck for quite some time afterwards. This is not a great time to be answering questions that could affect you for the rest of your life.
Second, Your Perceptions Will Be Off
That adrenaline response we mentioned above can and does alter your perception of the passage of time, any physical damage you may have sustained, other things that were going on at the time, and so on. It’s called “tachy psyche,” and it happens to trained professionals as well as civilians. For example, some defensive shooters don’t realize that their gun actually fired every time they pulled the trigger since the adrenaline kept them from feeling the recoil or hearing the report. This can result in the shooter emptying out his or her magazine without realizing it.
Third, The Burden Of Proof Will Be On You
If you kill someone while defending yourself against a criminal attack, that’s called “justifiable homicide.” What makes it different from any other situation is that you’re admitting right out of the gate that you committed homicide—you’re just saying that you had a legally defensible reason to do it. This shifts the burden of proof from the state—where it normally is—to you.
Fourth, Your Words Will Be Used Against You
Although police procedural TV shows have a lot to answer for in terms of promoting misperceptions of defensive gun use, they do get one thing right: “Anything you say can and will be used against you in a court of law.” This includes things you say that you don’t really mean because you’re upset (“He had it coming”), things you say that aren’t accurate because you genuinely don’t know better thanks to tachy psyche (“I only fired twice, not all seven rounds”), and things you probably shouldn’t say with a mouth you also use to kiss your mom (“@#!%^!”).
Finally, Who You Should Talk To First
So what’s the takeaway for you, the law-abiding citizen? If, God forbid, you ever have to use your gun to defend yourself, first call the police. Then call your attorney. When the police arrive, be polite and let them know that you will cooperate with them, but that you’re very upset and would like to calm down and confer with your lawyer before you do so.
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From a criminal defense attorney here: Things you need to realize in an active shooter situation where you defensively draw or use your weapon:
1. The police don’t know you and will treat you as the shooter until proven otherwise. If you are safe when the police arrive, relinquish your weapon and prepare to be detained at least briefly and your weapon confiscated until the police can sort matters out.
2. The police are not there to give you a citation for bravery. They are there to determine facts and charge people with criminal activity if the facts bear out. You are a suspect at all times, no matter what they say.
3. Do NOT get in their face or demand things from the police. Let the system work and understand that regardless of your subjective beliefs, they still have a job to do and they will do it, with or through you.
4. If you do not have a conceal permit, you can be charged with a felony for possession of a concealed deadly weapon, regardless of how right you were in your defense. Check your state laws. When in doubt, make sure the police know, ONLY THROUGH COUNSEL, that you were open carrying in states that have open carry laws in place. Let the police prove otherwise.
5. Which leads us to this: Never, ever, ever make statements to the police or others at the scene about the underlying facts UNTIL you’ve consulted with counsel, and only make statements with counsel present thereafter. If the police at the scene are insistent, ask them if you are “under arrest” or “being detained” in any manner. If they say yes, they must read your your rights, including the right to counsel under Miranda and it’s progeny. If they say no you are not under arrest or being detained, then leave your contact information and vamoose! Make no statements and go get counsel ASAP! If they detain or arrest you, follow your rights as read to you and call counsel ASAP! Say nothing, because once detained/arrested and Mirandized, statements may be used against you in court. Don’t think you can outsmart the police, and don’t be your own attorney, even if you are one.
Stay safe and practice weapon safety at all times! -Brian Halloran
The best thing to do “nowadays” in a self defense situation, is to disappear immediately after the incident. When you know you’re in the right, why stick around to have a “jerk department” to try to prove you otherwise?! We live in too much of a “Running Man” type of society today so be happy with your instant justice and move on.
I hope you are kidding. Leaving the scene automatically throws the blame on you! You become a murder suspect!
I use US Law Shield. I will have an attorney present within an hour or so. I will tell them I am a victim, I want my attorney present before speaking to them. Period!
As soon as practical I will file a lawsuit against the perp, or his estate, for violating my rights… beat them to the punch.
Choosing one’s words slowly and wisely is excellent advice. Things speed up after a shooting. Your nerve synapses are firing off like never before, because of the natural “fight or flight syndrome” which takes place.
So, let’s say all is looking good from a law enforcement perspective. You feel fully justified. The officers may be giving subtle signals that your shooting was valid.
But WAIT! Not so Fast BUCKO!
There’s another potential court system todesl with, and that is CIVIL COURT. The person you just shot and killed with a three round burst to the torso, just happens to have a wife and six kids. His wife has cancer, and he tried to rob the bank to get money gor his wife’s cancer drugs. While all the extreneous details “should” not factor into this situation at all, you can be sure there are 50 sheister lawyerd more than happy to take this as a contingency case. The lawyer, Mr. Sleazebag, gets paid out of whatever settlement he can get from you, your insurance, the courts, etc.
Remember, it takes much less burden of proof to win a civil court case than criminal court. So, while you may be clear legally, you can still lose your shorts and your dog in a civil case. Especially one with a lot of drama of personal loss and family crisis created by the shooting, no matter whose fault.
Good advice George! All you have to do is look at the O.J. Simpson case to see what he is talking about!
As wrote previously, I joined USCCA, EXCELLENT gun owners EDUCATION ,, TRAINING .& Self-Defense Insurance There are Gold,, PLATINUM & Elite., I could afford the “GOLD” – but I’ll try to increase to the PLATINUM. I have info they sent with steps to follow. I strongly “SUGGEST” people at least check into their product. Good Luck – Stay Safe
All that has been said is right on!! One more thing I would like to add here… once the threat or threats are diminished …purps weapon is down away from purp… render aid until medical team arrives. Proven to go far in the aftermath when questioned.
I believe better with conceal.
Anyone with a concealed license should know their rights.
would I be better off with a conceal carry or without.
It depends… What if you and your kids are in a theater and a jackass with a grudge comes in the door with a weapon? I personally would do my dead-level best to try to neutralize the threat! Try that with a pen knife or a pocket comb…
Good advice at all makes sense
Agree keep your mouth shut
BUT you are still inocent until proven guilty.
I disagree with abel horn. In fact, you are considered Guilty until you prove you are innocent in a court of law!
Negative ghost rider. You may be a ‘person of interest’, or a ‘suspect’ but in accordance with the 14th amendment to the Constitution of the United States, and with Article 11 of the United Nations Universal Declaration of Human Rights you are innocent until proven guilty in a court of law. Whereas the burden of proof is NOT on the defendant, but rather on the prosecution. If you remember the term that they must ‘prove you guilty’. This doesn’t mean, that they will not use your words against you, or the like, but the burden is NEVER on you to prove you didn’t do something. I’m not saying that you won’t have to have work to do to prove the prosecutions wrong, but your still not guilty. This also doesn’t count for the court of public opinion or what tricks the police may/may not use.
Technically true, but it may not help you—I have seen a lot of travesties of justice in my lifetime, where people lost their savings, their homes, and families. It really depends on who the DA or ADA is in the jurisdiction where this happened.
It’s a mistake to assume that just because of our Constitution that the burden of proof belongs to the prosecutor. Check with a lawyer in your state or at least read the criminal law. In some places the “shooter” has an affirmative defense. In other words, you are guilty until proven not guilty when a firearm is used. I’m not a lawyer, but as a retired police officer I believe that I know a little about criminal law.
Thank you. Excellent information. I am a retired police officer and even though you might think the responding officers are your “brother” or “sister” they have a job to do regardless of you being a retired comrad. I agree wholeheartedly with your polite, but necessary response. Keep your response to the recommendation of your attorney. Additionally, get insurance for just sauce an event ! It is so important.
Excellent advise ..things I never thought of…..thanks….Darrell
Ty..this makes perfect sense..never really thought about this before.
I read on a TOP Self Defense site, POLICE “Always” are REMOVED FROM the immediate scene to…”unwind/calm down.” ANYONE involved in taking a mans life, WILL suffer gave physical and or mental effects. ALWAYS ask to be checked out…ALWAYS. I bought the VERY RECOMMENDED USCCA ( Personal Protection ) a insurance for LEGAL GUN OWNERS.
My self defense instructor suggests that you should tell the police,,” Officer, I am more than willing to talk to you about what happened but right now my heart is racing, I feel short of breath, I have just had a major adrenalin dump and I think I need medical help. Can we please discuss this later at the hospital or tomorrow where ever you want? “