This was mentioned in another thread (thanks Dustoff for reminding me of this), and having spoken with several other instructors, this appears to be one area that there is some disagreement on. What are your thoughts on how to handle the situation after an encounter? Do you clam up, or offer whatever information the police request, or something in between?

If you are an instructor, do you suggest anything different to your students then what you would do (I’m guessing not, but you never know). It would also be interesting to hear lawyers and or police opinions on this.

Having spoken to quite a few instructors and students I have heard very compelling arguments from both sides of the debate. I tend towards a more conservative train of thought. Call your lawyer at the first opportunity, be respectful and explain that you were in fear of your life, and don’t offer anything else until you have spoken with your lawyer.

Something I haven’t done in the past but may adopt (and suggest to my students) is a card similar in style to a "script" card.

From all that I have read, you say "I was in fear for my life. I want to speak to my lawyer" That's it. I might add something like " Don't scratch that up, I'm going to want it back"

Massad Ayoob's advice is to say (paraphrased) "That person assaulted me. Those people over there are witnesses (if any). I will sign the complaint. Now, because of my emotional state, I will gladly give a statement in 24 hours, once I've collected myself and spoken with my attorney". And then that's the last your mouth opens until you see your attorney. Don't try to be helpful, Ayoob lists several cases where innocent statements have been twisted around to the detriment of the permit holder.

If you want the ultimate, definitive answer to this question, read Joel's book "Everything You Need to Know about (Legally) Carrying a Handgun in Minnesota." A large percentage of the book is devoted to exactly that issue. I think it should be required reading!

TomK
Mpls, MN

It depends on whether you fired any shots...

if you can remember four things, Ayoob says:

* I was in fear for my life
* The evidence is over there
* I will sign a complaint
* I need to talk to my lawyer before saying anything else.

If you can remember two things, Joel says:

* I need to speak to my lawyer
* I do not consent to any search

If you can remember only one thing, I say:

* Lawyer!

"Officer, can I change my pants? I've pissed myself!"

Isn't it a policy to "arrest the gun" in most cities?

Yes and no. It's done a whole lot, but of the well-documented permit holder DGU cases that we've had in Minnesota, it hasn't happened yet.

Some people think that's because there's a fair amount of scrutiny on governmental agencies that might try to use that policy. While memories can differ -- or be made to differ -- there's a fair amount of writing at many governmental levels that would be entirely discoverable should this issue ever come to trial.