Guys, let’s discuss this
My first impression was the trial turned into tomato/to-mah-to but it’s more than that.
John Correia shares on Facebook
Here’s another reason I have moved away from teaching Jeff Cooper’s four rules of safe firearms handling, even though I respect Col. Cooper immensely:
Recently heard a prosecutor ask a defendant on the witness stand who said he had been trained in the military in firearms if he followed the rules of safety. He said he did.
So then the prosecutor asked if that included the rule “Never point a firearm at anything you do not intend to destroy.”
“That’s correct.”
“And you pointed your firearm at the decedent?”
“Yes.”
“So you intended to destroy him?”
“Well, no. I just wanted him to stop.”
“But you said you follow the rule that you never point at gun at anything you don’t intend to destroy. That’s how you were trained, right? So did you intend to destroy the decedent, or do you not follow the rules of firearms safety?”
This is why I strongly prefer “Always keep firearms pointed in the direction of least consequence,” and why we teach that articulation at ASP. Because it’s much better in a legal sense and a practical sense too. Because when someone is an immediate threat of death or great bodily injury, the safest direction to point the firearm, the direction of least consequence, is at the deadly threat.
- Always keep firearms pointed in the direction of least consequence.
- Always keep trigger finger high and in register until you decide to fire.
- Always keep firearms unloaded until in use.
Three simple, positive commands that are easily defensible in court.
ETA: Some people are saying the error here is testifying in your case. IN A SELF DEFENSE CASE IT IS ALMOST 100% CERTAIN THAT YOU WILL HAVE TO TESTIFY. The defense must establish that you felt the subjective fear of death or great bodily harm. Nobody can do that but you in almost any scenario other than you were on the phone with 911 when it happened or something like that, which is highly rare. You WILL have to testify in your trial if your claim is that you were justified to use deadly force to stop a deadly threat. This is reality. I have taken enough cases as an expert witness to say this is the way of things, so being upset about it is a non-starter.