Attorney’s Book Outlines Aftermath Issues
An Interview with James Fleming
Interview by Gila Hayes
When armed citizens get into discussions about using force in self defense, it often exposes the depth of misunderstanding common to laypersons that cannot help but base expectations on popular culture and entertainment. Predictably, unpleasant revelations await one sucked into the maelstrom of the criminal justice system. Understanding how attorneys and the legal system work goes far to prevent disastrous surprises.
We recently asked Network Advisory Board member James B. Fleming, a trial attorney of more than 30 years experience, and a former law enforcement investigator, to identify common misunderstandings. What, we asked, are key problem areas? His answers are detailed and full of colorful illustrations, so we switch now to Q & A format to retain the flavor of the interview.
eJournal: Jim, I’m aware that you’ve just finished writing a book, Aftermath: Lessons in Self-Defense. That makes it a good time to ask you about what armed citizens should expect to encounter in the criminal justice system after using force in self defense. You’ve told me repeatedly that a number of nasty surprises await the unprepared, so perhaps today we could demystify the top three or four. Where should we start?
Fleming: First, the idea that you are going to have a conversation with the police and that everything is going to be OK could not be more inaccurate.
eJournal: OK, so to start with interaction with police. We’re programmed to expect the Miranda warning but also to expect responding officers to ask what happened. How do those two realities work together and what are the pitfalls?
by Marty Hayes, J.D.
As I start this month’s message, I am sitting at Gate H15 at Chicago’s O’Hare International Airport, waiting to board a flight home after attending the 2015 Rangemaster Tactical Conference at the superb Memphis Police Academy with Network VP Vincent Shuck. I must admit that I attend the conference for purely selfish reasons, as by doing so, I usually get a full re-charge on the old enthusiasm batteries. This year was no exception and I am pretty excited about the future of the Network after speaking to so many of our serious members here at the conference.
Vice President’s Message
by Vincent Shuck
Each year about this time I offer a suggestion for Network members and others reading this eJournal to meet us at the ensuing NRA Annual Meeting and Exhibits. The 2015 NRA meeting will be held at the Music City Convention Center in downtown Nashville, TN on April 10 to 12.
With over 550 exhibitors, including the Network, you can spend your time in the exhibit hall exploring the products from every major firearm company in the country, book the hunt of a lifetime in the outfitter section, and view priceless collections of firearms in the gun collector area.
Attorney Question of the Month
The question we asked our Network Affiliated Attorneys this month came from a member who wanted more information from state law to determine if pointing a firearm without shooting is considered use of deadly force in the various states. Wanting more than just a “yes” or “no” response, we asked our Affiliated Attorneys the following—
What is the law in your state regarding defensive display of a firearm?
If the gun is not fired, is simply pointing it at an assailant considered deadly force in your state?
What are common charges stemming from pointing a gun at another and what are the defenses for the armed citizen who does so to ward off imminent attack?
Gun Safety in the HomeAuthor: Massad Ayoob
128 pages, paperback, illustrated
Published by Gun Digest
$11.83 at http://www.gundigeststore.com/gun-safety-in-the-home-group?lid=CGgdar020614
Reviewed by Gila Hayes
Last spring at the NRA Convention, the Network’s booth hosted book signings for our friend and Advisory Board member Massad Ayoob, among several other authors. The book Ayoob signed was Gun Safety In the Home, graciously provided by the publisher, Gun Digest Books.
News from Our Affiliates
Compiled by Gila Hayes
The Network sees a lot of new members from southern California, and with Orange County granting carry permits to qualified private citizens, long-time police firearms instructor Greg Block was perfectly positioned to make sure the new permit applicants got good training. He teaches a weekly CCW class, in addition to offering a very full selection of beginning, intermediate and advanced pistol, carbine and shotgun classes plus classes in situational tactics, low light shooting, stress-inoculation and scenarios. Students who come to him for the CCW class are just getting started; he can help them fill out other vital defense skill areas, too.
Post-Ferguson Interactions With Law Enforcement
by Mike Wood
This past November and December, as most of America was busily preparing for the holidays, our nation’s law enforcement officers were hastily preparing to combat large scale urban riots, surging mob violence, and deadly ambush attacks. To them, the season was not a time of Thanksgiving, Peace and Joy, and Goodwill Towards Man.
In the wake of the politically-charged shooting of Michael Brown (a strong-arm robber who assaulted a police officer and tried to kill him with his own gun) many parts of urban America erupted into chaos. Encouraged by race-baiting opportunists, scoundrel politicians, radicals and the media, large crowds of angry people were whipped up into an anti-cop frenzy and officer injuries mounted as the mobs were incited to riot, arson, loot and commit acts of violence against police officers.