Expert: Dick Rogers - 6/1/2007

Question
Jack, I am a CCW holder in the State of Florida. My question is; what would be proper procedure for a CCW carrier to follow with law enforcement, at the scene, in the event justified force was used against a perpetrator where death or injury was a result? My concerns are the respondents using excessive force upon an armed citizen who used justified deadly force. Should the citizen remove the weapon from his/her person before law enforcement arrives on scene?

Answer
John, some states have relatively relaxed CCW laws.  So, what I say isn't always the case, but I can address proper procedure when a situation develops such as what you described.  The threat of deadly force can arise with civilians as well as law enforcement and basically the same rules apply.  There must be a clear and present danger to the life of the citizen or those around him/her.  These elements must be satisfactorily described immediately following the event.  As with a law enforcement officer, the citizen's description of what occurred will be evaluated by the district attorney as to whether the situation falls under the justification elements.  When law enforcement arrives, the citizen must clearly indicate that he/she is in possession of a weapon and hold it in a non-threatening manner so law enforcement personnel can take custody of it (the same basic procedures apply to officers who are off duty).  Nothing should ever be done with the scene except to remove any life endangering situations.  I should add that every effort should be made to keep witnesses at hand for the responding deputies.  If they refuse to wait, it would be a good idea to record license numbers so officers can contact them later.  Hope this is what you are looking for.