Court Question

[Pokey]

Hey guys, I have a question....

This past weekend I took the HCP class and have a question about the "system". On one of the video's I watched the lawyers stated that if you shoot someone in self defense and your cleared of criminal court then you can rest assured that you'll have a civil suit against you. My question is if you've been cleared by the criminal judge "and jury" then how would there be anything else to be sued over?

[KahrMan]

Ask OJ:D

[strickj]

In TN you can not be sued if shooting is just(don't mean they wont try)

Let me try and find the correct wording

[strickj]

39-11-622. Justification for use of force — Exceptions — Immunity from civil liability. —

(a) (1) A person who uses force as permitted in §§ 39-11-611 — 39-11-614 or § 29-34-201, is justified in using such force and is immune from civil liability for the use of such force, unless:

(A) The person against whom force was used is a law enforcement officer, as defined in § 39-11-106 who:

(i) Was acting in the performance of the officer's official duties; and

(ii) Identified the officer in accordance with any applicable law; or

(iii) The person using force knew or reasonably should have known that the person was a law enforcement officer; or

( The force used by the person resulted in property damage to or the death or injury of an innocent bystander or other person against whom the force used was not justified.

( The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by a person in defense of any civil action brought against the person based upon the person's use of force, if the court finds that the defendant was justified in using such force pursuant to §§ 39-11-611 — 39-11-614 or § 29-34-201.

[Acts 2007, ch. 210, § 3.]

You can read what 39-11-611,-614,and -201 are about here: http://michie.lexisnexis.com/tennessee/lpext.dll?f=templates&fn=main-h.htm&cp==

Durn,Im getin good at this

[Pokey]

ohhh....u guys are awesome!!! THANKS!!!!!!!!!!

[Fallguy]

strickj was able to post it before me.....

From what some of the HCP instructors on here have said, the state hasn't updated the tape shown in class for a long time. Is the part about not being able to carry where alocohol is just sold still in there? That has changed too.

Of course you can be sued by anybody for anything at anytime, but if no criminal charges are filed there is a decent chance that it be ruled justified and you would prevail. ..and considering that the other person would not only lose, but would be out money to pay your lawyer and other expenses incurred by you, hopefully that would be enough to keep them from filing a suit unless your actione were truly questionable.

[Mike.357]

planning on shooting someone Pokey?

Best that they not be around to testify against you bud.

Who did'ja take the class from? I am nosey.

PM me with it if you do not want to say here.

what pistol did you take it with?

[Pokey]

Is the part about not being able to carry where alocohol is just sold still in there? That has changed too.

yes that's still in there as well...

Edited February 27, 2008 by Fallguy

[Pokey]

planning on shooting someone Pokey?

Best that they not be around to testify against you bud.

Who did'ja take the class from? I am nosey.

PM me with it if you do not want to say here.

what pistol did you take it with?

I took the class from Carl Culbertson in Rutledge. I used my Browning Buckmark .22

Awesome class!! I came out of there with some good info, but I really hate the fact of people suing others for "farting" and this was the only thing that really was bothering me since I left the classroom...

[strickj]

Use that link I posted to look up gun laws and such.Its a good resource for info.I hate to say bad stuff about the hcp class,but I put full trust in my reading,not someones word

[Mike.357]

Did you get printed yet? Gotta start the mailbox watch you know LOL

Still liking that Buckmark I see, alright!! Thought maybe you would take it with the Kimber.

Glad you got the class in anyway.

[Guest Boomhower]

Thought maybe you would take it with the Kimber.

He's to cheap for that....

[Pokey]

He's to cheap for that....

Mike, I have to say Boom is right here...I really really love the Kimber but I was to cheap to use it Saturday....

I have not been to the DMV yet but plan on going in a few days...I can't wait for the countdown!!!

[Guest CrazyLincoln]

I took the class recently as well. The lawyers in the video state that if you carry on to an illegally posted sign, that you can be tried under the "intent to go armed" statute, however, it was my understanding that the permit negates that statute (the handgun part anyway) and you could only be arrested for trespassing if you did not leave when asked.

[DaveTN]

If you are cleared in criminal court you are okay. But most justified shootings never see a criminal court. The States Attorney may simply decide not to file charges.

So as I read the statue you can still be sued.

If the civil court then rules that the shooting was justified they can award you a judgment for “attorney's fees, court costs, compensation for loss of income, and all expenses incurred by a person in defenseâ€.

As many know a “Judgment†doesn’t mean that you will ever get paid.

The statute is a good idea; it just isn’t the “You can’t be sued†that some think it is.

[Fallguy]

Dave said it very well...

....and he is right about the "judgement". I had something stolen nealry 5 years ago, crooks caught, ordered to pay restitution, I've never seen a dime.

But I would hope that the person who sued you would have to pay any compensation to you before he even pays his lawyer (not sure if the judge would have to order it that way or not). If so then to me any decent lawyer wouldn't take a frivilous case knowing he may never get paid himself.

[Guest canynracer]

And when all else fails, and you just aren't sure, or it just dont make any damn sense...seek Fallguy...finder of laws

[molonlabetn]

The videos which are shown in the HCP class are woefully obsolete and innaccurate... It would honestly be better to not show them at all, than the intructor have to spend an hour to correct half of the content (if they bother to, I like to think that most do).

[Guest canynracer]

but then the class would only be 7 hours!!! LMFAO

[Fallguy]

And when all else fails, and you just aren't sure, or it just dont make any damn sense...seek Fallguy...finder of laws

Yep....I'll tell you something, even if I have to make it up...lol

J/K

Maybe we need to make a new video for the state and just give it to them....anyone have any A/V experience?...

[strickj]

Yep....I'll tell you something, even if I have to make it up...lol

J/K

Maybe we need to make a new video for the state and just give it to them....anyone have any A/V experience?...

This one time at A/V camp,I made a.....umm nevermind

[Im Neero]

I've never seen this video that you guys talk about. Does the state specify that you have to show the video in question, or does is just state that have to show a video. At Rangemaster where I took my course we watched a video that was made at Rangemaster.

[molonlabetn]

I've never seen this video that you guys talk about. Does the state specify that you have to show the video in question, or does is just state that have to show a video. At Rangemaster where I took my course we watched a video that was made at Rangemaster.

http://www.tennessee.gov/sos/rules/1340/1340-02/1340-02-03.pdf

1340-2-3-.05 HANDGUN SAFETY COURSE REQUIREMENTS.

...

...

(3) Handgun Safety Schools shall utilize the instructional outline and video tapes provided by the

Department.

...

...

Making their own tapes might qualify as a 'no-no'.

[Im Neero]

Go figure. Maybe they got them approved somehow?

[molonlabetn]

Go figure. Maybe they got them approved somehow?

It's possible, but I would expect that unless significant content from the TNDoS's tape was included, that is not likely.