Two common questions come up when a gun is fired and someone is shot: what happens if a concealed carry permit holder shoots someone, and what happens after an accidental shooting. Greg McCollum explains that a shooting triggers a police investigation, and that the decisions made during that investigation are very important. In both situations, getting legal advice matters.
Frequently Asked Questions
What if I shoot someone with my concealed and carry permit gun?
This is becoming more and more relevant, and more and more we see this: more and more people are carrying weapons, more and more laws are being passed to allow it, more and more people are legally armed.
The problem comes when someone feels the need to discharge the gun, or shoot someone, or shoot at somebody. That is going to trigger a police investigation. If the individual dies as a result of it, that’s going to trigger a murder investigation. The police are going to come and question you. If you’ve been injured and are in the hospital, they’re going to come to the hospital.
If you’re at the scene, they’re going to arrest you, they’re going to detain you, they’re going to question you. It’s going to take a while to figure out what is going to happen to you. If you’re in a situation like that, the best course of action is to ask for a lawyer. If you ask for a lawyer, then the police cannot question you until you have access to a lawyer.
If it’s during the day, you should be able to reach out pretty quickly. If it’s at night, it’s probably going to be the next morning before you’re actually talking to a lawyer. The police may let you go, they may hold you. This is a very important situation, obviously.
We’ve seen situations where a concealed carry permit holder was arrested and charged. We’ve also seen situations where they weren’t. You need to work on that in the very beginning, because the decisions you make early can determine what happens to you and whether you’re facing a murder charge or not, or whether you’re exonerated under some kind of stand-your-ground law.
So, it’s very important to get that legal advice.
What do I do if I accidentally shoot someone?
What happens if you’ve accidentally shot someone? It depends on a lot of different factors. If you have a concealed carry permit, that’s a factor that helps you but doesn’t conclusively answer the question of what happened. An accidental shooting is not a crime.
An intentional shooting may or may not be a crime. With an intentional shooting, you could have factors such as stand your ground, self-defense, defense of others. But a shooting is going to trigger an investigation. The police are going to treat it probably as either a shooting or attempted murder type of thing, or as a murder if the individual died. So that’s something that’s as serious as it can be.
You cannot be in a more serious legal situation. The decisions that you make in that investigation are very important. It could change your entire life and what happens to you. It’s very important that you have legal advice if you’re in that situation.
Certainly, if someone is injured, obviously you’re going to call 911 and report it, call an ambulance, help that person get to the hospital, do anything you can to help save that person’s life. But also know that as soon as you do that, the police are coming, and you’re going to need some legal advice.
Why Greg McCollum Complete Legal Defense Team
Greg McCollum brings roughly 30 years of experience to criminal defense in South Carolina, and he is a former prosecutor. That background gives the Greg McCollum Complete Legal Defense Team a working understanding of how these cases are investigated and charged, which can help you make informed decisions early on.
If you have questions about a shooting involving a firearm, call the Greg McCollum Complete Legal Defense Team at (843) 626-5480. Consultations are confidential.