LA Homeowner Gets CCW Permit Revoked After Defending His Home and Family
March 9, 2024
A homeowner defended his family from armed intruders only to have his concealed carry weapon (CCW) permit revoked shortly after. Criminal defense attorneys Marc. J Victor and Andrew C. Marcantel explore how speaking to the media or making statements can cause complications, even if it is justified self-defense.
Footage Overview
The footage captured a homeowner attempting to enter his house when an armed, masked man suddenly approaches from behind. The homeowner drops his coffee mug and quickly draws his firearm. The intruder immediately flees, and a second masked individual emerges, revealing that the homeowner is facing a group of intruders. The homeowner chases them, firing at the fleeing suspects. At one point, one of the armed intruders turns and returns fire.
“First blush looks like a great use of a firearm. This guy is clearly not the aggressor.”
– Attorney Victor
Legal Analysis
The attorneys agree that the homeowner is not the aggressor and is reacting to a direct and immediate threat to his home and family. His preparedness and swift response are seen as reasonable under the circumstances.
However, the incident becomes more complicated when the homeowner continues to fire his weapon while the intruders flee. While the initial use of force appears entirely justified, the justification becomes less clear once the attacker retreats. In the eyes of the law, a fleeing suspect typically signals the end of an immediate threat, and pursuing or firing upon them can shift the legal classification of the homeowner from defender to aggressor.
“It gets just a tad more tricky because he makes the initial defense right, and it looks like these guys are retreating. At that point the threat is ended.”
– Attorney Victor
California’s Duty to Retreat:
California’s “duty to retreat” law further complicates matters. While the “castle doctrine” might protect someone defending their home, once the engagement moves outside or away from the threshold, legal protections can become weaker. Another angle of the video shows one of the intruders firing back while fleeing, suggesting the threat was not entirely neutralized. The attorneys caution that firing into public areas or pursuing threats can expose a defender to serious legal consequences, regardless of the context.
Significance of Carrying Outside the Home:
The attorneys emphasize the significance of the homeowner being armed outside his home. This used to be illegal. However, the recent Supreme Court decision in New York State Rifle & Pistol Association v. Bruen clarified that the Second Amendment protects the right to carry firearms outside one’s residence.
The Revocation of the Permit
Days after the incident, the homeowner’s CCW permit was suspended by law enforcement, reportedly the LAPD. The homeowner had initially sought anonymity but later went public, claiming the revocation was retaliatory. Allegedly, he had been “rude” or confrontational with police officers. Law enforcement denied these claims, asserting that the revocation was procedural, not punitive, and that the homeowner was given steps to reinstate the permit.
The Importance of Staying Silent After Self-Defense:
The attorneys express skepticism about the homeowner’s public accusations. They stress the importance of staying silent during ongoing investigations. Public statements can be used against a defendant and may complicate what would otherwise be a straightforward legal case. Appearances on podcasts, interviews, or even social media posts can become evidence in a criminal trial.
“Even when it looks like a good shoot, if you’re out there just talking to the public about it… one statement slips out… you’re generating evidence that they can use against you.”
– Attorney Marcantel
The homeowner’s criticism of authorities may jeopardize his chances of reinstating his CCW permit. The attorneys emphasize that, if you are involved in a shooting, let your lawyer speak for you.
Politics and Prosecution in LA
The attorneys advise that gun owners must be aware of where they are located. The case raises a troubling reality for law-abiding citizens: even if you act within the law, you could still face criminal charges.
The attorneys emphasize that the best defense does not end with the last shot; it continues with careful legal strategy, silence, and a clear understanding of both rights and responsibilities. Though the homeowner might have crossed the legal line by pursuing the intruders, both attorneys make it clear they would defend him.
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