who would be at fault

[dakota port]

this was a better example stating a similar scenario by another user and his was easier to understand

"Another scenario, neighbors call police to report a break in across the street. The homeowner is present and has his gun and is in the process of clearing his house when the police arrive. They are outdoor of a glass French door and they see the homeowner with a gun and tac light clearing his house, they yell for him to disarm, wait 1 second and shoot through the glass door. Is it still the homeowners fault? " - Lazarus

the homeowner is not prosecuted for the original reason of the call the cops received
who would be at fault?

this is a hypothetical situation, any event that happen like this in real life have no connection to this question

 

[Retread]

OC, CC, or in a case or holster. Why does he feel the need to check it in the open? Doesn't he know if his gun is loaded? Amateurish?

 

[dakota port]

OC, CC, or in a case or holster. Why does he feel the need to check it in the open? Doesn't he know if his gun is loaded? Amateurish?

the individual would be in his own garage, with a iwb holster, my only thought would be that they were being extra careful making sure the hammer is down.

 

[RiverBend]

what retread said, shouldn't be carrying without knowing guns hot/cold condition.
And the Cop would get off since he didn't know it was a false call, seeing a gun is reason to draw his, the time between the yell & shot should be a little longer if the pistol is pointed away or at the ground.

 

[Lazarus]

Police is at fault, but he probably wouldn't face any charges. If I was the attorney for the individual I would bring up distance from cop to guy, fact that a screen door obstructed the view of the cop and thus not giving him clear identification of said weapon that he shouldn't have fired. If the man was a child with a toy gun then what? Cop shouldn't have been so fast to shoot.

The actions of the individual has no bearing in this case. He is in his home with a legal handgun. Theres no law that says you can't handle your gun in your house, dry fire practice, house clearing practice, etc.

Another scenario, neighbors call police to report a break in across the street. The homeowner is present and has his gun and is in the process of clearing his house when the police arrive. They are outdoor of a glass French door and they see the homeowner with a gun and tac light clearing his house, they yell for him to disarm, wait 1 second and shoot through the glass door. Is it still the homeowners fault?

 

[AirOpsMgr]

Where were you shot and how are you recovering??

by the way, who called the law on ya and what did ya do???

 

[z3]

Police is at fault, but he probably wouldn't face any charges. If I was the attorney for the individual I would bring up distance from cop to guy, fact that a screen door obstructed the view of the cop and thus not giving him clear identification of said weapon that he shouldn't have fired. If the man was a child with a toy gun then what? Cop shouldn't have been so fast to shoot.

The actions of the individual has no bearing in this case. He is in his home with a legal handgun. Theres no law that says you can't handle your gun in your house, dry fire practice, house clearing practice, etc.

Another scenario, neighbors call police to report a break in across the street. The homeowner is present and has his gun and is in the process of clearing his house when the police arrive. They are outdoor of a glass French door and they see the homeowner with a gun and tac light clearing his house, they yell for him to disarm, wait 1 second and shoot through the glass door. Is it still the homeowners fault?

I have one something like this....

Lets say the police no knock warrant the wrong house in the middle of the night. In the confusion the homeowner manages to drop 2 of them with his hunting rifle before he is shot and injured not killed. What happens to the home owner?

 

[Retread]

Where were you shot and how are you recovering??

by the way, who called the law on ya and what did ya do???

Yup!
-OR-
Kid's ask the darnedest questions.

 

[AirOpsMgr]

I have one something like this....

Lets say the police no knock warrant the wrong house in the middle of the night. In the confusion the homeowner manages to drop 2 of them with his hunting rifle before he is shot and injured not killed. What happens to the home owner?

He sues and wins

 

[Lazarus]

I have one something like this....

Lets say the police no knock warrant the wrong house and the homeowner manages to drop 2 of them with his hunting rifle before he is shot and injured not killed. What happens to the home owner?

If I'm his lawyer he'll never have to worry about money again. Clear case of police being in the wrong, they were in the wrong the minute they DIDN'T identify the right house.