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Self-Defense Myths That Will Get You Locked Up (ft. Armed Attorneys)
Description
The Armed Attorneys join host John on GOA's State of the Second to walk through what actually happens after a self-defense shooting, and why so many lawful gun owners end up in handcuffs. Emily and Richard are firearms attorneys in Texas and former felony prosecutors for Galveston County. They explain that self-defense is a justification that excuses what would otherwise be a crime, which means you can be charged with murder or aggravated assault and forced to raise self-defense at trial. As Richard puts it, even people who are acquitted do not feel like winners because the process is the punishment. They break down the five factors they use, drawn from Andrew Branca's framework: innocence, imminence, proportionality, reasonableness, and avoidance. Roughly 95% of self-defense cases, they say, land in a gray area where a jury decides whether the shooting was justified.
Much of the episode is practical. They lay out a plan for the worst night of your life: keep your 911 call to five or six words, give a short truthful statement about the defensive incident, then hang up and stop talking. If police arrive before you have a lawyer, say enough to point them at what happened, then clearly state you will not give a further statement until you speak to an attorney. If you are arrested, actually say the words to invoke your right to remain silent and your right to an attorney. They stress that finding a real firearms and self-defense lawyer ahead of time matters, because your wills-and-probate uncle cannot help you at 2 in the morning.
The conversation then turns to the title's myths. Dragging a body inside the doorway destroys your credibility the moment physical evidence stops matching. Stickers, signs, and social media posts all become potential state's exhibits. Emily points to Daniel Perry in Austin, convicted in part on his own messages about handling protesters. They argue this is a calculated risk decision each person should make on purpose, not wander into. In the policy segment, as GOA's legislative counsel in Texas, they preview goals for the 89th legislative session: bolstering self-defense rights, letting defenders raise an affirmative defense earlier to dismiss a case, shielding justified defenders from civil shakedowns, decoupling Texas from federal law on items like short-barreled rifles, and ending gun-free zones. They credit GOA for constitutional carry and the law banning firearm merchant category codes. Find them on YouTube and X as Armed Attorneys, and at Walker Taylor Law in Texas.
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Questions this episode answers
What actually happens legally after you use a gun in self-defense?
Self-defense is a justification that excuses what would otherwise be a crime, so you can still be charged with murder or aggravated assault and forced to raise self-defense at trial. The Armed Attorneys note that even acquitted defendants do not feel like winners, because the process itself is the punishment.
Why do people who clearly defended themselves still get arrested and charged?
Because self-defense is a legal justification rather than a finding of innocence, prosecutors can still bring charges and leave it to a jury. The Armed Attorneys estimate roughly 95% of self-defense cases land in a gray area where a jury decides whether the shooting was justified.
What are the five factors that make or break a self-defense case?
Drawing on Andrew Branca's framework, the Armed Attorneys use five factors: innocence, imminence, proportionality, reasonableness, and avoidance. Richard says that having all five makes