The Top Mistakes Gun Owners Make—Before and After a Self-Defense Incident
Not legal advice. Laws vary by state. Train with your local statutes and consult a qualified criminal-defense attorney.
Carrying a firearm changes the kinds of decisions you must make under stress. Skill on the range is only half the equation; the other half is judgment before and after an incident. Below is a practical, plain-English guide to the most common errors I see—and how to avoid them.
Part 1 — Mistakes People Make Before Anything Happens
1) Acting too soon: confusing threat with imminent threat
A threat “someday” or “in 10 minutes” isn’t imminent. If you use force before the danger is about to occur right now, you hand the prosecutor an easy argument: no imminence, no self-defense.
Do instead: Move, create distance, call 911 if needed, document, seek a protective order if appropriate. Use force only to stop an imminent unlawful attack.
2) Fighting words with fists (or guns)
“Mere words”—no matter how offensive—don’t justify force. If you swing on someone for trash talk, you just became the aggressor.
Do instead: Control your mouth and your ego. If words come with actions (closing distance, fists raised, weapon cues), that’s different—now you’re evaluating imminence and proportionality.
3) Ignoring duty-to-retreat and over-relying on “stand your ground”
Most states don’t require you to retreat; some do. Even where there’s no legal duty, juries respect people who chose a safe exit instead of escalating.
Do instead: If you can leave safely, leave. If your state does require retreat and it’s safely possible, failing to do so can sink your defense.
4) Starting the fight (aggressor doctrine)
If you start it, you usually lose self-defense protection. You can sometimes regain it—but only if you clearly withdraw and communicate that withdrawal.
Do instead: Don’t be the aggressor. If tempers flare, disengage verbally and physically: “I’m done—backing away.” If the other party presses the attack, you’ve got a stronger claim.
5) Treating “brandishing” as harmless
Pointing a gun—or even displaying it—without legal justification can be charged as assault with a deadly weapon in many jurisdictions.
Do instead (least-force rule):
- Use words first (“Back off.”).
- If needed, show the holstered gun without pointing.
- Only if necessary, present the gun.
- Point only if you’re justified in using deadly force.
At trial, we want to say you used the least force reasonably necessary to stop the threat.
6) Firing warning shots
They’re illegal or disfavored in many places. Stray rounds hurt people; prosecutors argue warning shots prove the threat wasn’t imminent.
Do instead: Either you’re justified to fire at the threat—or you’re not justified to fire at all.
7) Using deadly force to defend property (including pets)
Hard truth: property crimes (and in many states, even attacks on pets) generally do not justify deadly force. Limited exceptions may exist (e.g., certain robberies/burglaries), but they’re narrow and fact-specific.
Do instead: Use reasonable non-deadly force to protect property when lawful—or be the best witness. If a dog attack places you in imminent danger, that’s a different analysis.
8) Forgetting proportionality inside the same category
Even within “non-deadly” force, you can still go too far. Continuing to beat someone after they’re neutralized flips the script against you.
Do instead: Apply enough force to stop the threat—then stop.
9) Overconfidence in the “castle doctrine”
Your home may give you a presumption of reasonableness, but it’s rebuttable. Shooting an obviously non-threatening person (e.g., a child who wandered in) defeats that presumption.
Do instead: Even at home, stick to the least-force necessary mindset and positively identify threats.
10) Magical thinking about gear and engraving
Aftermarket triggers, comps, or edgy dust-cover slogans won’t win your case—and may color a jury’s perception.
Do instead: Optimize for safe, controllable shooting and carry gear that looks professional. Skip the smack-talk engravings.
11) No plan for the legal fight
If you carry a gun, you’re presumed to know the law, and you may need an attorney today. Hoping to “explain it” to officers on the fly is how good cases go bad.
Do instead: Train the law as seriously as marksmanship. Pre-plan who you’ll call. Keep a short script in your wallet (see below).
Part 2 — Mistakes People Make After an Incident
12) Talking—a lot
Under stress, humans fill silences and misspeak. Partial, inaccurate, or poorly worded statements often become the prosecution’s strongest evidence.
Do instead:
- First priority: Stop the threat. Ensure safety.
- Call 911 when safe with minimal facts (see script).
- Then stop talking. Assert your right to counsel.
- Call your attorney (or your legal program’s hotline).
13) Oversharing on the 911 call
“I shot him because I feared for my life and here’s the whole story…” becomes Exhibit A.
Do instead (Minimal 911 Script):
“Someone has been shot/There’s been a violent incident.
I’m at [address].
Send police and medical.
I am the reporting party.
I’ll be the person in [clothing description].
I will follow commands.
Hang up.”
(If dispatch insists on more, keep it to location, injuries, descriptions. No narrative.)
14) Failing the “don’t get shot” rule when police arrive
Officers don’t know who’s who. If you’re holding a gun, you can look like the problem.
Do instead: Holster and secure if it’s safe to do so, keep hands visible, follow commands, no sudden moves, no arguing.
15) Leaving a safe scene (looks like fleeing)
If the scene is secure and you drive away, prosecutors can argue “consciousness of guilt.”
Do instead: If the scene is unsafe, leave to a safer spot and call 911. If it’s safe, stay, call, and wait—quietly—until counsel is on the line.
16) “Picking and choosing” questions pre-Miranda
Answering some officer questions and going silent on the hard ones lets prosecutors spin your silence.
Do instead: Calmly assert: “I want my attorney. I won’t be answering questions without counsel.” Then stop talking.
17) Volunteering a legal theory you might later need to change
Blurting “I was in fear for my life” locks you into that one theory—even if a different statute (defense of others, prevention of a listed felony) would fit the facts better.
Do instead: Say nothing about why. Let counsel assess evidence, then choose the right legal lane.
18) Mishandling evidence and witnesses
Erasing video, moving shell casings, or coaching witnesses creates problems you don’t need.
Do instead: Preserve what exists, don’t alter anything, and have your attorney handle witness contact when possible.
19) Posting online
Social posts age poorly in court.
Do instead: Don’t post. Don’t comment. Don’t message about it.
20) Hiring the wrong lawyer—or waiting to find one
A generalist or a bargain is expensive when your liberty’s on the line.
Do instead: Retain or enroll with attorneys who routinely litigate self-defense cases in your state.