Self-Defense Myths That Will Get You Locked Up (ft. Armed Attorneys)

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. Linkswww.gunowners.orgwww.blackoutcoffee.compatriotmobile.comQuestions 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 for a rock-solid self-defense case. What should you say, and not say, on a 911 call after a defensive shooting? Keep the 911 call to five or six words, give a short truthful statement about the defensive incident, then hang up and stop talking. Saying more risks creating evidence that can be used against you. How do you correctly invoke your right to remain silent and your right to an attorney? If arrested, actually say the words to invoke your right to remain silent and your right to an attorney rather than just staying quiet. The Armed Attorneys stress that clearly stating these rights out loud is what protects you. Why are gun stickers, signs, and social media posts a legal risk if you ever use self-defense? Stickers, signs, and social media posts can all become state's exhibits used against you in court. Emily points to Daniel Perry in Austin, who was convicted in part on his own messages about handling protesters. What gun-law changes are the Armed Attorneys pushing for in Texas's 89th legislative session? As Gun Owners of America's legislative counsel in Texas, they want to bolster self-defense rights, let defenders raise an affirmative defense earlier to dismiss a case, shield justified defenders from civil shakedowns, decouple Texas from federal law on items like short-barreled rifles, and end gun-free zones. Why does dragging a body into your house turn a justified shooting into a prison sentence? Moving a body destroys your credibility the moment the physical evidence stops matching your account. The Armed Attorneys treat this as the kind of myth that converts a defensible shooting into a conviction. Chapters 00:00 — Meet the Armed Attorneys 01:57 — Sponsors and rapid fire questions 05:32 — Home defense guns and family plans 06:39 — Why you need a home defense plan 11:30 — Self-defense as a justification, not innocence 12:35 — The five-factor self-defense framework 16:45 — Finding an attorney before you need one 18:33 — The 911 call and talking to police 22:09 — Invoking your rights after arrest 23:37 — Self-defense myths and a murder trial story 27:08 — Pleading out and the government's pound of flesh 29:11 — Stickers, signs, and social media as evidence 37:10 — From the Soapbox: Texas legislative agenda 44:10 — Decoupling from federal law and the ATF 55:44 — Where to find the Armed Attorneys About the guest The Armed Attorneys are Emily and Richard, firearms attorneys based in Texas. Both were felony prosecutors for Galveston County, Texas before leaving the district attorney's office to build a practice focused entirely on Second Amendment work, including criminal defense for people charged after using self-defense. They are GOA's legislative counsel in Texas, a role they began in 2021, and they work at the Texas capitol on firearms bills. They run the Armed Attorneys YouTube channel, where they focus on myth-busting and putting gun law in plain English, and they practice at Walker Taylor Law as licensed Texas attorneys. They are married with young children. Key quotes "even if they're acquitted, they're found not guilty, they do not feel like winners because the process is the punishment." — Richard "his factors are innocence, imminence, proportionality, reasonableness and avoidance. And once you start, if you have all five of those, guess what, you got a rock solid self defense case." — Richard "not having a plan at 3am with your eyes adjusting the light and your ears ringing, that's not the time to crack open the phone book." — Richard "It's very important that folks know how to invoke the right to remain silent and invoke their right to an attorney." — Richard "Everything you post on social media is potentially dangerous for you" — Emily "We should be completely decoupled from federal law. Texas should be doing its own thing" — Richard