Many firearm owners assume that if nobody is injured, there can be no criminal case. The reality is that an arrest, criminal investigation and legal expenses can arise even when no shots are fired and nobody is harmed.
Consider the following example.
The incident
It is shortly after 10 pm.
A homeowner hears noises outside and notices two unknown individuals moving around his property. Concerned that a break-in may be underway, he retrieves his licensed firearm and goes outside to investigate.
When he confronts the individuals, one of them begins moving rapidly towards him while shouting aggressively. Feeling threatened, the homeowner draws his firearm and orders the individuals to stop.
The men immediately retreat and leave the property.
No shots are fired. Nobody is injured. The homeowner believes the matter is over. It is not.
The complaint
The following day, the homeowner is contacted by police. One of the men has opened a criminal case.
According to the complainant, he was not attempting to break into the property. He claims he was walking through the area and was threatened with a firearm without justification. The complainant alleges that the homeowner pointed a firearm at him and threatened to shoot him.
The homeowner insists he acted reasonably and only displayed his firearm because he believed he was facing a potential threat.
Police now have two conflicting versions of events.
The investigation
Investigators begin gathering evidence: Statements are taken from all parties. Neighbours are interviewed. Security camera footage is obtained where available.
Police attempt to establish whether the homeowner’s actions were lawful under the circumstances.
At this stage, investigators are not deciding who is right. Their task is to determine whether a criminal offence may have been committed.
Can an arrest happen?
Yes. Depending on the facts available at the time, police may decide that there are sufficient grounds to arrest the firearm owner while the matter is investigated.
Possible allegations could include:
- Pointing a firearm
- Assault
- Intimidation
- Contraventions of the Firearms Control Act
Whether those allegations ultimately lead to prosecution is a separate question. An arrest is not a conviction. It is also not proof that the firearm owner acted unlawfully.
Why legal assistance matters
Many firearm owners focus exclusively on surviving the incident itself. What they often overlook is that the legal process can begin immediately afterwards.
Legal representation may be required when giving statements, dealing with investigators, applying for bail or responding to criminal allegations.
Even where charges are later withdrawn, the cost and stress of navigating the process can be significant.
The lesson
The absence of injuries does not mean the absence of legal consequences.
A firearm-related incident can trigger a criminal investigation even where no shots are fired and nobody is harmed.
Understanding that reality is an important part of responsible firearm ownership.
The question is not only whether you are prepared for the incident itself, but rather whether you are prepared for everything that may follow afterwards.
Are you prepared for what happens afterwards?
Many firearm owners invest in training, equipment and preparation for a self-defence incident. Far fewer prepare for the legal process that may follow.
A criminal investigation, legal representation, bail proceedings, consultations and court appearances can create significant financial pressure, even where a firearm owner acted lawfully.
Firearms Guardian provides qualifying members with access to specialist legal protection designed specifically for firearm-related incidents, helping to ensure that legal support is available when it is needed most.
To learn more about how Firearms Guardian works, visit www.firearmsguardian.co.za.