Firearms, Self-Defense, and the Law: Information for Writers Plotting a Gun Scene

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Your heroine is in a spot she could never -
would never - imagine finding herself. Sure, when she bought her gun  it was with the thought that it was for self-protection - but it was a distant thought, one that didn't comport real conviction. Now here she was loading her ten precious silver bullets into her magazine, sliding it into place, ready to take out the werewolf pacing outside her bedroom door.

In your fictional work, laws don't just go away. You will need to research the area in which your heroine lives and have her come to some decisions about her own conduct. In Janet Evanoviche's Stephanie Plum series, Plum disobeys the law by carrying a concealed gun - that she has no intention of shooting or even brandishing. Plum relies on the fact that she has dumb-luck (and a hunky police investigator boyfriend) on her side to keep out of jail.

What choices will your heroine make? 

Legal or Illegal? How does your heroine get a gun in her hand?
 * If she is buying a gun she must  fill out BATF form 4473. 
    This form includes information about the buyer, the serial
    number, and a description of the firearm. (Not applicable to
    private sales - obviously, if your heroine is getting it from 
    Crud Murphy in the back alley, she won't be filling out a form)
 * There are legal reasons why your heroine may not be able to
    follow the straight and narrow. It is illegal for her to buy a gun if 
    she :
     ^ Was convicted of domestic violence
     ^ Has ever had a court ordered restraint
     ^ Was a United States Citizens then renounced their
        citizenship.
     ^ Was discharged from the armed forces dishonorably
     ^ Is addicted to a controlled substance
     ^ Is illegally in the U.S.
     ^ Is fugitive from the law
     ^ Was convicted of or under indictment for a crime that carries
        over a year in jail.

Legally possessing and legally transporting a gun are two different things.

* Federal law prohibits guns in federal buildings such as
   post offices, some military installations, some public lands.
* The area your heroine lives will determine if she can open carry,
   conceal carry, whether she can only have her gun in her home or
   if she can have it in her yard/on her property.
* Gun safety laws are important to how you lay out your plot line.
   If your heroine's jurisdiction requires her to have a gun lock - can
   she get access to it in time? Especially under high-stress 
   circumstances? Remember that violent acts usually happen close 
   and quick. Did she prepare for that by having her bedroom set up
   like a safe room with steel doors? Does she decide to ignore the
   law and keep the gun under her pillow? You might just have her
   shoot the serial killer and have her butt dragged to jail. Isn't that 
   an interesting twist?

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The Use of Deadly Force in Self Defense

The "Reasonable Man" Standard - What would a reasonable man (or heroine) do in a given situation. This is the standard that is placed before a jury. What seems reasonable to a person in the heat of the moment - with tunnel vision and other physiological and psychological factors running amok - may not seem so reasonable to those 12 who are rendering a verdict.

Reasonable Force -  The amount of force your heroine uses to defend herself can't exceed what is called for to get out of the situation. If the heroine hit the guy on the noggin with her fry pan, she can't pull out her gun and shoot the unconscious villain in the head to have it over with. While she may feel it's a reasonable response after all the heartache he's caused her, the courts would disagree.

Use of Deadly Force 

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- In order to lawfully use deadly force. Your heroine must be the innocent victim of an imminent attack that threatens her life or the lives of those around her (her children for example). The threat has to be deadly and not about property. Sometimes other responses are requires by law - living outside of D.C. I would be required to attempt a retreat prior to using force, for example.

Brandishing - Is when your heroine displays her firearm in a threatening or aggressive manner; this action is illegal for the most part. Let's assume for a minute that your heroine is confronted by her crazy ex who hisses in her ear, "I'm coming after you. I'll toy with you then kill you and laugh as I burn your body." YIPES! Your heroine cannot pull out her gun and point it at him and say, "I'll be waiting." 1) that's brandishing and 2) that's provoking which means that if he does come after her, she is not an innocent party. So if anyone heard that exchange, she's in deep doo-doo if his body is splayed across her kitchen floor.

Castle Doctrine - "a man's home is his castle" and he has every right to defend it. This is the law in many jurisdictions such as Texas. In your home you are not required to retreat from an attacker. Also, in some places this law protects you wherever you are staying such as a hotel or friend's house.

Cessation of Threat - Your heroine is entitled to use deadly force against the attacker as long as she is still being threatened. If the zombie fled, surrendered, or collapsed in a pile of entrails, lethal force must stop.

So Your Heroine Shot the Bad Guy, Now What?

* In all jurisdictions if a shooting results in injury or death it will be
   investigated by the police.
* Anything your heroine says can be used against her
* She has the right to be quiet - though she may not have the right
   mental state to exercise her right. But sometimes less is more
   until she talks to her attorney. Yes, she is going to need one.
* If your heroine knew the person or quarreled with the person
   even if she was protecting herself - she may have acted illegally.
   (though many will say they'd rather be tried by 12 then carried by
   6) your heroine needs to think about that in advance and take
   precautions. In the trial was her only precaution to buy a gun and
   take one-on-one classes in quick draw? Uh-oh. Putting in a
   security system, getting a dog, putting up lights, filing for a 
   restraining order all of the OTHER steps she took to harden her 
   surrounding against attack will go in her favor.
* Your heroine is not going to get a pat on the back and a 
   handkerchief handed to her. She will probably be arrested, 
   booked, fingerprinted, and photographed. She will be put in a
   cell where she will wait until charges are dropped or bail posted. 
   This could take several days.
* The police may take the heroine's gun and any other gun in the 
   house since she is a suspect in a homicide (or if the villain lives
   she will have committed assault with a deadly weapon). And if
   the villain lives, his side of the story might be vastly different
   than your heroine's. (ballistic forensics LINK)
* They will probably fire her guns for ballistic impressions if they 
   are trying to make a case against her.

* An area where a shooting took place may (probably will be)
   treated as a crime scene. As the police run through their normal
   evidence collection (crime scene 101 information), they will
   cordon off the area and only the police will have access. This can
   go on for days or even weeks. Does your heroine have someplace
   else to stay?

* If your heroine carries in a state that requires a gun permit, she
   may have that permit suspended. Uh-oh. She killed the villain 
   and now his brothers are after her in retribution. Now what 
   choices is she going to make? 

* Criminal Trial - is possible

* Civil Suit is almost inevitable - as the family steps forward and
   tries to sue your heroine for killing their sweet baby. Just the
   legal bills will be thousands. (Check state law.)

I hope everything turns out great for your heroine and she gets to live happily ever after. 

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Thank you so much for stopping by. And thank you for your support. When you buy my books, you make it possible for me to continue to bring you helpful articles and keep ThrillWriting free and accessible to all.

As always, this is a non-political site that is geared to help writers write it right. I am presenting information to help develop fictional characters and fictional scenes. In no way am I advocating any position or personal decision.
Information for this blog article comes from NRA Guide to the Basics of Personal Protection in the Home, (2000) National Rifle Association of America

Using Technology in Your Plot with Frederick Wysocki

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WARNING: The interviewee is a recovering serial technology CEO.

Fiona -

Hi there. Today on Thrillwriting we have Rick Wysocki. Rick can you start us off by giving the readers a little of your background?

Rick -

I started my first computer software company in 1975 and stayed in it until recently when I was inspired to try writing. My first novel was inspired by my experiences in the business. I have done five start-ups, was hired by VCs to turn around 2 start-ups, was a SVP for Computer Associates (now CA) for 14 years as a result of being acquired by them.

Fiona -
Let's talk about one of the perils I see in writing a novel in this day and age. Very quickly, it will be a historical and not a modern read.

Can you talk about how a writer can include technology and not become dated within six months? 

Rick - 

Fiona, in your blog Digital Footprints (LINK) you state that, “If you're writing a contemporary suspense/thriller/crime novel, then digital information is an important angle to consider.”

I couldn’t agree more. In fact, I would say that unless a writer embraces the possibilities technology affords us, we could appear to be out of touch. When Apple introduced the iPhone in 2007 it started a wave of change that writers need to utilize if they want to connect with readers, especially younger readers.

There is a fun book by Jeffery Deaver from 2008 called the Broken Window that lays out the kind of mayhem that a techno genius can have with identity theft and manipulation. Those technologies exist and are used by business today to help market goods and services to you. Twisting the use of the tech was brilliant.

For thriller and mystery writers the possibilities are endless. As I play out in The Startup the differences between science fiction and reality are shrinking incredibly fast. As technology takes over our lives, the possibilities for writers are phenomenal. The boundaries of genre will be disrupted. What was science fiction a few years ago is hard reality today.


Fiona - I am almost finished with your novel The Start-up can you use your own work for demonstrating your point?

Rick - 
In The Start-up a traditional PC company purchases a mobile app firm which has the first retinal app for the iPhone. Apple just brought out a finger print reader. The technology for a retinal app will take a few more years. But it doesn't matter. If you ignore technology as a writer you run the risk of being old school - out of touch. Technology is only going to become more common in our day to day lives. If you look at wearable tech like the iWatch or what they are calling "The Internet of Things" they are a cause for inspired creativity for a writer.

Do you think that including tech limits or dates a writer too quickly?

Fiona - 

When you asked, my immediate thought went to the Stephanie Plum By the Numbers books by Janet Evanovich. Evanovich started writing her novels back when people used beepers and a select few had car phones. For those of us old enough to remember, one spent as little time on the phone as possible because those calls were incredibly expensive. At .30 a minute a ten minute call cost $3.00. People would think it was insane to pay that now. In her most recent Stephanie Plum books, Evanovich has kept the technology modern and even has a digitally encrypted photograph that causes her heroine some pains. The issue? The character doesn't age. She has been the same age for about 20 yrs. And so yes, that is pretty weird. And her first books are rather dated.

Rick - 
Do you have a smartphone? Are you using Facebook, Twitter etc? When you read a modern writer who is writing set present day, and they do not mention using them, do you wonder? I think that the use of technology makes a writer current. I understand your question about change. There is an old adage in tech that, "if you are bored you're not paying attention."

Fiona - 

I think you used that in your book...

Rick - 

Were you okay with the technology angle?

Fiona - 
So far I am able to follow it without any problems - but I didn't actually have to implement the technology, I just had to get the concepts.

Rick -
Exactly. When you finish, I hope you see what I was going for. The story of a young man who strives to earn his wealth in the tech business, and the story of a young man who discovers that he becomes increasingly corrupt as he faces difficult decisions.Remember when you said in a post "If you're writing a contemporary suspense thriller story, the digital info is an important angle? That's where we are in total agreement.

Fiona -

There are a lot of plot twists that can take place because of technology.

Rick -

For most everyone, the benefits of mobile technology have made it compelling and a necessity to own and carry them. How else do we know what our schedule is, get directions on where to go, find the best restaurant for lunch or take that once in a lifetime picture with an old friend and immediately share it. 

The downside is that everything you do, where you go, who you see, write and talk about is recorded and available for discovery.

Everyone has now heard about whistleblower Edward Snowden and the NSA. So it is no secret that the NSA is spying on us. The technologies are there for our federal governments as well as foreign governments and eventually State and local law enforcement to aid in the profiling, monitoring and capture of suspected wrong doers.

The US is in an undeclared cyber war, and other governments and groups are doing their very best to beat us.

Anytime data lives on a third-party system, it can be decrypted and examined by company employees, the government and lawyers with subpoenas. This is how so many tech companies were able to give up data to the NSA upon request.

There is no such thing as privacy and surveillance and data recording will only accelerate. It is not just the USA. It is China, Russia and everyone else.

I am not an expert on cyber identities, but I’ve been interested in the topic for years. In my new novel The Start-up the hero is confronted and told he must abandon technology in order to protect his benefactor, his uncle who a is mob raised venture capitalist. As I state in The Start-up -

If twenty years ago you had asked an FBI agent for the ideal tool they could use for tracking and capturing criminals, it would have been a smart device. They’d probably have said they would love a suspect to be carrying a hidden GPS tracking device to track them. A hidden microphone so they could turn it on and hear everything that was said. Oh, and a camera to see where and who you are with. The bottom line is that your smartphone is the ideal tracking device.

Fiona- 

How would an intrepid heroine protect herself?

Rick -
These days it is virtually impossible. You can take steps to partially erase yourself from the web. Unless you want to live alone in a cave you can’t. There are a lot of tools and applications that might lull you into feeling secure. Personally, I don’t trust any of them. No data is safe.

You have to assume that nothing is safe. You have heard of Bitcoin, which was supposedly an unhackable digital medium. Well guess what - it got hacked.

Fiona - 

What are some ways that a hacker could get your private info that you have no control over - ex. I read about the sale of copy machines that held the printed data from dentist offices with the social security

numbers etc. 

Rick - 
Wherever data is stored, it can be accessed and taken. Your character could stay off the internet. Cut up credit cards – pay cash. Go off the grid. Which is not likely. And it is only going to get worse. We will only get more dependent on our devices. We will become digital identities, and we will increasingly have our lives run by software.

Fiona - 

I imagine that going off grid is far easier for the older generation.

Rick - 

For most of the younger generation, it is an impossible dilemma. The benefits far outweigh the downside –If they are not involved in questionable activities. If they are, they are being tracked and their data is becoming their digital identity. Privacy is an outdated concept. It is gone. If someone wants to get your information they will. Having said all that, there is still time until all law enforcement have access.

Fiona - Rick has graciously put together some research sites that might help you:

RESEARCH SITES
For writers who want to research what is happening, here are a few web sites that might provide inspiration:

FBI.gov 

SEC.gov

BusinessInsider.com

TechCrunch.com

JDSupra for legal and compliance viewpoints

I also try to use real world points I hear from the experts. For example in talking with the head of police for a major US city he told me his biggest peeve was continual budget cuts. I used that tidbit in The Start-up.

HOW TO USE THE INFORMATION / TWISTS

1. Use the technology to spy on, steal identity of/or murder
    someone.  A TWIST - Use technology to steal identity of a bad 
    person and end up accused of their crimes.

2. Use the technology to find victim, find where they have been and
    what they have done

3. Commit crime and try to erase themselves, to get off the grid

4. Use the technology to find culprit

    A TWIST - Use the technology to falsely accuse someone.

When you have data overload, it’s easy to weave the data into a narrative that substantiates what they already believe. There is an interesting article by Criminologist D. Kim Rossmo, a retired detective inspector of the Vancouver Police Department, was so concerned about confirmation bias and the investigative failures it causes that he warned police officers in Police Chief Magazine to always be on guard against it. “The components of confirmation bias,” he wrote, “include failure to seek evidence that would disprove the theory, not utilizing such evidence if found, refusing to consider alternative hypotheses and not evaluating evidence diagnosticity.”

Fiona - 

Those are some pretty fun plotting ideas. Okay, traditional ThrillWriting question - can you tell us about your favorite scar?

Rick - 

I am scar free. Before we go, let me tell you that I think your blog is fantastic. I have already gleaned a few points that I am including in my next book.

Fiona - 
Hooray!  I love flattery!

See how this article influenced my plot lines in my novella MINE and my novel CHAOS IS COME AGAIN.

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Thank you so much for stopping by. And thank you for your support. When you buy my books, you make it possible for me to continue to bring you helpful articles and keep ThrillWriting free and accessible to all.

Crime Scene 101 for Writers: Decisions. Decisions.

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 (Photo credit: Wikipedia)

I just finished reading Mike Roche's book, THE BLUE MONSTER. It was a wonderful window into urban police investigation. One of the things that I appreciated about the book was understanding how individual competencies in processing a crime scene can make all of the difference in bringing a perpetrator to justice.

To this end, I thought that this week on the blog we could look at some decisions that writers can make and different points at which things can go well, or a writer could twist the plot.

WRITERS' DECISION MAKING

STEP ONE -  Is it safe to go on the scene?

1. Do you have a hazardous environment called a HOT ZONE?
   A  Hot zones can be created by
       * natural disaster - such as Tsunamis in Japan, floods, fires, and storms
       * mass disasters - such as terrorism
       * crimes - like the anthrax filled envelopes through U.S. Postal Service
       * accidents
   B. Hot zones might include
      * nerve gas
      * radioactive materials
      * nuclear threat
      * chemicals creating toxic and/or combustible threats
      * bio-hazards such as pathogens, venom, and parasites along
         with other disease causing organisms

2. Is the bad guy still on the scene?

3. Did they plant booby-traps or bombs Link to bombs article


STEP TWO - Will the first response team get there in time?
* To save the victim(s)?
* To save the house?
* And in their attempts to preserve life and/or preserve property
   will they damage the evidence to
   make it harder to solve the crime?


STEP THREE - How effective will your First Responders be when they contain and secure the scene?

. (Photo credit: Wikipedia)

* Only someone with a good reason to be at the crime
   scene is allowed in the area - this precludes the media,
   the family, and PI's. In Janet Evanovich's books
   Stephanie Plum really can't just walk in and look
   around because she happens to be doing Morelli.
* Others who might contaminate your scene and
    twist your plot might include looters and bystanders
* An officer has to stand at the entrance of the scene
   and log in everyone who enters and exits the police
   tape including the precise times when they entered and
   exited.
* Others who enter a crime scene can introduce
   Finger prints Link to finger print article
   Foot prints Link to footwear article
   Hair
   DNA Link to DNA 101 article
   Tire prints

Now this might be a good place to talk about Locard's Exchange Principle:

Whenever someone moves throughout an environment there will be an exchange of materials.
* A person will pick up materials such as animal hair, dirt, and fibers and take them away with them.
* A person will leave trace evidence showing that they were there - fingerprints, hair strands, DNA from spit
   or blood.
* The longer that two people are in contact and the more intense their exchange the more trace evidence will
    be left in place.

Imposing Lokard's Theories there will be a transference. This is why any superfluous people need to be kept from the scene.
* When extra information is introduced it slows the process and creates extra work for the investigators
   because they have to sort through all of the data.

Another reason to keep others at a distance:
* Public access has to be restricted so that someone with a cellphone etc. won't be releasing information
   to the public.
* The police typically only release information that is critical to identifying the perpetrator.
* They keep the rest quiet so they can monitor the story.
   For example, in interrogation Link to Interrogation article a suspect lets slip a piece of information that
   only the perpetrator or someone who had seen the scene would know. This is a big piece of evidence
* This also helps prevent copy cat cases because the full MO has not been revealed. Maybe that's just what
   your plot needs.

A Crime Scene at the National Museum of Crime & Punishment (Photo credit: Wikipedia)

STEP FOUR : How competent are your investigators in gathering and processing evidence?

VIDEO QUICK STUDY (11:41) good overview poor sound quality.
VIDEO QUICK STUDY (25:52) A little long but this is the process from the military (US Army)

* Proper warrants are obtained (a property owner can give consent for searches)
* A search strategy is developed by the officer in charge
   This prevents the crime techs from damaging or overlooking evidence
   This usually happens before the investigators enter a scene. Everything must be considered even the spatial
   relationships of objects, blood spatter patterns etc.
* There are four main types of searches -

English: Footwear impressions left at a crime scene. (Photo credit: Wikipedia)

   line search 
   circular (or spiral) search 
   serpentine search 
   funnel search
* Evidence is identified -
   1 Trace Evidence - (also called Micro-evidence)
      tiny pieces like sand, saliva, latent prints.
   2 Real Evidence  (also called Tangible Evidence
     and Macro Evidence)-  physical objects
      that inform a case or played a part in the incident.
 * Everything in the area is potential evidence
 * Assumptions are made prior to scientific analysis -
    Is it blood? Is it cocaine?
 * Field Tests are conducted (like blood swabs)
 * Pattern Evidence - Helps to understand the scene.
     This is protected with photography (digital and
      video) VIDEO QUICK STUDY (5:39)
   * Maps are created
   * Measurements of all pertinent pieces of evidence
      are documented.
   * All objects are measured from one set
      point called a datum. 
   *This is sometimes done with
     portable computerized mapping systems called
     Total Station Serving Systems
   
VIDEO QUICK STUDY  (9:51) excellent lecture on evidence collection. Shows process and equipment in use.
*Macro search
   1. hunt and peck
   2. flashlight
   3. alternate light Link to alternative light article go to
                         second half
   4. taping
* Micro Search
    1. vacuum
    2. fingerprinting
    3. using chemical solutions (such as BlueStar or Luminol)
    4. swabs


STEP FIVE - Did your responders process everything correctly so that it is useful in making a case and also permissible in court?

* Documentation
   `Crime Scene inventory list is created identifying each marker
   ` Chain of custody list
* Preservation
* Transportation of evidence

STEP SIX - The investigators hand the evidence over to the scientists and a whole new set of complications can twist your plot. Have fun!

See how this article influenced my plot lines in my novella MINE and my novel CHAOS IS COME AGAIN.

Fiona Quinn's Newsletter Link, Sign up HERE

Thank you so much for stopping by. And thank you for your support. When you buy my books, you make it possible for me to continue to bring you helpful articles and keep ThrillWriting free and accessible to all.