They would have taken my guns.....after the gunfight. This confirms a rule I've always believed....in a conflict involving guns, make sure there is only one side of the story being told when it's over.
And you would have been dead. For what?
Personally, looking at the situation, based upon the limited info shown at this point, as the responding officer, I would have pulled him to the side and said:
A. Good Job.
B. You messed up here, and this is why, but don't worry, I understand your reasoning, I will write it up to reflect such and I am not charging you, as I see no criminal intent.
C. Now go be with your family.
Situations like this are really not too uncommon. Officer discression plays a huge part. One has to look at the totallity of the circumstances and make a judgement call.
If the homeowner is acting like a hot headed Jackass threatening to shoot it out before he will hand over his gun so an officer can begin to conduct an investigation, or an individual who has just been through an overwhelming experience and is a bit shaken up, these things make a big difference as to how a person is percieved.
