Ask An Attorney by USCCA

Today, the USCCA unleashes some more previously-member-only content in the form of a 5-minute Q&A series. The following episodes will take you through the step-by-step process of a self-defense incident. For this episode, Kevin challenges Tom to answer a self-defense question in 5 minutes: what elements must be present for you to use deadly force to protect yourself or another person?

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Deadly Force, Great Bodily Harm, Self-Defense, Deadly Threat, Imminent Deadly Threat, Stand Your Ground, Duty to Retreat, Castle Doctrine, Home Defense, Third-Person Defense, Attorney, Ask an Attorney, Lawyer, Gun Laws

Have you ever wondered what your rights are as a law-abiding gun owner at a protest? Are you curious if you can use deadly force for self-defense while attending a protest? If you’ve taken it upon yourself to guard a business or statue from rioters can you still use your concealed carry gun? What if you’re in an autonomous zone and police cannot come to the scene of a self-defense shooting? These questions are many more are answered by Kevin and Tom in this episode of Ask an Attorney.

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use of force, force, self-defense, duty to retreat, stop the threat, pursuit, occupied zone, Seattle, CHOP Zone, CHAZ, police, law enforcement, multiple attackers, street encounters, deadly force, autonomous zone, recordings, protests, riots, looting, looters, statues,

A timely discussion of what gun owners should do from a legal perspective when faced by rioters, looters, and protestors. Kevin and Tom talk about your rights when you’re in your vehicle, what the Castle Doctrine really means pertaining to your vehicle, and how maybe your vehicle’s camera needs should be re-evaluated. Martial law is also covered; Tom explains what martial law is and they discuss how it affects gun owners. They also talk about the issue of your Second Amendment rights and attending protests in the final portion of the episode which is a can’t-miss segment.

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protest, riot, civil unrest, Castle Doctrine, looters, vehicles, protestors,  imminent threat, deadly force, triggering criteria, Stand Your Ground, Stand Your Ground laws, imminent deadly threat, law enforcement, police, police offers, assault, self-defense, self-defense shooting, totality of circumstances, molotov cocktail, home defense, police response time, martial law

The best defense is a good offense and in this episode Kevin and Tom talk about various aspects of self-defense and how to be a true good guy. If you invest in firearms training and have wondered about the importance of documenting it, it’s covered here. Also talked about is what prosecutors look for when deciding whether or not to prosecute in the aftermath of a self-defense shooting, the value of raising your right to an attorney, and what police interrogation is really like. A fantastic in-depth discussion of the value of a good offense to back your best defense.

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training, documentation, firearms training, record keeping, prosecutor, justified shooting, self-defense, self-defense shooting, trigger pull, trigger, pull weight, revolvers, double-action, defensible, justified, judges, court, defense of property, property, brandishing, warning shots, trespassing, Castle Doctrine

Kevin and Tom talk about the many ways it is possible to lose your gun rights from a legal perspective. Tom covers federal statute 18.USC.922(G) in some depth and explains how the law applies to specific situations despite what popular belief may claim. Domestic violence and restraining orders are discussed as are red flag laws and what, if anything, you can do about it. Other topics include, but are not limited to, burglaries, marijuana use, and a deeper look at altercations with grown adult children or others that might result in a domestic violence charge.

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federal laws, gun rights, Second Amendment rights, felony, felony convictions, misdemeanor, theft, burglary, red flag laws, restraining order, harassment, bail conditions, no contact order, domestic violence, assault, medical marijuana, cannabis, THC, marijuana, concealed carry license, concealed carry permit

In this episode Kevin and Tom discuss a timely topic: how pandemics such as COVID-19 affect the Second Amendment rights of gun owners. The show opens with a detailed discussion of what the government can and cannot do from a legal perspective regarding gun rights while admitting this is uncharted territory and we have to wait and see. Questions asked by USCCA members include what to do now that law enforcement isn’t arresting criminals or even responding to calls as before, how long to stay on the scene if the police don’t come, and what exactly an imminent threat may be in this scenario.

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COVID-19, martial law, coronavirus, pandemic, government power, Second Amendment, deadly force, imminent danger, gun rights, gun stores, police, law enforcement, arrests, custodial arrest, self-defense laws, Castle Doctrine, concealed carry, social media, new gun owners, ammunition, hollow points, training rounds, stay at home order, stay at home, safer at home, target identification, target isolation, pepper spray, secondary defense weapons, mens rea

Kevin, Tom, and a special guest discuss the issue of marijuana use and firearms.  The episode opens with attorney Tom Grieve’s initial thoughts regarding use of marijuana and carrying firearms and moves on to questions and answers from USCCA members. Questions asked include how to handle 11E on the Form 4473 if you do use medical marijuana, whether you can use it medically and still have a concealed carry permit, and if you can be prosecuted if you do not use but are in the car with someone who does. Differences between state and federal laws and enforcement – or lack thereof – are also covered.

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Have you wondered if a security camera will assist in your defense if you’re ever involved in a deadly force situation? Do you wonder if candy striping your self-defense gun’s ammunition – alternating full metal jacket and hollow point rounds – is a good idea? In this episode Kevin and Tom talk about these issues and far more. Additional topics include understanding the brightness of weapon mounted lights and how to select one, knowing when you can or should fire your gun when being threatened, and the fact gun owners shoot to stop a threat, not to wound or kill an attacker.

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bar, vehicle, self-defense, cameras, Stand Your Ground, duty to retreat, hollow points, full metal jacket, candy striping, 380 ACP

USCCA/Delta Defense Director of Training Operations Steve Fisher and former prosecutor Tom Grieve spend the first part of this episode examining what to do immediately following a deadly force incident. During this hour they discuss the jury instruction process at length, giving listeners an inside look into how a jury trial works. Other topics covered include the wisdom of using 80 percent guns for self-defense, the use of biometric gun safes, and the expense of a lawyer in the aftermath of a self-defense shooting.

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deadly force, self-defense, police, LEO, law enforcement officer, defense of property, backup gun, BUG, knife, knives, disabilities, jury instructions, cars, carry in cars, gun safe, biometric gun safe, concealed carry, knockdown power, carry gun, mass shooting, active shooter, posted business, juries, legal fees, attorney fees

Have you ever wondered what difference there is between shooting to kill and shooting to stop a threat? Whether you are required to leave your home if someone breaks in and the intruder doesn’t seem to be armed? These and more questions are answered by Kevin and Tom in this episode. Additional questions include use of force versus use of deadly force, what constitutes a deadly weapon, and how time of day and available light might affect a self-defense scenario.

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