Ask An Attorney by USCCA

In this episode Kevin and Tom talk about the potential legal repercussions of not only carrying your gun at work, when it’s prohibited, but what could happen if you use your gun for self-defense under those circumstances. Other self-defense questions you may be faced with on a day-to-day basis are covered such as whether you should get involved if a third party is being beaten and at what point you can engage multiple attackers? The team also discusses brandishing, the race to 911, and your legal liability if you shoot an innocent bystander during a self-defense shooting.

Shownotes:

More to Explore:

deadly force, deadly threat, multiple attackers, TSA, flying with firearms, flying with guns, mens rea, disparity of force, disabilities, elderly, self-defense, self-defense shooting, camping, RVs, brandishing, race to the phone, race to 911, right to privacy, training, practice, transferred intent,  reasonable person, innocent party, reasonable force

In this episode Kevin and Tom get started talking about whether you can detain a lawbreaker and traveling in your vehicle with a gun. They then move on to cover your responsibility or lack thereof should you walk into a robbery or assault in progress. Should you get involved? Is it smarter to walk away? These are potentially life-altering choices you must be prepared to make on the spot. Also find out when it’s legally defensible to use your gun in self-defense in various situations, if you should consent to a search by law enforcement, and whether you should carry a round chambered in your carry gun.

Shownotes:

More to Explore:

law enforcement, reasonable force, deadly force, self-defense, self-defense shooting, searches, totality of circumstances, innocent bystander

Tom goes over the responses to a USCCA survey and questionnaire. Questions posed by respondents include whether a “surprise attack” on an assailant is a good idea, how bail works, and the difficulties of getting prescription medication to someone has been jailed following a self-defense shooting. In addition, Tom discusses how defense ammunition choices can affect your case, and how to handle a road rage incident. Other topics include legal implications of investigating noises with an unholstered gun, at what point you can fire at a home intruder, and your duty to report crimes.

Shownotes:

More to Explore:

bail, self-defense, surprise attack, handcuffs, defense ammunition, stop the threat, race to the phone, 911, road rage, use of force, breaking and entering, right to remain silent, right to an attorney, duty to inform, duty to report

There are many aspects of training in the gun world and in this episode Kevin and Tom take a closer look at issues like reaction time, weapon and target focus, and moving targets. Gear topics are also covered such as using reloaded ammunition for self-defense and trigger and other gun modifications. Other important self-defense issues discussed include justified versus unjustified shooting, brandishing, and the use of 10mm for self-defense purposes. Discussion of some videos shown on Proving Ground which are relevant to the topics at hand also takes place.

Shownotes:

More to Explore:

self-defense, deadly force, knives, weapon focus, bad actor, target focus, moving targets, law enforcement, modifications, command voice, triggers, Proving Ground, multiple attackers, probable cause, resisting arrest

*Tom lists G27 as a 10mm (it’s a .40 S and W)

This episode begins with Kevin and Tom delving into the wisdom of giving a statement to law enforcement immediately following a self-defense shooting. Various aspects of use of self-defense as a couple are examined such as whether your spouse can be compelled to testify against you, if your spouse’s gun can be confiscated along with yours, and what training your spouse should have in comparison to your own. Also discussed is the relevance of your social media history, assisting a law enforcement officer who is being assaulted, and if you should get involved in an attack taking place against a third party off your property.

Shownotes:

More to Explore:

self-defense, Castle Doctrine, Stand Your Ground, criminal law

In this episode Kevin and Tom get started by discussing possession of firearms on different properties, in a variety of situations, and when it’s someone else’s gun. They then move on to detailed conversations about when you can and cannot – or should and should not - shoot in a self-defense situation. How does disparity of force work? Is it a good idea to draw your gun when faced with multiple attackers or will the attackers take your gun? Other topics covered include recognizing threats, what to do with backup guns after a self-defense shooting, and the importance of training.

Shownotes:

More to Explore:

posted property, posted business, shooting to wound, shooting to stop the threat, stop the threat, force continuum, intervention options, deadly force, multiple attackers, weapon retention, extenuating circumstances, bad actor, good guys, disparity of force, training

Kevin and Tom get into what really happens – and what needs to happen – in the aftermath of a self-defense shooting. They go into in-depth detail on the hazards of choosing to modify your carry gun and what to expect from law enforcement immediately following a self-defense shooting. Tom speaks at length about your right to remain silent and your right to retain an attorney, which phrase has more legal power, and what exactly it can do for you in the aftermath. What to say – or not say – to the 911 dispatcher when you call in the aftermath of a self-defense shooting is also discussed.

Shownotes:

More to Explore:

aftermath, self-defense shooting, self-defense, arrested, gun modifications, triggers, probable cause, right to remain silent, right to an attorney, attorney, lawyer, law enforcement, Miranda Rights, Miranda-Goodchild Rights, 911

In this episode Kevin and Tom get started covering defending hotel rooms, tents, and RVs and further applications for the Castle Doctrine. Details of self-defense scenarios are also discussed such as false imprisonment, weapons of opportunity, and conversing with law enforcement in the aftermath of a self-defense shooting. Kevin and Tom also delve into what to wear for effective concealed carry in cold weather, what to put in your first aid kit, and how to handle lies told by criminals in case of multiple attackers. This episode gives you a number of new tools for your self-defense toolbox by touching on everything from techniques to handling the legalities of a self-defense shooting.

Shownotes:

More to Explore:

hotel rooms, Castle Doctrine, weapons of opportunity, post office, levels of protection, false imprisonment, deadly force, training, tourniquet, first aid, disparity of force, duty to retreat, EDC, disability, WML, flashlights, multiple attackers, command language, command voice

Kevin and Tom talk about the importance of target identification and how to handle an active shooter situation. Time is spent discussing and explaining how to interact with law enforcement arriving in the aftermath of a self-defense shooting. Details such as whether cell phone videos taken by bystanders can help or hinder you are covered as well. Other topics include interacting with law enforcement on the scene of an active shooter, winning the race to the phone for 911, and whether or not it’s wise to get involved in trying to stop an active shooter.

Shownotes:

More to Explore:

target identification, self-defense, cell phones, law enforcement, active shooter, active killer, mens rea, ammunition, brandishing, 911, race to the phone, USCCA, police, warning shots, defense of property

In this episode Kevin and Tom discuss the gun-related laws of the road ranging from road trips to stopping at the post office. Knowing the firearms and self-defense laws for every city, county, and state you pass through is your responsibility as a gun owner. Learn things like your Second Amendment rights while traveling in RVs and whether you should record your accredited training hours as a defense in the aftermath of a shooting. Find out if your carry gun should have modifications and if using handloaded ammunition for self-defense is a good idea. Other topics covered include how bail bonds work, TSA and guns, and concealed carry reciprocity between states.

Shownotes:

More to Explore:

travel with guns, driving with guns, deadly force, flying with guns, TSA, bail bonds, red flag laws, gun modifications, disparity of force, handloaded ammunition, training, RVs.