Ask An Attorney by USCCA

Pandemics and Gun Rights - April 2, 2020


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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.

Shownotes:

  • Does the COVID-19 pandemic give the government extra power to curtail the rights of gun owners? (~3:22)
  • Am I allowed to use deadly force to stop an obviously sick person from trying to infect me? (~9:25)
  • With mounting safety concerns regarding police officers not arresting criminals, what should I say on a 911 call to make police arrive more quickly? (~12:42)
  • Should I stay on the scene if police are slow to respond? (~15:55)
  • New gun owner asks what to do because the only ammunition they’ve been able to find is marked for training. (~21:31)
  • Discussion of how prosecutors and the justice system work. (~25:00)
  • Is there any legal authority to the stay at home orders? (~30:48)
  • Discussion of a bar that was supposed to be closed due to pandemic but was open, officers sent and found people in bar and ended up ticketing people. (~34:40)
  • What’s the difference between looting and burglary and can I use force to stop people from taking things? (~37:02)
  • If I’m out shopping and things get really crazy when can I draw my gun? (~42:09)
  • What is a good alternative to a gun and are there legal problems with the use of pepper spray? (~47:00)
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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

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