Ask An Attorney by USCCA

Use of Force FAQs - October 24, 2019


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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:

  • What legal recourse do you have if you carry a gun at work even though they are not allowed and you then have to use it for self-defense purposes? (~0:55)
  • At what point – what number – of multiple attackers using fists and feet am I justified to use deadly force? (~5:36)
  • What happens if I’m flying with a firearm but we’re diverted to a gun-unfriendly state? Should I take possession of my firearm from the airline? (~9:05)
  • Can I legally modify my carry gun? (~10:54)
  • As an elderly, disabled person can I defend myself any differently than a younger, able-bodied person? (~15:33)
  • If you’re camping and someone threatens you with a knife in the opening to your tent are you justified to use your gun to defend yourself? (~17:51)
  • What should I do with my gun immediately following a deadly force situation? (~21:11)
  • If a third party is being hurt should I get involved? (~23:15)
  • What happens if I carry in a gun-free zone and someone notices? (~25:08)
  • Discussion of the legal repercussions of brandishing. (~25:28)
  • Will a prosecutor use my practicing drawing from my holster against me in court? Also, should I keep a paper trail of my time spent at the range? (~26:50)
  • Should I be concerned with an invasion of privacy related to gun-related gear and ammunition purchases being shipped from online orders? (~30:01)
  • If there is an active shooter at my church and I accidentally shoot a parishioner, am I liable from a legal standpoint? (~35:48)
  • What are the consequences of wounding versus killing? (~39:00)
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    • 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

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