You will almost certainly deal with the police after a defensive gun use. They will in all likelihood respond to the scene of the shooting, and they will treat it as a crime scene. They will treat you as a criminal suspect, until and unless they determine differently.
You will likely be handcuffed, you may spend a night (or more!) in jail, and you will most definitely need to explain and defend your actions to the criminal justice system: the police, prosecutors, and possibly a jury of your peers. How well you do that, and the resources you may or may not have at your disposal to help you through that process, will have a huge impact on the rest of your life.
Even the most justifiable shootings can be cast in a bad light by sloppy police work, anti-gun prosecutors looking to make a name for themselves by hanging your scalp on their belt, or by you yourself if you cannot convincingly articulate why you resorted to deadly force at that place and time. If the police or prosecutor decides criminal charges against you are appropriate, you must defend those charges.
Even a losing criminal defense is expensive, and even bad lawyers don’t work cheap! The usual rule of thumb for a criminal defense is $100,000 and it can be much more, depending on the nature and complexity of your case. While a defense of criminal charges may not be necessary in your case, it may well be, too. These things can never be predicted in advance, but they must be thoroughly considered before you decide to carry a gun concealed for self-defense and in advance of your pulling the trigger.
Assuming you survive the gunfight and your encounter with the criminal justice system, the criminal or his surviving family may sue you for using a gun to defend yourself! As a lawyer once told me while I was interviewing him about defensive gun uses in general, “If you shoot someone, you WILL get sued!”
If you are sued, you must defend the suit, or you lose by default.
The standard of proof required to win a civil suit is not beyond a reasonable doubt, like it is in a criminal trial. No! It’s by a preponderance of the evidence, which is a much lower standard. That means even if you survive the criminal trial unscathed, you could still lose the lawsuit.
The full legal aftermath of a defensive gun use, with its range of possibilities and how to prepare for them, is beyond the scope of this article, which focuses on get- ting a concealed carry permit; but it is something you must consider, and consider well, as you think through and decide whether carrying a concealed weapon is for you.
In Civil court, even after you have been successful in criminal court you can still be made to feel guilty. The Self-Defense SHIELD will be there to protect you one step further. The USCCA carries the policy with each of the members the beneficiary. This means that a lawyer will be provided for you to defend your good name and your livelihood.
The United States Concealed Carry Association does not want to see you become a victim of the courts after you have made the decision to protect the ones you love. The USCCA has developed an insurance backed benefit (Self Defense SHIELD) that is set up to help you after a self-defense incident has occurred. Depending on your level of membership, the Self-Defense SHIELD will help you to hire an experienced attorney who will work hard to protect you. You can see more about it at
http://www.USConcealedCarry.net/join-now/
8:14 pm
I have been considering obtaining a concealed weapon permit for some time but I have concerns that by doing so I will end up on some government list of gun owners in the U.S. and will be one of the first to loose my guns in the event the government decides they no longer want to allow citizens to be armed. I know this sounds paranoid but then I never believed I would see some of the changes this administration has made in this country in the last few years either. However, with the way our country has changed recently, I feel I must take the chance and I realize if I were to become involved in a shooting incident without a permit, I would be thrown to the wolves in our judicial system as it is today.
4:21 pm
Doesn’t the second amendment guarantee the right to “keep and bear arms”? That being the case, it would seem to me that requiring a person to have a permit to carry virtually takes the right away. Not only that, but in the event of changes in the politics of the country, the anti gun lobby will know where the guns are.
2:55 pm
because of the bad apples in our society, ( Gangsters ) of all races . The feds. saw fit to require honest citizens, to 1.) Show that they are not criminals, by requireing background checks, 2.) that they can show knowledge on how to safely handle a weapon. .
The present Government-IS looking to infringe on our right to even KEEP firearms in our homes for self protection, let alone carry, with a permit, on the streets of a thus far free nation. Slowly, they will chip away at the second amendment, with the goal to disarm every law abiding citizen. Thus, as England, Australia has done. Their guncrimes have sky rocketed, since the country is a ” gun free zone”- though not for the criminal, who by nature does not obey laws. We are a nation under seige from within !! And from other countries, and religions. The enemy has taken advantage of our constitution to furthar their agenda. Sooner or later, Boston will seam like childs play, if and when they decide to go NUCLEAR.
4:17 pm
False Expectations Appearing Real.
Anyone who believes the “Gummint” is going to take away their guns is too stupid to own one. Stop buying the BS and Let’s keep Crazy people hurting innocent people.
10:47 pm
I live in the State of Maryland, the state that will not let you protect your self. Now the right to own a concealed weapons permit is being challenged in court. To get a concealed permit in Maryland one has to give a reason why you want a permit. The right to protect you self does not count. But it is my right as an law abidding citizen with not criminal record and having been on a police force in the past. But i can not get a permit in Maryland without a reason that the State will except.
11:03 pm
You would be better off in Texas, guaranteed. I don’t have a license to carry, but I’ve heard a lot of stories.
4:16 pm
Pennsylvania accepts “self-defense” as a reason. They provided me with an application that listed reasons that I just had to check off. It was easy. I had to get a form signed by my local police department saying I had no record. Then, I took the paper to the county seat (Norristown, Montgomery Cty.), paid $20, filled out the application, had my photo taken and placed on my license, which they handed me right there. It was a piece of cake.
7:30 pm
I see that Maryland just suspended two very young students. for using their fingers as a “gun” while playing “cops and robbers.”
http://baltimore.cbslocal.com/2013/01/15/parents-furious-after-young-boys-suspended-after-playing-with-imaginary-weapon/
This is crazy.
4:07 pm
Although the internet is rife with it, there’s nothing worse than someone dispensing information with that “air of
authority” and being dead wrong. States laws vary and
in Ohio you will NOT be sued for a justifiable self defense shooting. It is not allowed. Laws vary from state to state. Please get your facts straight.
11:47 am
Frank I live right near Columbus in Ohio. So if we were justified in self defense we wouldn’t be sued? that’s good stuff to know. I was thinking when I saw this site, “yeah it would be nice to have that permit” but being sued if you defend yourself seems insane. Thanks, and yeah im thinking of a .45acp for the firearm. what ya think?
12:51 am
Hey DG!
I feel the same as you. I live in Cols and after reading your response I was wondering if you have gotten more updated via responses of your own investigation. I am currently enrolled for a Mar class at NASR. Thanks,
Wm,
Micah 6:8
6:03 pm
DG? If you shoot anyone, criminal or otherwise, even while protecting you and your family, THEIR family CAN, and most likely WILL, sure you in civil court for some lame* excuse like you took away the criminals children’s right to a normal life. You can just about bet on that. I did everything according to the laws here in Texas, when I got my concealed handgun license (got finger printed and had to pass an extensive background check) and the instructors will always tell you to think carefully before using your guy, whatever the circumstances may be, because 9 times out of 10, someone in that criminals family WILL sue you for something. Yes, it can help you save your life and or your family members lives, but because of what society has become (a sue and you might get some money back), you can pretty much bet you will get safe. Even if you carry a firearm legally, the best advice I have ever heard is – “The best way to avoid confrontation, is to leave”. IF YOU CAN. Well, they can sue all they want to but I will protect myself and my family, no matter the cost.
12:17 pm
The State of Georgia grants immunity from civil and criminal actions when a gun is used in self defense. It doesn’t get any better than that.
4:36 pm
Although one has a concealed carry permit does not mean you must have a gun. Times are hard now and it may become necessary to have to sell some of your valuable possessions to put food on the table. If anyone ask, one of those possessions “might” have been your gun. You know what I mean.
1:47 am
what good is the permit, without a gun ?? and If you have a gun, will it not be better to have a permit ??
4:56 pm
when we get a new president i will get my c.c. permit.until then i will just wing it.
8:38 pm
what does that have to do with a hill of beans if you or your familey are being harmed.
1:07 am
I live in Arizona, and here,,, it truly is the WILD WEST as we remember it. Just slightly modernized. In a self defense / Justifiable shooting, even if it kills the offender, You cannot be sued for it and most times, if you end up having a firefight, SOMEONE will hear and see it. Hints: self-defense. Unless you use a silencer and then you should be in prison anyhow.
4:20 am
http://vnnforum.com/archive/index.php/t-75541.html
Silencers are legal in Europe. They do not like noise and think we are nuts not to use them.
5:24 pm
Sound suppressors let you shoot without headgear and allows you to be away of your surroundings because of it. If in an emergency someone yells stop shooting you will hear it before it’s too late.
9:07 pm
Your better off getting shot or stabed ,ran over,than use a legally concealed weapon. The perp has more rights than any law abbidding citisen .You protect yourself or your loved ones, and before you know it the goverment has you locked up and the lawyers get your house and all your possesions for a lousy defence .P.S. if the perp survies he will be sitting in your easy chair if the layers haven’t already have taken it. Live free defend at a high cost.
6:06 am
Better to have a CC license and not need it then to not have one and need it…such as traveling. You dont have to carry your firearm every where. But lets say you have a sudden need due too a crazy neighbor moving in across the street, or your are traveling to another state and your on the highway a lot..you cant just get a license in a few weeks and start carrying a firearm. So , dont be afraid of being in some govt. data base and taking your guns and go take the class and apply, better to be safe then sorry. Also, in the class in Oklahoma I learned a lot of the legal issues that can be used even in defending your home where you are allowed to have a gun without a license. Good basic training never hurts on any issue.
7:18 pm
what happens in self defense case if you or or family is getting hurt or attacted by someone and you shoot them with out a permit would you go to prison.
9:27 pm
No, you will not go to prison for shooting in self defense
of your family members, even thou. you don,t have a cc permit. But, you can go to jail for having a illegal fire
arm in your possesion.
To me, it would be worth it to save a family member.
I am a retired Private Detective and some laws the courts
will go real easy on you. I live in Ohio.
1:56 pm
A wise man told me this weekend it is better to be judged by 12 than carried by 6.
12:42 pm
I don’t like guns and would MUCH rather be shot by a car jacker than a neighbor’s kid BUT “law enforcement” is an IDEA. It can’t even “enforce”, let alone “protect”. The fact that so many don’t understand that might seem “silly” but those “silly” people are relinquishing your rights at an alarming rate – in exchange for promises of protection that cannot be kept. Law enforcement can’t “protect”. No matter how many rights you give away in exchange for what people believe is “protection”, the law kicks in AFTER the fact i.e. blood first, THEN “protection”.
1:01 pm
Those who tell people they can’t carry are no different than those who believe them. The only people who can’t carry in a “no carry” state are those who fear the courts. If defending yourself in court frightens you…then MAYBE carrying a gun isn’t the best idea. I’d rather live in a state where people do what they need to do than a state where people ONLY carry because “dad” said they could.
4:57 pm
I was trained in class you only pull that gun out if your life or families life is danger. I would die for my family so I would definitely go to jail for them. You pull that trigger you will never be the same anyway just make.sure you killem
1:58 am
should the bag guy’s have all the right’s.well those of us who take time to get trainning what now,what do we have ??? can’t the big guy’s see this???
9:10 pm
In Tennesse, a safety course is required, followed by a shooting test at a certified range and observed a certified trainer. I learned a lot from the 8 hour class and felt it was worth the money. The CCW permit then costs another $135 for a five year term.
Now my biggest concern is the audit trail that these regulations have left of my business. The current regime offers some real elements of hightened awareness of how unfree our nation is becoming.
1:12 am
I suggested yo all read this. http://www.huffingtonpost.com/richard-feldman/gun-laws-concealed-carry_b_1924394.html.
9:24 pm
True story. I travel alot and I have a CC permit and a hand gun. A motorist got mad at me for passing him, he gave me the finger and I gave him the finger back. He gets behind me and calls 911 and tells them that a black man just pointed a gun at him. My weapon never left my glove compartment. I get arrested, convicted, lost the appeals and I’m being sentenced to 3 years mandatory. This guy lied on the witness stand 3 times, he didn’t know what my weapon looked like and he’s a convicted felon himself. I have no criminal record. This happened in Lake county Florida. I’m in jeopardy of losing my business, my family, and missing my little girls high school graduation. I really need some help. I’m at wits end.
1:09 pm
AT this point since you have been arrested & convicted it is a difficult process. If you have been judged by a jury of your peers it is a long uphill battle unless there was another motorist who saw something. Hopefully you can petition to have house arrest or community control which would allow you to go to work or be home without being behind bars.
Thats why with a firearm you have a greater level of responsibility. I am a member of USCCA and have the defense shield. I suggest anyone who reads this & doesnt have adequate protection GET IT.
I hope things work out for you
6:22 pm
I see one of the issues of this case is when you entered into the arguement with the other driver by showing him your finger. Remember, when carrying, we hold ourselves to a higher standard. That way we hopefully do not get into these situations.
6:30 pm
I live in Florida and I am going to get my concealed permit . I do have a question! Do any states replicate concealed licenses. Would my permit be good say in Michigan? or any of the states between Florida and Michigan.? This I need to know
1:25 am
There is a map on this website that shows you what states honor other states ccw permits.
11:21 pm
mr. schmidt. My name jim .I went the sheriff dept to renew my ccw;they said i had sealed record .That was40 years ago Theft only Felony. My wife and l had it expunge in 1999.I have only one speeding ticket.This is the twist; I was able to have ccw from 12/11/07 ex12/11/12.Now logan county ohio .Will not isue me one.HELP HELP. THANK YOU. ps. im a member
2:06 pm
Jim, I would contact the Attorney General the contact information is 30 E. Broad Street 17th Floor Columbus, OH 43215 Phone 614-466-4320. Good Luck!
9:20 pm
LOOK WHAT HAPPENED IN MASS. No gun was used 140 injured. At least 3 dead. Some of the 12 critical may also die. NO GUN WAS USED. No more gun controls! The criminals will use bombs as they did here. Write your congress people. This is a great example as to why gun controls don’t do anything good.
9:01 pm
I have a carry permit for Fl, and UT, I live in the state
Where the Govenor’s make your car plates for you, IL
Yes the last state to ban CCW’s. I will move as soon as I can! Anyway, when I get home I can take out my wallet and replace it with my gun,which I do. But here I am in a state where I can carry but my work or TSA WILL NOT LET ME TAKE A GUN TO WORK “pilot” This Rae.ly seem to defeat spending all this cash so you can carry.
I want to carry when I am in the back woods on vacation to protect my family! Now if I where a crackhead I would just carry anyway! Just can’t seem to carry without big brother wanting to stop the good guy that just wants to ward off Evil !
9:04 pm
Sorry did not prof read
This really
And wanting
11:22 am
In Oklahoma if you kill in self defense you are also exempt from civil liability. If you are inside your home, or car all you have to do is have reasonable fear for your safety to use deadly force. Someone kicking on your front door can be shot through the door, as the instructor in the CC class I attended said ” if you kill them, they police only hear your side of the story”.