Ask An Attorney by USCCA

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What's your life worth? Ask An Attorney by USCCA is a podcast that discusses the questions surrounding firearms and self-defense of responsibly armed Americans. Hosted by Concealed Carry Magazine's Executive Editor, Kevin Michalowski, and Wisconsin Crimin

USCCA


    • Dec 8, 2020 LATEST EPISODE
    • infrequent NEW EPISODES
    • 41m AVG DURATION
    • 32 EPISODES


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    Latest episodes from Ask An Attorney by USCCA

    What Happens if You Go to Trial?

    Play Episode Listen Later Dec 8, 2020 7:42


    In general, only about 1-4% of cases make it to trial. If your case goes to trial, what happens? What do you do during the process? Today, Tom will break it down in 5 minutes. Visit on the web at uscca.com, Instagram, Twitter, YouTube, and Facebook Trial, Motions, Jury, Judge, Legality, Evidence, Defendant, Defense Attorney, Witnesses, Attorney, Ask an Attorney, Lawyer, Discovery, Prosecutor, Negotiations, Brief, Counter-Brief, Bail Conditions

    What Happens at the Initial Court Appearance?

    Play Episode Listen Later Dec 1, 2020 6:26


    After you're charged with a crime in a self-defense incident, what happens at the initial court appearance? Today, noted criminal defense attorney, Tom Grieve, returns to answer that question. Visit on the web at uscca.com, Instagram, Twitter, YouTube, and Facebook Court Appearance, Self-Defense Incident, Criminal Complaint, Probable Cause Document, Prosecutor, Defendant, Plea, Arraignment, Pre-Trial, Trial, Leverage, Ask an Attorney, Lawyer, Attorney

    What Happens if You're Charged with a Crime?

    Play Episode Listen Later Nov 24, 2020 7:17


    Today, Kevin and noted criminal defense attorney, Tom Grieve, discuss what happens if you're charged with a crime, and what should you do? As Tom puts it bluntly: you need to have an attorney now! Visit on the web at uscca.com, Instagram, Twitter, YouTube, and Facebook DA, District Attorney, Misdemeanor, Felony, Statute of Limitations, Court Summons, Warrant, Arrest, Ask an Attorney, Lawyer, Attorney, Prosecutor, Criminal Charges

    What Are the Police Looking for in an Investigation?

    Play Episode Listen Later Nov 17, 2020 7:56


    Tom and Kevin return to discuss what the police look for in a self-defense investigation, and what you can do to help yourself during this situation. Visit on the web at uscca.com, Instagram, Twitter, YouTube, and Facebook Investigation, Police, Witnesses, Warrant, Subpoena, Social Media Posts, Ask an Attorney, Attorney, Lawyer

    How Does Bail Work?

    Play Episode Listen Later Nov 10, 2020 6:35


    Bail works differently in different jurisdictions. What's a cash bond? What's a signature bond? Today, Tom Grieve returns to answer these questions, and more. Visit on the web at uscca.com, Instagram, Twitter, YouTube, and Facebook Bail, Bail Bond, Cash Bail, Jail, Arrest, Bail Bondsman, Signature Bond, Personal Recognizance Bond, Self-Defense Case, Self-Defense Incident, Self-Defense Shooting, Bail Jumping, Bail Agreement, Ask an Attorney, Lawyer, Attorney, Court

    What Do You Do When Police Take You in for Questioning?

    Play Episode Listen Later Nov 3, 2020 8:07


    You are going to be taken in for questioning. Where do you go from here? Do you get that “one phone call”? Noted criminal defense attorney, Tom Grieve, returns to answer that question. Visit on the web at uscca.com, Instagram, Twitter, YouTube, and Facebook Arrest, Questioning, Police, Detained, Charged, Miranda Rights, Right to an Attorney, Bail, Probable Cause, Investigation, Ask an Attorney, Lawyer, Attorney, Jail

    When Do Police Officers Have to Read Your Rights?

    Play Episode Listen Later Oct 27, 2020 7:07


    Everyone has seen police scenes in the movies, but remember, that's fiction. In reality, there's lots of information about police regarding Miranda rights. Ultimately, do the police have to read you your Miranda rights? Tom Grieve returns to answer that question. Visit on the web at uscca.com, Instagram, Twitter, YouTube, and Facebook Miranda Rights, Police, Justice System, Custody, Arrest, Guilt-Seeking Questions, Interview, Questioning, Attorney, Ask an Attorney, Lawyer

    What Should I Say to the Police on the Scene?

    Play Episode Listen Later Oct 20, 2020 8:08


    The police have arrived; now you have to talk to them. Today, Tom Grieve discusses what should be said—and not said—to the police when they question you on the scene of a self-defense incident. In short: limit the flow of information. Visit on the web at uscca.com, Instagram, Twitter, YouTube, and Facebook Police, Interview, Self-Defense Shooting, Victim, Bad Guy, Suspect, Evidence, Statement, Attorney, Ask an Attorney, Lawyer, The Right to Remain Silent, Miranda Rights

    What Should I Do When the Police Arrive?

    Play Episode Listen Later Oct 13, 2020 7:22


    Tom Grieve is faced with a new question he must answer in 5 minutes: what should you do at a self-defense indecent when the police arrive? Visit on the web at uscca.com, Instagram, Twitter, YouTube, and Facebook Police, Dispatch, Responding Officer, Self-Defense Shooting, Self-Defense Incident, Deadly Threat, Police Commands, Judicial Process, Attorney, Ask an Attorney, Lawyer

    What Are the Elements of a 9-1-1 Call?

    Play Episode Listen Later Oct 6, 2020 7:42


    Noted criminal defense attorney, Tom Grieve, returns to answer another question: what are the elements of a good 9-1-1 call, and what should you say or not say? Visit on the web at uscca.com, Instagram, Twitter, YouTube, and Facebook Situational Awareness, 9-1-1 Call, Condition White, Condition Yellow, Lethal Force Encounter, Dispatcher, Responding Officer, Attorney, Ask an Attorney, Lawyer

    What Justifies Deadly Force?

    Play Episode Listen Later Sep 29, 2020 7:11


    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? Visit on the web at uscca.com, Instagram, Twitter, YouTube, and Facebook 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

    Self-Defense, Use of Force, and Protests - July 2020

    Play Episode Listen Later Jul 1, 2020 70:49


    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. Shownotes: Do I have a duty to retreat? At what point can I use deadly force? (~1:32) As a trained CCW holder I'm trained to stop the threat. If the attacker gets back up after going down and tries to run away should I just let him go? (~12:08) Discussion of the Seattle CHOP Zone. (~14:00) If police aren't protecting people who work or live in the occupied zone of Seattle what does that mean for me legally if I have to use deadly force to defend myself? (~18:25) Discussion of multiple attackers and attackers lying to police. (~27:00) What are my legal rights regarding self-defense if I go to a protest to guard a business or property, such as a statue? (~28:00) Can I legally carry in the Seattle autonomous zone? (~35:35) I have no choice but to walk past a bunch of statues on my way home from work. What do I do if rioters are trying to tear the statues down and I can't get away? (~41:02) How do I ensure my neighborhood isn't occupied? (~43:35) With everyone wanting to tear down statues why are people fine using money with the same faces on it? (~44:00) As an attorney would you want your client to record everything if they attended a protest? (~45:07) Discussion of a girl who ran across the street and stole a neighbor's Nazi flag. The owner of the flag shot her repeatedly with a rifle and left her in the street. (~50:55) Discussion of video of a counter-protester guarding a monument being attacked. (~57:55) Discussion of video of someone handing out semi-automatic rifles at a protest in Washington State. (~1:04:05) More to Explore: Visit on the web at uscca.com, Instagram, Twitter, YouTube, and Facebook 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,

    Facing Rioters as Gun Owner - June 2020

    Play Episode Listen Later Jun 4, 2020 61:19


    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. Shownotes: Discussion of civil unrest as it was occurring summer of 2020. (~1:15) Does the Castle Doctrine apply to your vehicle? (~3:50) At what point can a law-abiding gun owner assist police officers who are being overwhelmed by protestors? (~18:00) Are rioters throwing bricks at your house considered a deadly threat? (~20:20) If someone is holding a molotov cocktail and appears to be about to throw it at my home is it considered a deadly threat? (~21:42) Polk County Sheriff Grady said if rioters had to be shot, to shoot them. What does this mean legally? (~32:44) If I'm being threatened by rioters and looters and I call the police will they even come? (~37:58) What are the legal risks gun owners face from things like martial law due to protests and riots? (~41:05) What happens if you're detained by police at a protest while wearing your concealed carry gun? (~46:50) Does attending a protest mean you cannot defend yourself from an assault? (~51:21) If I get arrested at a protest can I lose my Second Amendment rights? (~53:10) Can I be arrested just for having my concealed carry firearm at a protest? (~56:10) More to Explore: Visit on the web at uscca.com, Instagram, Twitter, YouTube, and Facebook 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 - May 2020

    Play Episode Listen Later May 1, 2020 56:03


    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. Shownotes: How important is it to document the firearms training you've gotten? (~2:33) Immediately following a shooting what kind of things does a prosecutor look for to decide whether or not it was a justified shooting? (~10:33) Discussion of modifying your carry gun. (~22:15) Should you only draw your gun if you're absolutely going to use it? Is it brandishing if you draw it and end up not using it? (~38:40) Discussion of defense of property. (~43:00) Discussion of warning shots. (~47:00) Discussion of the use of warning shots in a trespassing situation. (~48:00) Discussion of Castle Doctrine and its relation to prior conversations. (~53:15) More to Explore: Visit on the web at uscca.com, Instagram, Twitter, YouTube, and Facebook 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

    Don't Lose Your Gun Rights - April 23, 2020

    Play Episode Listen Later Apr 23, 2020 56:45


    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. Shownotes: What happens if you're convicted of a felony? (~2:15) Discussion of federal statute 18.USC.922(G). (~4:45) Discussion of case where a teenager buried stolen beer in the backyard of his parent's house. (~10:00) Discussion of red flag laws. (~14:00) If you're the subject of a restraining order do you automatically lose your gun rights? (~25:05) Should you admit to marijuana use on the Form 4473? (~33:20) Discussion of domestic violence and gun rights. (~39:12) More to Explore: Visit on the web at uscca.com, Instagram, Twitter, YouTube, and Facebook 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

    Pandemics and Gun Rights - April 2, 2020

    Play Episode Listen Later Apr 2, 2020 59:08


    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) More to Explore: Visit on the web at uscca.com, Instagram, Twitter, YouTube, and Facebook 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

    Guns and Marijuana - February 27, 2020

    Play Episode Listen Later Feb 27, 2020 57:02


    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. Shownotes: Discussion of Tom Grieve's initial thoughts on marijuana use and firearms. (~1:00) Does using THC for sleep affect your ability to carry the next day? (~2:55) Discussion of lack of case law regarding CBD Oil. (~4:50) If you have a medical marijuana card and live in Illinois can you still have a FOID card? (~9:50) Why was it so easy to make marijuana legal in some states but still so hard to get gun rights enforced? (~13:39) My wife has multiple sclerosis and medically prescribed marijuana. How does that affect my own gun rights? (~15:36) Can they seize my firearms that I already own when I get my medical marijuana card or can I just not buy new firearms? (~18:27) I'm a retired LEO and my wife is a retired, disabled veteran. If she starts using medical marijuana and I am the one who has to pick it up for her will it hurt my right to carry? (~19:35) What licensing and monitoring goes on for farmers growing industrial hemp? (~21:40) As a USCCA instructor do I have the right to turn down someone with a medical marijuana card from training? (~23:51) In Illinois when entering a medical marijuana store they scan your driver's license. Does that information get shared with law enforcement? (~24:50) How many times has the head of the Wisconsin Hemp Manufacturer's Association been audited? (~26:15) If you're a cannabis farmer can you have firearms on your farm? (~27:45) Why aren't people who lie on their Form 4473 get prosecuted? (~29:45) I'm an Uber driver and carry while driving. If I get pulled over and the police find the marijuana on the person I am transporting can I be prosecuted? (~30:48) If I am prescribed a controlled substance by a doctor, not marijuana, can I still carry? (~33:02) If marijuana is legalized on a federal level can I use it like alcohol and still carry? (~35:54) Can you please explain block 11E on Form 4473? (~38:13) Can a person in Florida lose their gun rights even with the scheduling change made to medical marijuana? (~39:05) How am I supposed to answer the Form 4473 if I use medical marijuana? (~42:00) Do I need to be worried about selling private firearms to medical marijuana users? (~43:34) If my roommate uses marijuana and I do not, and I shoot a home invader in self-defense, can his marijuana use hurt me? (~46:13) I don't think marijuana and firearms belong together. What do you think? (~47:55) Discussion of impairment and firearms. (~50:00) I carry. Is it illegal for me to be in the car with someone carrying medical marijuana. (~51:51) If I test positive for THC even though it's been days or weeks since I used it can it still hurt me after a self-defense shooting? (~53:22) More to Explore: Visit on the web at uscca.com, Instagram, Twitter, YouTube, and Facebook

    Being the Reasonable Person - January 31, 2020

    Play Episode Listen Later Jan 31, 2020 55:09


    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. Shownotes: If I go to a bar and there's a no firearms sign how should I store my gun in my vehicle? (~0:33) Will a security camera help me defend myself if I'm involved in a self-defense situation? (~2:58) What does Stand Your Ground mean? (~5:45) Can I alternate hollow points and full metal jacket rounds in my carry gun? (~8:22) Discussion of defense of third party. (~10:53) If I'm disabled can I walk to my car with my gun in my hand or do I have to wait for a threat to draw it? (~11:51) If I'm surrounded by multiple attackers who are threatening to jump me can I draw my gun? (~13:51) If I'm in the store and there's an active shooter can I escort my spouse to safety and return to stop the threat? (~17:00) Does HR218 let me carry in places where I don't have a concealed carry permit and/or past no gun signs? (~19:15) What is the brightest light I can put on my home defense rifle? (~20:37) Is a handgun more defensible in court than a shotgun or rifle for home defense? (~22:19) How do you know when to shoot? (~24:20) Can a light be too bright with white walls? (~27:25) My state lets me keep my gun locked in my car on school grounds. If there was a school shooter could I legally retrieve my gun from my car to stop the shooter? (~29:44) If you pull onto your property and catch someone committing a crime can I exit my vehicle and draw my gun? (~31:22) If I am in a state that honors my concealed carry permit how do I know when to draw my gun to defend myself? (~33:38) Should I shoot to kill or shoot to wound? (~34:22) What determines if a self-defense shooting that results in death of an assailant should be prosecuted? (~35:45) Are any defensive rounds or calibers considered excessive by prosecutors? (~36:40) When defending a third party should I warn the attacker before getting involved? (~30:31) Should I use the same ammunition local law enforcement uses? (~40:06) I'm disabled, what should I do if I'm threatened? (~41:50) Could I be charged for using my gun in self-defense at home when I've been drinking? (~43:04) What happens if I shoot someone in the back when they've broken into my home? (~45:50) In California you can't carry within 1000 feet of a school. If there are a lot of schools in an area what do I do? (~47:45) What can I do to further Second Amendment rights? (~48:58) If you go to a protest with your concealed carry gun – and you have a valid permit – and get caught, what happens? (~50:05) Can you say “police” or “halt” to try to stop a third party assault? (~51:25) More to Explore: Visit on the web at uscca.com, Instagram, Twitter, YouTube, and Facebook bar, vehicle, self-defense, cameras, Stand Your Ground, duty to retreat, hollow points, full metal jacket, candy striping, 380 ACP

    Inside the Laws of Self Defense - December 5, 2019

    Play Episode Listen Later Dec 5, 2019 64:35


    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. Shownotes: What is the first thing you should do after a deadly force incident? (~0:55) Can I defend the outside area of my property if necessary? (~5:31) Can a law enforcement officer legally disarm you during a traffic stop? (~7:13) Do I have a duty to render aid to my attacker after I have shot them and stopped the threat? (~9:49) As someone who is disabled is my yardstick for self-defense the same as that of an abled body person? (~13:08) If I can't have alcohol in my system when carrying a gun, can I drink if I just have a knife? (~15:35) What are the potential legal implications of carrying a backup gun? (~18:15) What are my rights carrying a firearm when in my car? Concealed or open carry? Loaded or unloaded? (~20:21) Discussion of biometric gun safes and fingerprints. (~25:00) Please explain duty to retreat and if it means I must leave behind people who may be unable to protect themselves. (~26:34) Discussion of jury instructions. (~30:45) If I have a concealed carry permit can I have my firearm in the open in my vehicle? (~32:25) After a deadly force encounter would the fact I was carrying a backup gun shape the case in a negative manner? (~35:05) What is the best concealed carry handgun in size, weight, and knockdown power? (~36:33) When faced with a mass shooting incident what are the legal implications of taking down the shooter if you aren't directly involved in the incident to begin with (defense of third person)? (~39:35) What is the risk of using a trained attack dog versus a firearm or other weapon for self-defense purposes? (~41:45) If I put my handgun in the center console of my vehicle and my girlfriend, who does not have a concealed carry permit, is in the passenger seat, is that a legal problem? (~43:44) Can you shoot a home intruder through the front door? (~46:50) Can having a laser or red dot sight on my carry gun cause problems after a self-defense shooting? (~48:55) Is an 80 percent firearm a bad idea for self-defense use and can I load it with reloaded ammunition? (~50:45) Is a no guns posted sign just a warning? Can I carry in that area anyway? (~55:00) Do I need up-front attorney fees if I use deadly force to defend my life? (~57:01) Which is better for home defense, a handgun, shotgun, or rifle? (~58:22) When defending a third party should you warn their attacker before defending them? (~1:00:55) More to Explore: Visit on the web at uscca.com, Instagram, Twitter, YouTube, and Facebook 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

    The Force Continuum - November 21, 2019

    Play Episode Listen Later Nov 21, 2019 52:19


    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. Shownotes: Does USCCA have a state-specific summary of gun laws on its website? (~1:00) What constitutes a deadly weapon? (~2:16) How do the rules of deadly force change, if at all, during the twilight hours? (~9:15) Is it a good idea to carry a smaller backup gun? (~5:25) If I'm present when someone breaks into my house but the intruder isn't obviously armed, what should I do? (~8:00) Am I supposed to shoot to kill? (~10:41) What is the difference between wounding and killing someone from a legal standpoint? (~11:40) Can I carry a concealed firearm at a public campsite? (~12:34) How can you be “nice” about letting police know I want to talk to my lawyer before I talk to them? (~13:12) What's the difference between force and deadly force? (~14:32) At what distance is a good shoot against a deadly threat? (~15:40) What can I do so police don't mistake me for the bad guy during an active shooter situation? (~17:57) Can a weapon-mounted light be used against me in the aftermath of a self-defense shooting? (~19:12) Do the courts treat disabled people differently than able-bodied people after a self-defense shooting? (~20:45) Am I legally bound to render aid to an attacker after I've shot them in self-defense? (~23:01) What are the legal repercussions of stepping in to help a third party who is being attacked? (~25:00) Is a show of force – making it clear I have a gun – a good or bad idea from a legal standpoint? (~26:43) If I use my weapon-mounted light to identify a threat and it isn't actually a threat can I be charged with brandishing? (~30:33) Do most home invasions happen during the day or at night? (~33:36) Is it okay to leave the scene of a self-defense shooting before the police arrive? (~34:22) If I'm shooting at an active shooter in a church what does that mean legally? (~35:58) What should I tell a 911 dispatcher to get the police to my location? (~37:32) After a self-defense shooting should I tell police about other non-gun weapons I have on my person? (~39:20) What should I do if 911 calls me back after I hang up? (~42:02) How bad is it legally, really, when lethal force is used? (~43:06) May I shoot through my bedroom door when I hear a home invader or do I have to open the door first? (~43:46) What's the best way for someone in a Power Chair or Rascall to carry their gun concealed? (~45:05) What are the legal ramifications of carrying a gun in a business posted against guns? (~45:50) If I'm walking my dog and another dog attacks my dog can I legally shoot the attacking dog? (~47:07) What are the legal consequences of shooting an aggressive dog? (~48:25) More to Explore: Visit on the web at uscca.com, Instagram, Twitter, YouTube, and Facebook

    Use of Force FAQs - October 24, 2019

    Play Episode Listen Later Oct 24, 2019 41:42


    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) More to Explore: Visit on the web at uscca.com, Instagram, Twitter, YouTube, and Facebook 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

    Making Smart Choices - September 12, 2019

    Play Episode Listen Later Sep 12, 2019 56:41


    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: When traveling in my car can I carry my gun concealed or does it have to be locked up? (~0:58) Should a private citizen who is not law enforcement attempt to detain a lawbreaker? (~3:12) If I'm involved in a self-defense shooting do I have no choice but to also allow the police to search my entire home? (~7:24) If you walk into a convenience store and see someone threatening another person with a gun should you get involved? (~10:03) What should you do if another concealed carrier draws their gun and starts shooting at an attacker? (~13:18) Is it usually legal to carry more than one gun? (~14:39) Do the same laws apply to guns and secondary weapons such as pepper spray? (~15:40) Is it good practice to pay for range time and gear with a credit card to keep a record of the transaction or can it be used against me in court? (~17:30) What happens if you act in self-defense in a public place and injure an innocent bystander? (~20:17) How often should I practice at the range? (~22:45) Discussion of negligent discharge. (~24:51) Where should I put my gun immediately after a self-defense shooting? (~25:12) What are the benefits to being LEOSA certified? (~27:18) Should I tell a law enforcement officer that I have an AR pistol in my vehicle during a traffic stop and how do I explain it is a non-NFA item? (~28:30) Can you shoot someone who has a weapon and is trying to break into your home at night? (~35:11) If someone aims a gun at me and I don't know why, can I use deadly force to defend myself? (~37:43) If the police want to search your house absent exigent circumstances should I tell them to get a search warrant? (~39:20) My Colorado concealed carry permit is no longer valid. I applied for a new Oklahama concealed carry permit but haven't received it yet. Will non-resident permits from other states be recognized by Oklahoma? (~41:40) What do I do if a bad actor is telling law enforcement I'm the one who is a bad guy? (~42:47) When is it legally defensible to draw my gun against a deadly threat? (~45:05) What happens if you check your gun for a flight but your flight ends up delayed to a state where the gun laws are not friendly to the guns you checked? (~46:51) Does an attacker have to have a weapon of some sort in order for me to see them as a deadly threat and respond in kind? (~49:23) Is it safe to carry a round chambered? (~52:25) I don't have a concealed carry permit. Can I legally transport my guns, locked in a case, between Ohio and Florida? (~53:40) More to Explore: Visit on the web at uscca.com, Instagram, Twitter, YouTube, and Facebook law enforcement, reasonable force, deadly force, self-defense, self-defense shooting, searches, totality of circumstances, innocent bystander

    Q and A with Lawyer Tom Grieve - August 22, 2019

    Play Episode Listen Later Aug 22, 2019 49:24


    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: Should I carry handcuffs so I can detain an assailant instead of having to use my gun? (~0:25) Should I try to “surprise attack” an assailant with my gun? (~3:37) How long can the police hold me after a self-defense shooting? (~6:34) How does bail work? (~8:23) Does the type of ammunition I use during self-defense matter from a legal standpoint? (~15:15) Is there such a thing as too big a caliber for self-defense handguns? (~20:45) If I or someone else is jailed how do I get them – or myself – their prescription medications? (~22:00) Do I have duty to report a crime? (~25:00) What should you do if you're stopped at a red light and someone stops alongside you and aims a gun at you? (~29:20) Will attorneys accept cold calls or do you have to have them on retainer prior to the event taking place? (~32:35) If an armed intruder is in the process of breaking into my home but not yet completely inside am I legally allowed to use my gun in self-defense? (~35:35) What are the potential legal implications of going to check out a sound on my property while holding my handgun in my hand? (~38:30) Do you have a duty to inform a law enforcement officer you have a concealed carry firearm during a traffic stop? (~42:57) In addition to mentioning your right to remain silent and your right to an attorney should you tell law enforcement officers they do not have the right to search your property? (~44:40) More to Explore: Visit on the web at uscca.com, Instagram, Twitter, YouTube, and Facebook 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

    Training Tricks and Tips - July 25, 2019

    Play Episode Listen Later Jul 25, 2019 60:15


    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: Discussion of a knife attack on an unarmed stranger video done on Proving Ground. (~0:26) If the bad actor has some sort of advantage, such as a knife or gun out, do I still have time to draw my own gun? (~8:40) Discussion of weapon focus. (~13:00) What should I do when faced by multiple attackers? (~16:35) How do you train to shoot moving targets? (~18:48) As someone who is known as a serious reloader will being a reloader hurt me from a self-defense standpoint? (~19:55) If my company has a no weapons policy can I carry to work and leave my gun in my vehicle? (~23:13) Is it considered brandishing or displaying a firearm if it never leaves the holster? (~24:24) What verbal commands should I give during a self-defense situation? (~26:20) Is a 10mm too much for self-defense? (~27:50) If the police ask why you got involved because you aren't law enforcement, what should you say? (~32:35) What if my attacker has accomplices? (~34:30) Does psychological distraction work instead of basic commands during an assault? (~36:03) If someone knows I have a gun and is confronting me what should I do? (~38:15) What happens if I modify my carry gun's trigger to make it lighter? (~40:42) What if the attack or threat turns into a hostage situation? (~43:03) What happens if an innocent bystander is injured because I did or did not act? (~45:07) If someone sees my concealed gun at the grocery store and calls the police will I be in trouble? (~49:13) Discussion of video where women fires 7 shots in a Walmart. Judge decided first 5 shots were justified and final 1 were not justified. (~54:22) More to Explore: Visit on the web at uscca.com, Instagram, Twitter, YouTube, and Facebook 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)

    Deadly Force 101 - June 20, 2019

    Play Episode Listen Later Jun 20, 2019 66:54


    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: Is there a point at which too much time spent training annually affects me negatively in case of a self-defense shooting when dealing with a prosecutor? (~1:03) If I'm involved in a self-defense shooting can my spouse be compelled to testify against me? Can they be questioned on the scene instead of waiting for an attorney? (~4:33) Should I immediately lawyer up following a self-defense shooting? (~8:15) Do I need to show the officer my concealed carry permit during a traffic stop in the state of Wisconsin? (~12:53) I'm on blood thinners. Do I need to announce my condition to a potential assailant? (~17:43) If I am disabled in some way am I allowed to draw my gun at an earlier point in an assault than any able-bodied person might? (~21:10) What training should my spouse have for self-defense compared to my own training? (~22:28) If I defend myself against a road rage attack by using pepper spray do I still need to all 911? (~24:45) Is it considered brandishing or displaying a firearm if it never leaves the holster? (~25:45) If I am sitting outside on the patio and realize an intruder has broken in through another door, what can I do from a legal standpoint? (~27:17) Should I get a lawyer before I answer any questions at all in the aftermath of a self-defense shooting? (~30:41) In a market flush with attorneys what criteria should I use when choosing one for a potential self-defense case? (~32:00) If I have a flat tire and pull over to change, and encounter three potential multiple attackers after having removed the tire – and you have small children in the vehicle and cannot retreat – can you use your gun in self-defense? (~36:20) When the police take my gun after a self-defense shooting would they also take my spouse's gun? (~41:14) If my neighbor is being attacked on their property am I within my rights to defend them? Also, if I am at a red light and a man is assaulting his girlfriend on the street, am I within my rights to defend her? (~44:40) How do I choose my gun and caliber for self-defense? (~47:15) How much does my social media get looked at by the prosecutor after a self-defense incident? (~51:30) Should I help an officer who is being attacked? (~53:50) How long does it usually take a lawyer to respond to a call for representation following a self-defense shooting? (~56:20) As someone who is known as a serious reloader will being a reloader hurt me from a self-defense standpoint? (~1:00:18) Does reducing my trigger pull by half hurt me from a self-defense standpoint? (~1:02:32) More to Explore: Visit on the web at uscca.com, Instagram, Twitter, YouTube, and Facebook self-defense, Castle Doctrine, Stand Your Ground, criminal law

    Good Guys and Bad Actors - May 23, 2019

    Play Episode Listen Later May 23, 2019 63:41


    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: If I carry past a “no weapons allowed” sign and an employee asks me to leave but a self-defense scenario takes place before I can leave the property, what happens? (~0:55) Does it matter if I use my spouse's gun for home defense instead of my own? (~4:18) Is there any circumstance in which I should shoot to wound rather than shooting to kill? Should I employ a less lethal response? (~5:40) Tom discusses reading police reports. (~11:40) Is it a good idea to put a video camera on my gun? (~13:53) Can I fire my gun to stop attacking coyotes or feral dogs? (~18:12) Is someone justified drawing their gun to defend themselves against multiple attackers who do not have guns or knives? (~20:40) Can I legally defend my widowed neighbor in her own home? (~23:10) Does being a firearms instructor affect the legal process after a self-defense shooting? (~25:44) Kevin talking about the CC Expo. (~30:00) What should I do with my gun after a self-defense shooting and after calling 911? (~36:03) How much first aid am I legally required to give to someone after a self-defense shooting? (~38:00) If I have a backup gun on should I tell police as soon as they arrive? (~39:50) How do I know if I can take my gun with me when I leave my home state? (~42:55) Are there legal reasons I should not put gun-related stickers in my house? (~44:16) Should I take pictures of evidence before the police arrive? (~46:02) I use a cane. Can I legally defend myself faster than someone without a cane? (~50:20) How close does someone have to be to me for it to be considered a legitimate threat if the attacker has a knife? (~53:40) More to Explore: Visit on the web at uscca.com, Instagram, Twitter, YouTube, and Facebook 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

    The Aftermath of a Self-Defense Shooting – April 18, 2019

    Play Episode Listen Later Apr 18, 2019 65:00


    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: What happens immediately after a self-defense shooting? (~1:36) Why did USCCA say on social media not to modify carry guns? (~10:10) Will I be arrested at the scene of a self-defense shooting and who controls it? (~19:47) What happens to your gun after a self-defense shooting? Is it destroyed? (~25:10) Does the type of ammunition in my carry gun create more scrutiny after a self-defense shooting? (~29:01) I'm in a business being robbed at gunpoint and the armed robber is aiming the gun at the cashier, and I have a clear shot, should I take it? (~30:53) Should I empty my magazine during a self-defense shooting? (~33:50) What should I say or not say to dispatch when calling after a self-defense shooting? (~36:00) How do I get off the phone with the 911 dispatcher? (~39:09) If I use deadly force should I approach the attacker if they aren't moving? (~40:10) Discussion of the right to remain silent and right to an attorney and what those things do and do not mean. (~41:34) When should you invoke your right to an attorney? (~45:00) If I state I want to consult an attorney after a self-defense shooting but my wife, who was present, won't stop talking, can it be used against me? (~48:00) What are Miranda-Goodchild Rights/Hearings? (~51:52) Should you put your gun on the ground and put your foot on it or re-holster after a self-defense shooting? (~52:53) Is it a good idea to establish a relationship with an attorney prior to the moment I'm involved in a self-defense shooting? (~54:50) How to trial costs break down for a self-defense case? (~57:00) More to Explore: Visit on the web at uscca.com, Instagram, Twitter, YouTube, and Facebook 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

    Secondary Measures and Your EDC – March 21, 2019

    Play Episode Listen Later Mar 21, 2019 61:37


    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: Explanation of levels of protection and the Castle Doctrine. (~1:15) Can I use the Castle Doctrine while in an RV or tent? (~3:15) When outdoors camping where should I keep my gun? (~5:20) If a post office is located in a strip mall and you are carrying your gun but do not go to the post office, are you breaking the law? (~6:45) Can I legally use my gun for self-defense if the attacker has a knife? (~8:22) Can I use wasp spray for self-defense purposes? (~9:55) Can I legally carry handcuffs and use them after the threat is on the ground? (~14:18) What happens if you end up in a self-defense situation and are nowhere near your lawyer's location? (~18:44) What should I do if an attacker has a gun aimed at me before I can draw my own? (~20:18) Discussion of proper training. (~23:00) What first aid and training supplies should I have and where should I carry them? (~24:30) Should I render first aid to an attacker I've just shot? (~26:45) Since schools are gun-free zones can I even pull into the parking lot carrying my gun? (~29:20) When I'm questioned after a self-defense incident how should I interact with law enforcement? (~31:44) Where can I find information about concealed carry laws in my state? (~37:50) At what point during a threatening encounter should I call 911? (~39:07) What kind of gloves and clothing should I wear in cold weather to continue to run my gun well? (~41:12) How does my disability affect how quickly I can use my gun in self-defense? (~43:00) Where should I put my gun after a self-defense shooting? (~47:32) What should be included in my EDC (Every Day Carry)? (~49:12) Should I have a WML – weapon-mounted light – or a separate flashlight? (~51:08) What can I do when faced with multiple attackers who claim I initiated the attack after I shoot one of them? (~52:40) What should you do if you scare away an attacker and you're worried they're coming back? (~55:55) Do you have any advice to avoid being taken out by another “good guy” during an attack? (~56:43) More to Explore: Visit on the web at uscca.com, Instagram, Twitter, YouTube, and Facebook 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

    Active Shooter Interdiction – February 8, 2019

    Play Episode Listen Later Feb 8, 2019 57:01


    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: What happens if I shoot the wrong person while trying to protect myself against an attacker? (~1:00) Are cell phone videos bystanders take during a self-defense shooting helpful to me? (~4:56) What commands should I give people in a crowd if I need them to move? (~7:45) Refresh my memory on “run, hide, fight”? (~9:36) Am I morally or criminally responsible if I leave an area when I hear shots being fired? (~11:45) How do I stop police from shooting me when I have to draw my gun during an attack? (~13:49) Explanation of mens rea. (~17:00) Does the ammunition used during self-defense matter? (~17:47) If I have a concealed carry permit and my spouse does not, and my spouse uses my gun in a self-defense situation, how will my spouse be treated from a legal standpoint? (~21:10) If someone enters a business with a weapon and is threatening people can I protect myself and others without getting into legal trouble? (~22:00) What should I do when carrying while driving? (~25:24) If a person draws a firearm in a crowded place because they felt threatened but ended up not using their gun, what happens? (~26:45) What should you tell the police when they arrive on the scene of self-defense whether it does or does not involve shooting? (~28:42) What happens if family members witness the self-defense shooting? What should they say and what rights do they have? (~35:18) When should I call USCCA after being involved in a self-defense situation? (~36:50) Should I take a knee or otherwise change my position to stop a threat in a crowded location? (~39:40) Is it legal to fire warning shots? (~41:00) Does it make things worse legally if both you and your spouse shoot to stop a threat? (~42:27) If you're walking your dog and your dog is attacked by another dog, can you shoot the attacking dog? (~44:08) What can I do to further a national reciprocity law? (~46:06) Is it all right to offer assistance to a police officer who is on duty or off duty? (~48:00) Can I get involved in an active shooter situation to defend loved ones? (~51:05) Why is it so hard to get your gun back from the police after a self-defense shooting? (~52:00) If you're involved in a self-defense shooting and someone who may be an accomplice walks up and takes the gun from the body of the attacker, what should you do? (~53:15) More to Explore: Visit on the web at uscca.com, Instagram, Twitter, YouTube, and Facebook 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

    Road Tripping with Guns - January 10, 2019

    Play Episode Listen Later Jan 10, 2019 65:20


    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: What do I need to know about interstate travel while carrying a concealed firearm? (~0:55) Is it illegal to stop in some states while carrying a firearm? (~3:00) Can I have my gun in the parking lot of the post office? (~8:25) I'm a commercial truck driver, can I carry my gun while I drive? (~9:50) I live in California. When I visit Utah can I carry my larger-capacity magazines? (~13:36) How do bail bonds work? (~14:20) When traveling through a state without reciprocity for my concealed carry permit how should I transport but not carry my firearm? (~18:00) When traveling from state to state what's the best way to find out where I can and cannot carry? (~20:27) When going through airport security can a pistol magazine on its own, apart from the gun, be packed without ammunition in it? (~21:27) If my gun stays in my vehicle is it legal in all fifty states? (~26:37) If someone had to use deadly force couldn't their USCCA membership be viewed negatively by the courts? (~28:00) If I'm caught carrying a gun in a posted business do they simply ask me to leave or could I be arrested? (~30:22) What are the legal implications of having a modified firearm for self-defense purposes? (~35:00) How important is it to log hours of accredited training? (~39:52) Are firearms instructors or competition shooters held to a higher standard in case of a self-defense shooting? (~42:40) When is it acceptable to use deadly force in defense of property? (~43:05) Can I use handloaded ammunition for self-defense? (~46:50) What is constitutional carry? (~51:38) Is it bad to have to escalate to deadly force after trying to use secondary measures to de-escalate first? (~52:48) Are handicapped people treated less harshly by law enforcement in case of a self-defense shooting? (~53:34) What happens when an armed intruder is shot in the back as they turn away? (~56:00) What are my rights as a gun owner if someone breaks into my RV while I'm traveling in it? (~57:38) My place of work has a no gun policy. Should I take a risk and talk to human resources about it? (~59:55) More to Explore: Visit on the web at uscca.com, Instagram, Twitter, YouTube, and Facebook 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.

    Understanding the Castle Doctrine - December 12, 2018

    Play Episode Listen Later Dec 12, 2018 60:19


    Learn what the Castle Doctrine is and what circumstances it takes to fulfill it according to the law. Does the Castle Doctrine protect you from being questioned or arrested in your home in the aftermath of a self-defense shooting? Will the police officers on scene take away your gun? Kevin and Tom also discuss how the Castle Doctrine does and does not apply to protection of property, disparity of force, and defense of a friend's home. Shownotes: What is the Castle Doctrine? (~1:46) Are Castle Doctrine and Stand Your Ground laws the same in all states? (~4:20) How does disparity of force affect a self-defense situation? (~5:25) Will the existence of the Castle Doctrine stop me from being arrested or questioned? (~8:20) When you need to be or should you have been Mirandized? (~9:35) Will my gun be confiscated after a self-defense shooting? (~11:50) How is the Castle Doctrine different from saying I was in fear for my life? (~14:30) How does the Castle Doctrine differ from protecting property? (~15:55) What happens if a shot fired during a self-defense shooting over-penetrates a wall and strikes an innocent person? (~17:50) Does the Castle Doctrine apply if I'm in a friend's house? (~20:30) How far inside my home does an intruder have to be before I can defend myself? (~21:30) Should I tell responding officers that I have other guns in my house? (~22:50) Can I shoot through my door before an intruder gets in my house? (~27:00) What if an invited guest in my home becomes violent? (~29:30) Does Castle Doctrine apply to buildings not attached to my house? (~30:20) Will the Castle Doctrine protect me from a civil lawsuit? (~32:05) If someone's trying to break into my house should I call 911 before or after I defend myself? (~34:25) Can I defend myself if someone is breaking in through a crawlspace under my home? (~35:55) If I'm in the basement and there's an intruder going up the stairs can I shoot an intruder in the back to protect my children upstairs? (~40:40) Does the Castle Doctrine apply to my horses or livestock in my barn? (~43:30) Can I have my gun in my hand as I approach the door to my house as long as I don't aim it at anyone? (~45:00) Do I have the legal right to defend my camper or trailer? (~49:20) Concealed carry permit reciprocity and residency. (~50:30) Campgrounds and federal forests regarding laws of self-defense. (~52:50) CCW Badge, yes or no? (~53:45) Mens rea explanation. (~55:30) What are red flag laws? (~57:00) More to Explore: Visit on the web at uscca.com, Instagram, Twitter, YouTube, and Facebook Castle Doctrine, deadly force, Stand Your Ground, disparity of force, self-defense, red flag laws, CCW badge

    Know Your Gun Laws: Ignorance Is Not A Defense (Inaugural USCCA Webinar) - November 29, 2018

    Play Episode Listen Later Nov 29, 2018 57:37


    What happens if you're involved in self-defense shooting and shoot someone other than your attacker? Should you defend property when no one's life is at risk? Does the Castle Doctrine apply to your vehicle? Understanding your responsibilities as a gun owner and your local laws, such as Castle Doctrine and stand your ground laws, is a vital part of being a law-abiding gun owner. Also find out what happens to your personal gun after a self-defense shooting, defense of strangers, and what to tell 911 in the aftermath of a self-defense shooting. Shownotes: What to do if I shoot someone in self-defense and I shoot the wrong person? (~0:38) Carjacking with an infant in the vehicle video that had previously run on USCCA. What do you do if there is a carjacking but no infant in the vehicle? (~3:12) If I use my gun in a self-defense incident, am I going to get it back? (~6:06) Self-defense of a stranger, when and why? (~9:55) What if I have a trained attack dog with me and I'm threatened? (~13:55) I'm on the phone and involved in a self-defense shooting, what should I say? (~17:15) Can I carry my gun in a bar? (~20:00) Am I required to tell a police officer who pulls me over that I have a gun? (~21:55) Is it a good idea to ask your lawyer if the state can re-open your case or if it is permanently closed after a certain length of time? (~24:45) How do I find a good self-defense lawyer? (~28:45) If someone attacks me and I cannot see their hands, can I draw my gun? (~29:32) Why is there often a civil case after the criminal case clears? (~30:45) If I draw my gun without using it do I have to call the police? (~33:00) Are all USCCA-listed lawyers highly qualified and knowledgeable about the Second Amendment and firearms? (~35:00) What question should I ask a lawyer to make sure they're qualified? (~36:30) What should you tell your lawyer when you call them? (~40:00) What do I do if there is an active shooter at church? (~42:50) Does the Castle Doctrine apply to my vehicle? What if it's a convertible? (~44:45) Could carrying my USCCA membership card with me hurt me in court? (~53:00) Should I already have a lawyer chosen in case of a self-defense shooting? (~54:00) More to Explore: Visit on the web at uscca.com, Instagram, Twitter, YouTube, and Facebook self-defense, Castle Doctrine, Stand Your Ground, criminal law, civil law, deadly force, reasonable force, self-defense with dogs, 911, aftermath of self-defense shooting, self-defense shooting, totality of circumstances, duty to inform, duty to disclose, active shooter, lawyers, duty to retreat

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