This post is by Bernie Carr, apartmentprepper.com
A record number of people have been purchasing guns in recent weeks since the coronavirus pandemic has started spreading. Gun stores all over the country have empty shelves and ammunition is also being bought out. With a lot of new people buying guns, it is my hope that new gun owners will practice safety.
Many people also carry a knife for protection.
It is always good to have something to defend yourself with, especially during times of uncertainty. Being prepared also means realizing the possible consequences of one’s actions.
Consider the consequences
What happens if you use a gun or a knife and use it to protect yourself and the criminal gets hurt or killed? On one hand, that’s great you prevented yourself from becoming a victim.
On the other hand, you could potentially be arrested or held liable.
The following story was shared by an attorney:
“Everyone remembers Joe Horn who was all over the news when he shot two burglars who were robbing his neighbor in Pasadena, Texas. He was cleared of all criminal wrongdoing, and the news coverage ended there. What is not mentioned was, he was sued by the burglars’ families in civil court, and it costed him thousands of dollars in legal defense fees. He was cleared of that too, but fighting the charges in civil court depleted his funds due to huge legal fees. He was also constantly being threatened by gang members so he ended up selling his home and moving away from Texas.”
The main point was, even though you may be cleared of any criminal charges from shooting a burglar or attacker, if you kill or maim the criminal, his or her family can sue you in civil court. The jury may see a bereaved wife or family that lost a father due to your actions and award some damages. Even if you were justified and end up winning the case, you still end up spending a lot of money in legal fees.
What can you do to protect yourself?
According to the attorney we talked to, anyone who owns a gun (or knife) needs legal protection insurance specifically created for self-defense.
In an informal survey that I did just speaking with friends and family, I found that a lot of people don’t know about legal defense coverage that protects people from damages and expenses related to using a gun, knife or legal weapon to protect one’s self. It’s a common misconception that the story ends well. It can end well but sometimes it doesn’t.
In the movies, the story ends with the hero vanquishing the criminal, but it never covers the part where the crook or the family of the crook sues the hero for millions of dollars. Legal fees and other out of pocket expenses in the thousands could result.
The truth is, even if no shots are ever fired, and you scare off your attacker by having a weapon, the crook may claim you were the one who threatened him. You may need to defend yourself in court.
That’s why when I found out about US Concealed Carry (USCCA) I thought it would be a good idea to join. They provide a valuable service. (Full disclosure: we are an affiliate, which means we receive a small commission if you click through one of our links to join USCCA at totally no cost to you. This helps keep the lights on at the blog-thank you.)
How does USCCA or other legal protection service work?
Like an insurance policy, you pay a monthly fee and you are covered at the level of protection you choose.
Legal protection includes:
- Civil defense and damages protection
- Defense expenses, bail bond funding and attorney retainer
- Critical response team you can reach someone 24 hours a day, 7 days a week, 365 days
- Choice of criminal defense attorney
- Up-front funding for criminal defense & bail bonds
- Protection for use of all legal weapons
Training
- Weekly training drills
- Nationwide USCCA certified instructor network access
- Member-Only online video library
They also provide education about changing laws, digital guides and e-books.
Do you need a concealed carry license to join?
No, you do not need to have a license to carry concealed to join. Anyone who needs legal protection for the use of all legal weapons can join.
The final word
If you have a weapon such as a firearm or knife for self-defense you should consider legal protection in the event you find yourself using your weapon. Research your options -among legal services such as USCCA. I recommend you investigate one that’s right for you and obtain protection if you have a weapon.
Click on the graphic below for more information.
So true. I like that Texas gives its responsible citizens the ability to carry concealed weapons; much tougher in other states as you have experienced.
That is interesting. I am not an expert in these legal matters, just sharing info. There was an attorney in the class from TexasLawShield.com; check out the website, they list a phone number and an email address. They should be able to shed some light on why the advice given appears to differ from the Common Law. Thanks!
An issue that is not addressed here is that homeowners insurance and renter’s insurance will almost always provide coverage for civil lawsuits filed against the gunowner.
No insurance policy will protect a person for intentional acts, because that would be against public policy. A plaintiff’s attorney, however, even if filing a lawsuit claiming that the injury was intentional, will also include a claim that the injury was caused by negligence (because he wants the insurance money).
As a result, there will be a defense provided to the policyholder by his homeowners insurance company, and, if the policyholder loses, the insurance company will pay the judgment for any amount up to its policy limits, plus the court costs incurred. (There is what is called a “burning policy” where costs are deducted from the policy limits coverage, but I have never seen one that involved homeowners insurance.)
There is much more to this subject than anyone probably wants to read now, but, these points are something to consider.
Good points that should be taken into consideration Survivormann99. Thanks for the comments
Most homeowner’s insurance policies specifically exclude coverage for “intentional acts” including firing a gun, even in self defense. Policies with an exception to “intentional acts” provide coverage only for civil lawsuits. Charged with a crime and you are out of luck.
Hi Charles, That is why it might make sense for someone to sign up for a legal service, in the event criminal charges being brought up while using a legal weapon. Thanks for the comment.
Anyone joined and actually used their service?