If your Weapon leaves the Holster
The first thing you will find is you will likely be charged with a crime. Then there is the civil trial that can follow. You will need an attorney right away. You could be facing any one of the charges below.
In many states the moment you show or draw your weapon, it is a crime. The only way it is legal is when drawing in self-defense. That does not mean you will just walk away though. If you draw your weapon you are immediately guilty of brandishing a gun. It has to be determined that it was justified before your actions are considered legal. The same goes if you shot someone. You are guilty of felonious assault, manslaughter, or murder. That is until it is considered justified.
Notice I didn’t say you would be found not guilty. Many times being justified has to be proven first. Possible charges you could face:
- Felonious Assault
- Aggravated Assault
- Brandishing a Weapon
- Possessing a Deadly Weapon
- Improper Exhibition
- Pointing or Aiming Firearm at Another Person
These are just a few of the possibilities. The charges can get much worse if you actually fired your firearm. It is likely that even if you did everything right, you will still have court costs that you occur. We normally only see the event and the outcome on the news. As a result, we don’t see the process the gun owner goes through.
This can include any weapon, not just guns. For example, if you defended your home with a baseball bat, or pulled out a tire iron when someone approached you in public.
According to an interview with renowned Andrew Branca. You can charged for any of the following reasons:
- Some States require a jury to determine self-defense. Meaning you will have to pay all the fees involved just for a justified verdict.
- The Prosecutor could have political ambitions. Getting a gun conviction can show he/she is tough on crime.
- They could use your case to clarify the law. When a new law takes effect, prosecutors will look for test cases. This will help to clarify how the law can and cannot be applied.
- After months of reviewing your case, they may have determined you should have done something different. Your split second decision is looked at closely to see if you could have avoided it. They will not only look at your actions but also what led you to be there in the first place.
- Or simply because your case looks easy to win due to your lack of quality defense. Overzealous prosecutors will look to pad their conviction rate with any case they believe they can win.
IT CAN ONLY GET WORSE
There have been many cases where people are charged for simply doing what they believe to be right or legal. Attorney Branca even stated that some prosecutors may look at your defense team and see that you don’t have the resources for a trial and decide to use your case to pad their record. As despicable as it may sound it happens. It’s for this and other reason that living through self-defense can ruin your life if you are not financially able to defend yourself in the aftermath.
If the criminal cases weren’t bad enough. We have all heard of people being sued for defending themselves in their homes. So on top of a year-long legal battle, you could find yourself losing your home, possessions, and gun rights if found guilty. This is where the USCCA can benefit you.
The benefits of the USCCA cover you in every part of your journey as a gun owner. They stand with you from the time a critical incident happens to the end of it and beyond. They offer some of the top training in the country where self-defense is concerned. What makes them very different from the rest is their training not only includes the legal aspects but also real training for gun owners.A
Benefits of the USCCA and Coverage
- Emergency Risk Protection Orders
- Unfounded Restraining Orders
- Gun Confiscation Without Due Process
- Improper CCW Permit Revocation
- Restoration of Gun Rights Cases
- Your Choice of Criminal Defense Attorney
- Up-Front Funding for Criminal Defense & Bail Bonds
- Protection for Use of All Legal Weapons
- Self-Defense SHIELD: Civil Defense & Damages Protection
- Self-Defense SHIELD: Criminal Defense, Bail Bond Funding & Attorney Retainer
- 24/7/365 Critical Response Team
- Weekly Training Drills
- Nationwide USCCA Certified Instructor Network Access
- Member-Only Online Video Library
- Situational Awareness Training
- When To Use Deadly Force
- eLearning Training Systems
- Access to their Expert Member Services Team
- Red Flag Law Coverage
- And more..
Other Benefits of the USCCA
The USCCA offers e-learning courses & certifications in multiple areas in addition to their membership included training. They are the only company of its kind that teaches more than just the legal aspects of being involved in a shooting. They offer a list of lawyers in every state as well as letting you choose your own.
No one wants to be involved in a life-threatening situation. However, the USCCA prepares its members for the before and after. Benefits of the USCCA also include training in emergency care, and countering the mass shooter threat. Members have access to top trainers and get assistance in setting up a home defense plan. Their weekly training includes scenario training, ask an Attorney and much more.
No one wants to have to draw their weapon. However the aftermath of doing so can cost you everything. It’s not enough that you were forced to go through a traumatic event. Then you are left with the realization that you are being attacked by anti-gun activist, neighbors, and the over opinionated social media. On top of which then you have to answer dozen of questions about your actions. The police are no longer there to protect, instead they are gathering evidence against you. The prosecutor is looking to make a name for him or herself. All of which is at your financial and emotional expense.
Red Flag Laws
Another benefit of the USCCA is being able to get coverage to defend against red-flag laws. Imagine having the anti-gun sister, angry employer, or crazy ex who wants nothing more than to see you suffer for a bit. Under the red-flag laws, they can do that & without due process. It will then cost you court fees, lawyer’s fees, and a psychological evaluation. That is just the beginning of what the cost is to get your guns back.
It is unlikely you will be able to pay for all that without putting a sizable hit on your savings. The USCCA helps to safeguard you against false claims. The 24/7 access to their critical response team is always available and they walk you through the whole process.
You Didn't Do Anything Wrong
Even if you did everything right and followed all the legal aspects. You could still find yourself paying hefty legal fees for simply pulling out a weapon. This is all without actually firing your gun. You can read our weekly gun stories which so some of the aftermath people have gone through.
The training alone is worth being a member of the USCCA. Training is the only thing that can help us prepare for an actual critical incident. If being involved in a critical incident wasn’t bad enough. Then we have the Prosecutors, grand juries, judges, legal experts, investigators, and a jury of our peers to face.
They will look at the decision you made in a split second. Break it down over the course of months. Then decide if you should have made a better decision or if that decision was justified.
SUMMARY
That is the true benefit of the USCCA, they put experts on our side and give you a fighting chance. When interviewed renowned Attorney Andrew Branca stated many times prosecutors will either drop the case or cease their prosection when they realize a person has the resources to defend themself.
Only you can decide what’s important to you. For me becoming a member of the USCCA was something I did before I even brought a gun home. I realized I could legally defend myself against an attacker. Although I would lose everything if I did, and my family would suffer a far greater atrocity. The attack takes seconds, the aftermath will lasts months or even years. With financial damage ranging from 50k to 250k and beyond. There is no cheap defense when a firearm is involved.
In a perfect world, everything would be covered unless we were found guilty of something. That is not the case in self-defense. You start out guilty of a crime and have to prove that you were justified. If you don’t have a good legal team and experts on your side, you may end up convicted of something.
Even in states that don’t allow people to be sued when the shooting is justified. If you end up convicted, you could still be sued. Doing everything right does not guarantee your freedom. Being prosecuted could mean the loss of more than just your gun rights.
