Ask an Attorney - What's your question?

@Johnathan4

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I am not an attorney, I don’t play one on TV and I didn’t stay at a Holiday Inn Express last night. If you say you wish to invoke you’re 5th Amendment Rights. They can continue until you specifically say you want to speak to your attorney. @MikeBKY can probably give better answer

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Under the Fifth Amendment and Miranda, if you ask for an attorney, the police must stop asking you questions immediately. Ricci v. DeStefano, 557 U.S. 557 (2009). Questioning can begin again after counsel is provided, the suspect reopens the dialogue or there is a 14 day gap in questioning while the suspect is out of custody. Lanning v. SEPTA 181 F.3d 487 (3d Cir. 1999).

Under 6th Amendment right to counsel which applies after adversarial action is taken (you have been charged), you cannot be questioned about the offense(s) charged outside the presence of your attorney whether in or out of custody. Fellers v. United States, 540 U.S. 519 (2004). They can ask you about other things which would go back to Miranda.

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The app advertised $1.99, but charged $2.14. Not gonna break the bank, but still…

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@Michael554 15 cent state tax most likely.

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The tax man cometh

What is duty to retreat and what would be required to pass the retreat stage before going to deadly force? Wouldn’t want to turn my back on an attacker and how do I go about proving that I did retreat? From Ohio

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State of TN has a sign requirement for not carrying in a business. Must have picture of firearm crossed through and reference to TCA 39-17-1359. If a business just has a sign posted no firearms, but does not conform to the law, what are consequences of my carrying my weapon inside if it were to be revealed? (I figure legally it would not stand, but practically am I going to be hassled by LEO etc.?)

Unfortunately some of the most desirable places to have a firearm for protection think such a sign will protect the business and occupants… I disagree.

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Illinois resident here, also new member.
Just had a quick question hopefully a simple one.
I have my ccl and live in Montgomery IL I drive to work thru the city of Aurora IL. I know that Aurora has a capacity limit of 10 rounds. My question is in Montgomery there is no limit on capacity and my carry holds 13 rounds. Do I have to limit my self to 10 while I travel thru Aurora IL?

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I don’t know the answer to that but wondered, are individual cities able to trump your state laws? No pun intended.

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Honestly I am not sure. I know that when I lived there I purchased a pistol and the local gun store took my 15 round mags and replaced them with 10 rounders. I wasn’t happy lol

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My wife and I live in IL and both have our ILCCW licenses. We have children living in VA and NC. They and their spouses are also CCW licensed in their respective states. We travel there often and when we fly would like to not have to go through the hassle of transporting our handguns. Could we legally store an extra firearm at each of their homes for use when we are there? If not, could they legally loan us one of their firearms while we are visiting?

I cannot speak specifically to each states laws, however, all I have seen deal with possession of firearms which does not necessarily mean ownership. If you can legally possess a firearm, it does not matter who owns it with a few exceptions, I.e. stolen or NFA firearms.
This is not legal advice.

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The couple standing outside their home in Saint Louis with rifle and hand gun, facing the crowd of people, would USCCA defend them? (If they are members)

@MikeBKY I agree regarding the matter of who’s firearm it is . With the exception of perhaps “those states”, unless the firearm is reported as stolen then loaning or staging someone else’s firearm for your self-defense should not be an issue. Except for “those states” no one has a clue on ownership. I am pretty sure that the USCCA would cover me for any “weapon” used in a legitimate self-defense situation, regardless of ownership or weapon. Example, a firearm or knife doesn’t matter.

It’s like if I am unarmed and someone attempts to use their firearm on me… In a struggle I somehow get their firearm and use it against them. They can’t declare it was not my gun, or I stole it from them. Right?

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@David511 - first of all, welcome to the community.

Regarding your question, please understand what USCCA is for - we support each other in our firearms training and preparing for when we may be called upon to use them in defense of a human life. In the case of the St. Louis couple, they did not fire their guns.

What kind of defense are you expecting USCCA to offer the couple?

Is there a ccw that covers all states for over the road truckers?

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@James498 Welcome to the community!

To answer your question… No. There are laws in the works for national reciprocity, but that is pretty much dead.

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Thanks good to be here. Glad to have the support always liked an interlocking field of fire. Sounds like the couple are being charged with brandishing a firearm. Sometimes when defending yourself or family from a threat, you do not always have to fire your weapon. (the bad guys may break contact when they realize that you are armed) Would they have to fire their weapon in the air or ground to be covered? (not a good practice) Far left DA’s like to charge anyone for anything just to prove a antigun point. I guest I was asking USCCA what if I do not have to fire my weapon to stop the threat are we covered / defended by USCCA…

That’s a great question for an attorney. I’m not an attorney. @MikeBKY - are you able to give us the benefit of your legal wisdom on this?

@David511 - you can also find a local attorney in the USCCA network to answer that question.