Ask an Attorney - What's your question?

Thank you for your email. Do o need an attorney in Texas

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Yes, I would suggest an attorney licensed in Texas.

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Part of this conversation was moved to the thread already created about that topic. ~Dawn

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Great question, I’d like to kno that as well. Although The state u live in isn’t very firearm friendly.

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Your question @Joseph_1970 and @Joshua53 are specific to state law. For instance, the Castle Doctrine enacted by Kentucky includes vehicles in addition to homes. Under Kentucky law, if someone is breaking in to your occupied vehicle, there is a legal presumption that are there to cause you death or serious physical injury.

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I am also interested in a discussion in the next ask attorney session about “brandishing”, as our training teaches us to stop the threat. It seems better to pull your firearm, and not shoot someone to stop the threat, than shoot them.

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I’m not going to tell you one way or the other, but I will say that; 1) I live by the assumption that everyone is carrying and 2) I will only draw my weapon if I feel that my life and/or the lives of others are at risk. Given those two points, if I draw my weapon, I’m have made the decision that ending someone’s life is the ONLY option.

If I draw my weapon, I am firing. The biggest reason I am firing is because if I just draw and don’t fire, I give the other person time to draw their own weapon. That could escalate I to a fire fight, which could lead to additional casualties, and all kinds of other problems.

I’m not telling you to fire everytime you draw, I’m telling you to be damn sure you’ve exhausted all other options before you jump to deadly force.

That’s just my two cents, take it or leave it.

Thanks!

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You’re correct, if you draw and present your firearm with every intention of firing to stop the threat, and the aggressor who is charging you, lets say with a knife, club, or firearm, Stops, drops the weapon, and puts they’re hands up, or turns and runs, you do NOT need to discharge your firearm and better not.

Brandishing, if you are not in fear for your life or of great bodily harm to yourself or an immediate other, but present your firearm to intimidate, or as a show of force, or as a warning, this is a bad thing.

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I have a question about the “Bootlegger’s Draw.”

For those unfamiliar with the term, it is when you draw your firearm or otherwise retrieve it from where it was safely stored, and hold it in your hand but behind your thigh or the small of your back so as to be hidden from sight. You may do this without knowing the terminology whenever you answer the door either not knowing the person knocking or at least suspicious of their intent. You keep the firearm in your hand, behind the door or behind your back, while you determine if there is any threat. Maybe it’s just someone with a survey or maybe it’s a would-be home invader.

My question is specifically, is this concealing the firearm in the sense that you need a CCW? What happens if I step outside my home with my firearm in hand, but behind my back? Is it now more or less legal? What about those who live in an apartment complex, both inside their apartment and stepping outside of it?

Basically, I’m wondering if this protects you from breaking brandishing laws or just puts you firmly in the hot seat by concealing a firearm (which would be illegal without a CCW).

I’m sure this seems like semantics, but as a legal gun owner, I am borderline fanatical about making sure I don’t break any gun laws, intentionally or otherwise. I don’t operate under “It’s only illegal if you get caught.” I want to be in compliance at all times.

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I have a unfounded restraing order 13yrs old in state of Maryland what do I need to do to get gun rights restored?

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Please be VERY careful how you phrase things. As responsible firearm carriers, our goal is to stop the threat. We make the decision to shoot in our self-defense realizing that our shots may kill, but our goal is always to stop the threat, not to kill.

If we draw and the attacker stops attacking or turns and runs away, do not shoot. Ensure you’re safe (check your surroundings and/or leave the immediate area to a safe location), and call the police to report what happened. Be the first to call the police.

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Welcome to the Community @Howard15. I would start with the the court clerk in the jurisdiction where this occurred. It may be a simple process but it could also be pretty complicated. If the clerk’s office can help you, you may be able to do it yourself. If not, you will need to contact an attorney licensed in Maryland to assist you.

You might want to look at the information in this link with respect to enpunging and sealing records.

Thank you but Do you know of any attorney that can get my gun rights restored? Thank you

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You’d have to check local attorneys to find out if they’d be able to assist you. If you’re a USCCA member, you can look at the USCCA Attorney Network to find a self-defense friendly attorney in your area. USCCA Member benefits would not be able to assist you with that type of a case.

If you’re not a USCCA member, check out the different attorney referral websites - AVVO.com is one that is pretty well known. You can find out about different attorneys and their specialties as well as attorney reviews on some of those sites.

Sorry I don’t have a specific name for you, @Howard15. Hopefully those resources will guide you in the right direction!

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I am a member and I applied with legal defense foundation and they have a benefit to help with unfounded restraining orders I would like to know if I can call direct to find out status of inqury Thank you

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I’m sorry but I don’t know any Maryland Attorney’s. As @Dawn mentioned, As a member you can check the Attorney network by state. https://www.usconcealedcarry.com/attorneys/?us-state=Maryland

Oh, yes! I totally agree, and I’m not trying to be controversial. I was just trying to convey the level of threat that I personally require for me to draw my weapon and that I would have to be willing to accept the consequences of those actions.

I apologizes for the misunderstanding .

Thanks!

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Now that more than half of Oklahoma has been reconsidered an Indian Reservation. Where can I find new gun law resources and how does this change Oklahoma gun laws?

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Welcome to the community @Kelby

I use the following app to check laws and get links to specific, and official, state law information.

It’s $1.99 and I find it worth it, but wanted to call that out. (no I don’t get paid for this) :grin:

Android version

iOS version

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Can I carry a firearm at my business without a concealed carry license?

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