Ask an Attorney - What's your question?

Thanks.

Digging a bit deeper, it looks like in Wisconsin, the wife of a convicted felon might not even be able to possess pepper spray.

1 Like

Cannabis and Firearms their is no clash between drugs and the Law. I found this in ATF newsletter. So I’ll upload it. You can read it, if you likefederal_firearms_licensee_ffl_newsletter_-_june_2021_0.pdf (942.4 KB)

Sorry if this is the wrong place to ask but I searched for Anders first with no luck.

Will USCCA defend my wife or dependent minor if they defend themselves in away from home? Wife does not have a TLC but doesn’t need it in Texas.

If any of us are in a school unarmed but an active shooter kills a guard or police officer and we use the downed officer’s weapon to defend ourselves or others would we be covered?

We are a family of teachers.

1 Like

I saw disagreement on this in a gun-related Facebook forum and thought it best to get the legal opinion. When pulled over by the police for a possible traffic violation, what are your obligations in answering any gun related questions, and does this vary state to state. Say I have firearms locked away in the vehicle, and there’s no sign of anything. If the cop asks, “Do you have any firearms in the vehicle?” are you obliged to answer this question? Again, if I travel to someplace with strict laws like MA, and I have an unrestricted LTC there and am compliant in every way, am I obliged to answer the question if asked by MA law enforcement? What is the best, proper way to handle this to ensure my rights aren’t violated? Thanks.

You can find this on the last page of the insurance policy located at https://www.deltadefense.com/public/self-defense-liability-policy.pdf
The protection for family members only applies to family members of a member is as follows:

Applies, with respect to the individuals specified in paragraph A.2. of this Endorsement, only to “occurrences” involving “acts of self-defense” by such individuals on or in the “residence premises” of the “association member” to whom such individual is related by blood, marriage or adoption or, if such individual is a minor, the “association member” who has legal custody of that individual.

The answer to your question varies by state law. I cannot answer with respect to any laws other than those of Kentucky. I will say that if you are in a state which requires you to inform Law Enforcement that you in possession of a firearm, you must follow that law. Kentucky has no such law. Likewise, under it is illegal to lie to federal LE under federal law and that may also be true in some states. It is not true in Kentucky. However, the fact that you lied to LE would be admissible in court.
In the grand scheme of things, you are not required to answer any questions asked by a LEO, absent the duty to inform, if applicable.
If you do answer any questions, I do not recommend lying because, if something goes south, it will only elevate suspicion possible creating “reasonable suspicion” or “probably cause” for an officer to extend the interaction.
The key, of course, is knowing the law of the jurisdiction where the interaction occurs.

Enhanced carry is something that I have been thinking about. It would be cool to have someone really lay out the advantages and possible disadvantages. Not sure that the ask an attorney is the right place to ask. Regards

1 Like

I have no idea what “enhanced carry” means? In Kentucky, we have open carry, concealed carry (with or without a CCL) and relatively few restrictions at the state level where you are prohibited to carry. The only enhancements are for prosecutors, judges, LEOs and retired LEOs who can carry in state prohibited areas with the exception of correctional facilities unless they have permission from the warden.

3 Likes

Welcome to the community @Steven405

As @MikeBKY said. It is a State by State issue. And I think in at least CA it is even a County by County difference in requirements to inform. I think the USCCA app lists which states require this.

1 Like

I am thinking that it allows you basically to carry where would normally be prohibited. At the time I heard of it I knew that would require much additional training. Yes here in NC we are open carry no permit, Concealed with permit. Truthfully haven’ heard any talk of this in a bit.

1 Like

This isn’t really a question. But just something of interest. Many years ago I became interested in doing some additional training that would be connected to overseas contracting. That’s not really the point though. To go be involved in this training I could either rent all I need there which would add a lot of expense. Or carry my own firearms and ammo which I would have done. It would have required transporting Hand guns,long guns and I think a Tact Shotgun. The combined courses would have cause me to expend possibly 3000 rds. of ammo. I ask the folks at the course about transporting all this stuff. They said they would send me a letter to carry with me on the way down. Also it would have all been with in the state. Did not end up attending But what would you guys think of that. The actual transport of gear is the notion

Appreciate the answers. I definitely know that it would be a mistake to lie to law enforcement. I’m asking more about the obligation to answer the question at all, and it sounds like it is required in some places and not in others. I live in NH and travel to MA fairly often, and I follow all applicable laws. However, my preference would be to NOT answer such questions for fear of incriminating myself somehow. I also don’t want to appear uncooperative and have things escalate. My obligation to answer the question might be different between NH and MA apparently. So I need to understand that difference. Thanks again.

1 Like

With the exception of the duty to inform if required, you are not required to answer any questions.

2 Likes

In the document Self-Defense Liability Coverage Form, I have a question related to page 2, section f., subsection (b); and with the definition of “Conviction” on page 11 of the same document. Is an appeal possible with USCCA’s backing (liability insurance) and legal team in a criminal case from a trial court that had an unfavorable verdict? For example, there could be a mistake in evidence that results in conviction. Can the USCCA, legal team and the insured (me) decide to appeal the verdict as part of the liability insurance because of errors by going to appellate court to have the situation corrected. My concern is being abandoned by USCCA legal resources/insurance because of an erroneous trial court criminal conviction. I know all self-defense criminal cases are unique, but I want to know if USCCA “has my back.” Do you have any examples to share?

I was referring to the liability coverage form starting November 1, 2021.