Does a disability give you special rights?

I was in an auto accident and it caused a complete burst fracture of my L2 lumbar and disc.
The accident was on 10/11/2014 and I am still in pain but have mobility (can stand for about an hour, sit in a comfortable recliner for about 3 hours), then I have to lay down flat on my back.
I carry a handgun and am extremely paranoid for two reasons.

  1. If I feel threatened to the possibility of physical violence, and with the possibility of further injury to my back resulting in confinement in a wheelchair or worse, what should I do even if it is just a physical encounter (especially if I have my Trump 2020 hat on).
  2. I cannot be handcuffed and be put in jail.
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@Simjack - welcome to the forums. I think you will find a lot of considered opinion and considerate people here.

*** NONE OF THIS SHOULD BE CONSTRUED AS LEGAL ADVICE. I AM NOT A LAWYER. ***

Having a disability confers no special rights in the circumstances you are noting.

I think you need to look at the reasons one carries a gun. I carry a gun to protect me and my family in the event of the threat of violence and physical harm. I have trained in how to carry, how to shoot, and most importantly, when I “can” (Mossad Ayoob uses the verb “must”) draw my weapon. I am a member of USCCA to ameliorate the legal circumstances surrounding my possible use of a gun to defend myself.

None of will prevent my being handcuffed or put in jail. If I use my weapon, I expect it will be taken from me. I expect I could be detained, and possibly arrested and constrained in handcuffs.

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It does not give you special rights, disparity of force is taken into consideration in a self-defense incident. Here are a couple of older blogs about disparity of force, the information is still pretty good.

Does that help or am I off on what you’re asking?

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@Simjack Welcome to the forums - Having similiar injuries, mine being C5 and C6 and with Titanium plates and screws holding everything together. A car accident like yours is my fear, I don’t get hyper over it - I don’t want to live in fear. That is just me and I also carry and now I am a shooting instructor. You make valid points though. Mike_T

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It helps and thanks for your response.
Some of the states mentioned in the articles are now anti-gun and the Second Amendment is under attack by democrats. I don’t travel so for the moment TN is still pro gun rights.
I never want to kill someone but possible confinement to a wheelchair or going to jail or even court is not an option for me.

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You’re right, we don’t want to kill. We want to defend life. While we know our shots may kill, our goal is always to save our lives.

Glad to have you here @Simjack! Stay safe out there!

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Thanks Mike,
When I look at the pic of my back it scares the crap out of me. And with people out of jobs crime is increasing. I am fairly paranoid and have to carefully watch every move I make. I have PTSD and hope and pray I can remain focused.

IMAG0229

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You don’t have special rights, but then again, I’m pretty sure intruders/criminals don’t broadcast whose house they are planning on breaking into. In addition, given this Chinese virus thing, the criminals will be released immediately.

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You too!
I’m just glad to live in TN. If you saw the movie “Shooter” with Mark Wahlburg (Swagger) he went to Athens, .TN and said to Michael Pena (Memphis) " Welcome to Tennesse, the patrons state of shooting stuff". I thought that was awesome, and it’s true!

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True Patrick, about home intrusion. I’ve got that covered living in an apartment with an alarm system. It’s going to the doctor, dentist, grocery store, etc. that concerns me.

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Understood.

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Thanks OldGnome,
This forum is great, at least I call it a forum lol.
With gun laws and the Second Amendment under constant attack, who knows what tomorrow will bring.
Right now the pandemic will change the world forever.

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That is certain.

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I like the term “what ever it takes to stop the threat.”

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I have a stun gun, police grade mace, a baton, and several carry pistols. I don’t carry all of them at the same time, but close. Here in Chattanooga several people were leaving grocery stores and were robbed in the parking lot while going to their cars. Not for money, toilet paper. Go figure.

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I am a mess physically, I have a fusion of my complete lumbar from L1- thru S-2. Plus several other life altering issues. My hope is that my attorney is good enough to build a reasonable man that is like me.

That is the legal standard is what would a “reasonable” person who is just like you, what would they have done.

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@Simjack OOOHhhh you got a Bock cage and Omiron implants. I used to do that for a living. Yes they suck sorry but they were the best game in town at the time and beat the hell out the alternatives. IMHO I would trade your Trump hat in for a nice fishing hat, keep your shooting irons handy but not out loud and carry on (think Grey Man on wheels)

A song comes to mind “I ain’t as good as I once was, but I’m as good once, as I ever was…” I’d rather be flat on my face alive than flat on my back dead. Of course there are worse things than dying.

Cheers,

Craig6

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I agree with the others. You get no special privileges because of a handicap but physical capabilities will play into any self defense scenario.
I also agree that what you wear should be considered if you want to avoid a negative encounter.
Finally, you can go to jail or court. Transportation will be provided.

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Your ‘disability’ is nothing compared to many. In the eyes of the law you get no breaks.

I have a gal who comes to the range to shoot and she is wheelchair-bound. She was actually shot by a former boyfriend. I’m impressed with her resolve to never be a victim again.

Personally, I am fused from T10 to L3 and from L4 to S1. (Burst fractures). And no, I don’t set off the detectors, despite a heck of a lot of titanium. Believe it or not, the lower back injuries you have are becoming quite common in people over 55 years of age. It’s an area that begins to show aging by age 25!

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I have PTSD, was in Saigon, saw atrocities that I have still have nightmares about. My disability is something to me.

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