I’ve recently heard several people close to me say they were not going to apply for their CCW permit because, if they have the permit, they are held to a higher expectation if they have to use deadly force.
Is this true?
I, myself, am a CCW permit holder and believe you should have one. But, this question is starting to weigh on me and I don’t know how to respond to it.
Thanks, in advance, for the thoughts and comments. Also, I’m not sure if there is another thread on here that already discusses this issue. If there is, can someone help me out and point me in the proper direction?
Just my own thoughts. I believe that really would not have a bearing on the situation unless you’re not the gun owner. That is assuming a child or spouse was attacked at home. But if you are the gun owner or give a child a gun they must be educated on the use of the gun. “Operation, safety, etc. I guess it would depend on a jury or judge. Good question.
In my opinion having a ccw offers a bit more protection. It shows you have taken the time to get a bit extra training and hopefully, some education on the self defense laws. It portrays you someone more willing to follow the law than a half cocked jerk looking to shoot someone. Just my opinion.
If you own a firearm and you’re going to carry it, you are already held to a higher expectation and responsibility. There are some advantages to having the CCW/LTC or whatever it may be called in your state. I’m just guessing and I don’t speak for all states. If you have to use a concealed weapon/firearm to defend yourself anywhere other than inside your home, I think the mandatory sentence is three years. No if ands or but’s. I’m also guessing, depending on state, carrying a concealed weapon without a license is a felony.
It’s better to have one and not needed it, you know the thing!
Hi Toby, I’m in NC with my CCW also and wouldn’t think that it mattered either way. If it did to a jury, I would think that it would be a plus, along with additional training.
Hi @Toby3.
Being a CCW permit holder you know that’s better to have it. That was the reason you applied for it.
Having the permit comes with few advantages.
you can conceal the weapon, which gives element of surprise in act of self-defense
applying for the permit you are showing wish of getting better with firearm handling and knowing your local Law
you know more, got trained - you feel more comfortable and proficient.
You have mentioned " if they have the permit, they are held to a higher expectation if they have to use deadly force" - and that is true, but these higher expectations are aligned to better understanding and responsibility learned during permit training course.
@Toby3. I think the answer is yes. Although we all have the right to bear arms according to our constitution. When we do carry we must hold ourselves to a higher level. To make sure we understand law, to make sure we understand safety and to make sure we understand the situation in front of us. If you have kids, you must make sure to educate them and be aware that they are kids. A jury will always hold a gun carrier to a higher standard then even a cop. So make sure that you want that responsibility before you decide to carry or to continue carrying. Because if you have to use it, know that everyone will be criticizing every detail of the situation.
I think it is much better to have the permit. With the responsibility we assume, it is just fine that we are held to a higher standard. I would not have it any other way.
Considering the type of people we are, we also want to carry legally. It is better for us to be that kind of an armed citizen. I actually take pride in that. Great question by the way.
Quick clarification questions: Are they in Constitutional Carry states? Are they planning on illegally carrying the firearm?
Ignorance of the law is not a legal defense and they could get in more hot water. Remember the “reasonable person” test will apply. What would a reasonable person do in their situation? (For example, would a reasonable person carry a firearm without a permit when they know it is illegal?) If they’re willing to break those laws, a jury may think they’re willing to break other laws as well.
If they’re not concealed carrying or planning on concealed carrying, there’s no reason for them to apply for the permit.
Thank you, all, for the comments. I feel the best way to protect myself is to have the permit and to responsibly carry. I was trying to find out how to justify it to my fellow peers who felt this way. I tried explaining to one friend that he should obtain his to help educate him on the laws in this area. His excuse was, “If I don’t know, they won’t charge me for anything.” At that point, I left the conversation aggravated. He just didn’t understand.
I would think all are held to the same standards of self defense. Open carry is legal in many states and does not require a permit.
If you use your firearm in self defense, you will be held to the same expectation, and legal requirements for use of lethal force in self defense… and the actual claim of self defense.
Problem is, I’ve set him straight many times, I felt like. But, sometimes walking away makes him think where standing there, arguing, only drives him away.
I cannot give legal advice with respect to North Carolina Law, however, Article 54B, which regulates Concealed Handgun Permits does not place any higher expectations on the holder of a permit, other than having to complete the training course. NC self defense laws are applied equally to permit holders and non-permit holders. So there is no reason not to get a permit.
On the other hand, you must have a permit to carry concealed in NC and, while NC is an open carry state, counties can regulate the display of weapons taking that option away. If you want to be able to carry statewide, get a permit.
Also, NC has reciprocity with many states in the Union. If you want to carry outside of NC, you should get a permit.
If someone has a firearm for home defense only and will never leave the house with it, there’s no reason to get a permit. But, if the firearm is going to leave the home, get the permit.
