@MikeBKY Thank you for helping clarify this for me from a legal standpoint. I understand your position on the legal advise also. My wife, who doesn’t have her CCW, was wondering if it was even worth while that she obtained her permit after hearing what others were saying. I’ll let her read all of these comments and let her make her final decision.
That’s why I like this platform where we can ask questions and get valuable info to help us navigate responsible gun ownership.
I’m not a professional, and I didn’t stay in a Holiday Inn. All of that said, I am a CCW permit holder in North Carolina. I disagree 100% with the assertion that permit holders are held to a higher standard.
The truth is, whether you have a CC permit or not, once you pull that trigger the legal system is stacked against you. The burden of proof suddenly shifts to you … you have to prove you acted in self-defense, that your life was in imminent danger.
Ignorance is not a defense. Are your friends suggesting they’ll tell the judge, “I didn’t have a CCW permit, so I didn’t really know what I was doing, therefore I’m not responsible for the Bad Guy’s demise?”
@Paul1, I didn’t stay at one either. I’m not really sure what his excuse would have been if something were to happen. I agree with you though, once the trigger is pulled, and a life is lost, the legal system will do anything to find you at fault. The sad part is, I feel most of the time, the legal system wins and the shooter is in some sorts of trouble. I pray it never happens to any of us.
Spot on. As cold as it sounds, that’s why I’ll defend my family totally, but if I happen on an event in public … they’re on their own. They have the same opportunity as I do to get a CCW or defend themselves in some other manner. The fact I have chosen to do so doesn’t mean I’ll willingly throw myself onto the pyre of the legal system on their behalf!
Toby, there are a lot of things to consider and carrying a firearm DOES come with some high responsibilities.
Consider this:
a simple altercation could turn deadly in a heart beat. What might have been two people yelling at each other calling each other names could quickly escalate if one of you pull a firearm because you feel threatened.
If you are forced to defend yourself (aka shoot someone) You will be arrested by police (most likely) as they investigate the case. Your weapon will be confiscated and you will incur some costs to bail you out, loss of work, etc.
Any self defense court case will tend to cost thousands of dollars. So if your case goes to court…lawyers, fees, court costs will be substantial. Thankfully you have USCCA insurance so that’s covered…as long as you’re innocent.
The emotional trauma lasts forever. Sure, you might get cleared of the shooting…but you’ll relive that situation over and over again in your head till you die. For some, that’s a lot more than they can handle. You need to know this up front.
So, these are just 4 things to consider and understand IF you choose to take on the responsibility of carrying. You alone have to decide if the risks outweigh the rewards or vice versa. Your friends made that choice for themselves and I certainly don’t fault them for it. My choice for carrying is quite simple…my family and my life is too important to me to let someone threaten our lives without a fight.
I’m from Michigan & with A CCW permit I conceal the weapon thus prevent ppl being scared and also not showing it off like some for two reasons _ 1) not to make others aware I have a weapon , 2) the element of surprise that someone opening carrying thinks they have me at a disadvantage . I carry for defense , other may carry for opening but for more intimation rather then defending themselves and brandishing it opening ( especially the AR 15 sling thing waltzing around) is total intimidation.
But I’d like to know why you can get .223 ammo for these what I think is a waste of money for those weapons unless your off to war and mom sends you an added weapon > HA HA HA !
@MikeBKY Another question. I was discussing this topic with my wife and she raised another question: Can you be sued if a victim, or a victim’s family, find out you had a CCW and did not act in a life threatening situation?
Can’t comment on legal advice but from a practical perspective I would say “yes”. Our country has lost it’s mind and it’s a good idea for everybody to have the ability to defend their selves and their family. Just because you have it doesn’t mean you must carry but it gives you the option.
Honestly, a year ago I was on the fence about it. Then I saw a video with four men beating a man and his wife with a 2x4 in MN. That got me off the fence, no way I can to let that happen to my wife our children. Hopefully and odds are I will never need to pull it outside of a range or dry fire practice at home, but just in case I will have it.
That’s a good question @Toby3, and, while I cannot provide legal advice for jurisdictions outside of Kentucky where I am licensed to practice, the near universal answer is a definitive NO. Even law enforcement is not held to that standard.
The legal question is does one person have a legal duty to defend another person if they have the ability or opportunity to do so. In Town of Castle Rock, CO. v. Gonzales, 545 U.S. 748 (2005), the Supreme Court ruled that, unless there is a legal entitlement to protection, the state (police) does not have a duty to protect someone.
The only time you would have a duty is if you start protecting someone and then abandon them, prevent others from doing so, or you have a special relationship with the person, your children or another person under your care.
I will jump in… Not a lawyer, do not play one on TV and did not stay at a Holiday Inn Express…
However, under one scenario… anyone can be sued for anything at any time… does not always mean the one suing you will win…
Regarding not taking action… it is NOT your responsibility, you are not law enforcement, you are not required to take action and the family has not ground to stand on… can they sue? Perhaps… can they win? Highly unlikely and almost impossible.
Like the Good Samaritan laws… and having been an EMT… I know this can get you in trouble… once you start work… you must not abandon, as then you are liable.
A friend of mine wants to get his CPL. He went to a gun dealer and was told that because as a minor he got a misdemeanor he could not legally own hand guns but could own long guns. I’ve never heard of this before, any ideas? @MikeBKY