What would you ask an attorney?

The amazing Tom Grieve does a monthly Ask an Attorney webinar with Kevin Michalowski for USCCA Platinum and Elite members. As some may have seen, Tom is in the Community and so are a few other USCCA Attorney Network Attorneys.

I’m going to compile a list of the questions you post here and see if we can finagle some time to have Tom Grieve answer them in a video for us here in the Community.

What topics are the most important facing concealed carriers today?

  • Legal Ramifications of Self-Defense
  • Red Flag Laws
  • Gun Laws & Carrying While Traveling
  • Gun-Free Zones
  • Castle Doctrine & Home Defense
  • The Court Process

0 voters

What questions do you have about legal self-defense?

I’ll ask Tom and the other attorneys here to NOT answer any of the questions until we do the video :smiley:

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From @Scotty on another thread:

I have a question… Under what conditions will they order the firearm be destroyed?

Years ago, I was a juror in a case where a citizen was charged with some type of assault, and we found him not guilty. This was the only charge we were to decide on. He was guilty of improper storage/transportation of a firearm (not part of the case), and the assault charge was brought because he was sleeping in his wife’s vehicle while waiting to drive her home from work when an officer noticed a jacket in the back seat (which contained a loaded firearm). The firearm was purchased legally. The judge ordered the firearm be destroyed.

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@Scotty For openers I will say depends on what state the incident occurred. I can tell you in my state IL, you’re never going to get the property returned you. Maybe possibly if you live in far southern IL you might have it returned if you know the right person. Cook Co. every collar county, every collar county county if it’s a nice gun it’s going to be in someone’s collection and if it’s just an average nondescript gun it’s going to go to the fire and get melted down.

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The big one for me is about a loss of CCW pending a court decision which will inevitably follow a shooting. I know the firearm will be confiscated for the duration and possibly for ever.

Cheers,

Craig6

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What is Threat Assessment?
What are court-tested Threat Assessment Models?
Why is it important during Your initial statement to the police to have your lawyer there, the event videotaped, and your knowledge of how a Threat Assessment Model pertains to the incident in which you evaluated you were presented with a deadly threat and you had to respond with greater or equivalent force to save your life, that of your family or a third party present in that statement?
Why is Jeporady and Intent often terms for very similar conditions and yet one is better for a victim to document in their statement?
What are considered the “Five Stages?” and what do they mean to the officers of the court?
How does one present an effective totality of circumstance closing statement to conclude their report of the events they witnessed and were a party to?

Why are all these things important for a carrier of a tool of deadly force to know, to consider, and to study the basis of, before ever being involved in a deadly force on force incident?

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When you are concealed carry in your vehicle and you are pulled over by Police, what do you say when the Officer approaches you? I come to a stop, open both driver and passenger windows, then place my hands on the steering wheel. I don’t go for my wallet (license), or glove box (registration/insurance). I wait until I am asked for it. Of course, if concealed carrying, in my wallet, behind the license would be my CCW permit. I’m just not sure what exactly to say to put the Officer at ease. I know that as soon as he addresses me, I have to tell him my status. Obviously, I don’t want to blurt out, “I have a gun.”

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That varies by state. For instance, New Mexico does not require you to notify the officer that you are in possession of a firearm (unless he/she asks of course) but in Texas it is law that you present your LTC with your drivers license. I don’t think that specifies whether they ask or not but out of respect for the officer I may have it ready to present for the very first interaction with both hands on the steering wheel, all windows down, and dome lights on if it is dark. He most likely will ask where it is located at that point.

I’ve also never been pulled over with a LTC, so I could be lying to you on how that experience could go lol.

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@MikeBKY’s response in another thread made me wonder what other rights that we aren’t notified of should we know in case of a self-defense incident?

Do we agree to having our property searched? Can they search our property without consent? What other rights should we protect at that time?


A Community-goer asked me to ask this one so they remain anonymous. They were defending themselves against an almost-adult stepson and was arrested. They ended up being convicted of disorderly conduct with a domestic abuse modifier. The almost-adult stepson told the court that the Community-goer’s actions were self-defense, but they were still found guilty with the domestic abuse modifier. Can that Community-goer ever get their record expunged to get their firearm rights back? (They’re in Wisconsin.)

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From another thread (Need a legal opinion: headshots):

If you take a headshot “are going to put you in legal jeopardy as they can be used as evidence of intent to kill rather than to stop the threat?”

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Expungement is a purely state law question. Because a minor was involved and it had the DV qualifier, it is made more difficult.

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I would like a comprehensive guide on Defensive Displays in different jurisdictions. Some require the same level of fear to draw, while others don’t. Yet, these distinctions aren’t listed on any guides I’ve seen.

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I need a definitive answer. I researched this heavily and was content with what I came up with. Now, again, I am second guessing myself. My question is this: can I carry in a commercial vehicle?

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Hopefully this will be on @Tom_Grieve’s list :smiley: It’s been discussed on here multiple times. Maybe @MikeBKY can weigh in.

I think the definitive answer will look something like this:

  1. you have to carry according to the laws of the state you are currently in while driving, with respect to the permits that you personally have, and
  2. your employer cannot countermand the law by placing restrictions on you from a LEGAL perspective, but can certainly terminate your employment if you break your employment rules.

And looking forward to hearing from actual lawyers on this. :slight_smile:
welcome to the group!

When I drove OTR. In the late 90’s it was absolutely illegal to carry in a commercial vehicle. But time’s have changed so good question

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Question is was the head the only available target? And can you prove it? As a law biding gun owner we know that deadly force doesn’t mean our goal is to kill but to stop the threat. Death is a tragic result of stopping a threat. So I would always go for center mass

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Why in Nevada, a person can not keep a firearm in a car on a University parking lot, and perhaps other facilities (meaning property), if it is considered public.

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I have done some brief research on this and am not aware of anything in the FMCSA that would prevent a CMV operator from transporting a firearm any differently than any other motorist. This would mean that the operator would need to comply with the applicable state and federal laws with respect to carrying and transporting firearms. If the operator has a CCL and they are in a state that recognizes that license, they should be able to carry. The same is true of open and concealed carry laws. If going through a state that does not recognize your CCL, you need to follow the state law for transport or the federal law for transport. For instance, without an IL license, you can carry in your vehicle with an out of state license but the gun cannot leave the vehicle. In other states, you just need to follow the federal law and have the weapon and ammunition inaccessible from in the cabin unless the ammunition is kept separate from the weapon and one of them must be locked.
An employer can discipline you for breaking any of the employer’s rules or policies including termination unless otherwise governed by a contract.

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we got pulled over while travelling thru a state that honors my CC permit and we just sat there motionless waiting for him to approach with both hands on the strg wheel’ he was relaxed and even friendly ,asked a few questions first then blurted out “do you have any firearms in your vehicle?” I just answered honestly -YES. his response was ok where is it located. my reply was the location along with my carry permit they are together in my pack. he didn’t ask to see either and we made no moves until asked. I was a little nervous - its been over 20 years since I’ve been pulled over and we were out of state while carrying, Legally, I was assured after checking the USCCA reprocity map 'we got a warning and sent on our way I had watched a few videos on what to do in that situation - one or two USCCA videos and one of Massad Ayoobs. I highly recommend everyone carrying while driving watch them -even if just transporting a firearm.

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