Who can stump Tom?!

Hello, fellow USCCA Community members!

I have seen many in the past, but I think it’s time we try to truly stump Tom in one of his videos. Who’s up for the challenge?!

Please share in this thread any good questions that would STUMP Tom relating to the legal aftermath of a self-defense incident.

Can’t wait to see what you all come up with!


Okay Tom, what should I expect if a stampede of raging monkeys (like from the movie Jumanji with Robin Williams) busted through my home and started tearing the whole place down, and I take my AR, and try to mow them down? What would be the legal consequences?


If there was a gunfight on the border of California and Nevada and 90 people were killed ( men, women and children). Where would the survivors be buried?

Here’s a scenario:

Say I’m attacked by a “unhoused” citizen resulting in a hand to hand fight. The “unhoused” person eventually says “OK, I’m done” and the fight ends. While walking away from the ordeal a car pulls up, two guys jump out and aggressively come at me saying "Why you picking on that “unhoused” guy? Now I’m out numbers, at least 2 but more likely 3 to 1. I reach and put my hand on my concealed weapon but do not un-holster. One of the guys from the car turns to the other guy and says, he’s got a gun, get the gun out of the car. Did I escalate this or am I justified to “brandish” in the name of self defense.


Say I am in afternoon rush hour traffic on 1-80/580, pretty much bumper to bumper except for the “I’m from California” lane and a large group of people come onto the interstate with Palestinian flags in one hand with a ignited American flag in the other, beating on car windows and attempting to pull drivers out. Since I am in a position to push cars out of my way with a large pickup, do I risk hitting one of the protesters with unknown but guessable motives, damaging and possibly injuring other motorists at the same time that other drivers are panicking to do the same OR stay stationary in my truck, doors locked, windows up and wait until my vehicle is breached or have a weapon directed at me to be able to defend my life from grave bodily harm or death?
Disclaimer; this would not be in SLC. :wink:


In Wahington State it is illegal to carry weapons into the establishment, bar and grill. I do not drink, and I also work there. If I had to defend myself or more likely other employees, would I get into trouble?


Stop at Gun World get some range time. :gun:

OK, I’m in. Here’s a scenario with multiple questions.

You and your spouse live together out in the country in a close knit-rural community. Your spouse purchased a Smith & Wesson Model 60 revolver for your 60th birthday.

You use the Model 60 revolver to shoot and kill an armed individual who breaks into your house at 3AM. The Sheriff’s Deputies arrive on the scene and begin their investigation. The chief investigator identifies the person you shot as his cousin. You were a political opponent of the current Sheriff and the DA.

The investigators take your Model 60 but say “How do we know this is the gun you shot?” and ask for your permission to open your gun safe to see if you have any other firearms that could have been used in the shooting. In the gun safe, are 2 AR-style magazines with a 30-round capacity that you bought at a gun show from a vendor positioned next to a uniformed police officer working security. The state you live in restricts magazine capacity to 15 rounds.

You also have your deceased mother’s property in your house that you obtained when cleaning out her house when she died. Among her belongings is a stash of marijuana gummies that she took for back pain. In your state, marijuana is legal for medical or recreational use, but nevertheless, illegal under federal law. You know that the Sheriff, DA and chief investigator participated in political groups opposed to the legalization of marijuana in your state.

Question #1: Should you give permission for a search of your safe and house?

Question #2: Assuming the answer to Q #1 is “no” and the deputies arrest you and obtain a warrant, can they charge you with illegal possession of high-capacity magazines and marijuana? If so, how would they establish that these illegal items belonged to you and not your spouse’s or your dead mother?

Question #3: Assuming the deputies take all of the firearms from your safe, will they be returned to you given that they also discovered marijuana in your house?

Question #4: Does the relationship between the investigator and the person killed have any bearing on the case?

Question #5: Would your USCCA insurance defend you against charges (e.g., possession of a high-capacity mag, possession of marijuana) discovered in the course of an investigation into a righteous self-defense firearms use?


I’m not a lawyer but I can answer this one (in addition to #1, "No).

The answer is no. Membership benefits, that aspect anyway, are for any lawful act of self defense, not otherwise excluded. It’s a self defense liability insurance that members are additional insureds on, not a, I was in possession of marijuana and firearms at the same time or I was in possession of illegal magazines

Note that there is an exclusion for illegal possession of a weapon/firearm in violation of federal law. It is possible that possessing marijuana and a firearm at the same time may exclude you from coverage for the act of self defense.

Also note that there are gummies of a CBD nature that are not “marijuana” so there is a lot to unravel there, those gummies may not qualify as marijuana/THC/whatever .There are ask an attorney videos in the PA talking about this too, with Tom. :wink:

Some good advice for all especially firearm owners…if you don’t want to run afoul of federal law, don’t allow ‘marijuana’ into your home


And the illegal magazines?

In the scenario, the magazines and marijuana were discovered in a search conducted in the course of an investigation into a self-defense shooting. Would a USCCA attorney defend an insured against the issuance of such a warrant or simply decline to intervene in such an action leaving the insured with no defense to the warrant and search?

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What if my wife got tired of my crap and yanked my gun safe door open (she has the combo somehow) and…never mind…i won’t win any of these battles anyhow… oh well


One more “stump Tom” question…

Non-residents are not allowed to purchase ammo in California, which requires a background check for residents who buy ammo in California.

If a non-California resident travels to California and plans to do some recreational shooting while visiting California, how many rounds of ammo can the non-California resident bring into California?

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This is the most nightmare situation you could ever come up with, I believe if you were facing a scenario like that most attorneys would tell you to take a plea.

In what State?
Cause if it’s NY or NJ I would try on orange jumpsuits to make sure the Department of Corrections has the size instock. :grinning:


At that point, I’m going to live like it’s my final moments.

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Possession of drugs and during a firearms crime carry stiff mandatory minimum sentences under federal law, but nothing under state laws in the scenario. But, in the scenario, the drugs were discovered in a search of the house under the warrant based on assertions by LE that they are just making sure they have the right gun. If the warrant is bad (e.g., too broad, bad faith by the investigators, etc), the evidence it might produce would be quashed. The possession of the illegal magazines, however, is a misdemeanor.

It’s a scenario where the individual engaged in a righteous self-defense shooting defending himself, his home and his family can end up in jail.

In reality they probably wouldn’t need a search warrant as the house is now a crime scene and they’re going to do their best to analyze the scene.

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Keep that in mind when prepping for home defense. Your entire house can be searched if you use a firearm in legitimate self-defense. Illegal magazines (yours or a family member’s), marijuana (yours or a family member’s), receipts, ammo (are you a “gun nut” who stockpiles man-killing ammo), your computer (gotta check to see if you and the victim had a history of disputes), your collection of firearms (gotta test 'em all to make sure LE has the right firearm), prescription drugs that could alter one’s perception, etc. You may or may not get them back, maybe after trial and after your lawyer files a motion for their return.

The police may toss your entire house in their search/quest for evidence. They may or may not do so in a respectful manner. You may or may not get paid for the things they break. Whether they like you, or you opposed the Sheriff in the last election can be a big factor.

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