Will USCCA defend me if I carry in a gun free zone?

Question is simple.

If I choose to disobey and break a bad and stupid law, like a gun free zone, will USCCA cover me to the fullest extent of my elite level membership?

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@Tim_D_USCCA

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Violation of a state conceal carry law is not itself an exclusion.

State restrictions such as state “gun free zones” do not impact self-defense liability insurance coverage

You can even check the definition of conviction in that self defense liability insurance policy on which members are additional insureds

Page 11
“Conviction” means the final non-appealable entry by a court of an adjudication, judgment, order or
ruling finding a party guilty of a crime. However, this does not include the “insured’s” “conviction”
for a violation of a concealed carry or similar law.

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Please clarify… are you asking if USCCA will defend a defensive shoot if it occurred in a GFZ, or if USCCA will defend a simple charge of carrying in a GFZ??

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Never a bad clarification to state explicitly, Craig.

If found to be carrying in a ‘gun free’ zone or similar, and charged with that…no act of self defense, just you carried in a no-no location…there is no direct membership benefit for that. I don’t know of anyone that would offer something like that.

Do note that violation of a FEDERAL law for use/possession is an exclusion.

https://www.usconcealedcarry.com/resources/federal-ccw-law/federally-banned-locations-for-carrying-firearms/

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So, I’m picking my kid up from school and stay off the campus property. (But within 1000’ of the building). As my kid walks up, so does an armed carjacker.

Good shoot?

Same scenario at a park given California SB2?

Alternate, same scenario, but instead of a carjacking, it’s an officer inquiring why I’m parked there sitting in my vehicle.

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“So, I’m picking my kid up from school and stay off the campus property. (But within 1000’ of the building). As my kid walks up, so does an armed carjacker.”

The federal gun free school zone act thing has an exception for those who hold a permit to carry from that state.

https://www.usconcealedcarry.com/resources/federal-ccw-law/federally-banned-locations-for-carrying-firearms

Federal Gun-Free School Zones Act

Congress passed the Federal Gun Free School Zones Act of 1990 (GFSZA) and it was amended in 1995 to prevent guns being carried near schools. It states that one cannot knowingly possess a firearm in a school zone. “School zone” is defined as “in, or on the grounds of, a public, parochial or private school; or within 1,000 feet of the grounds of a public, parochial or private school.” It includes all public roads and sidewalks within that 1,000-foot buffer zone. It does not apply on private property, to a licensed concealed firearm permittee or an unloaded weapon in a locked container/rack. It should be noted that the firearm permittee exemption only applies in the state that issued your permit/license, not any states with reciprocity.

18 U.S. Code § 922(q)

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On January 1st, “California SB2 — Sensitive Places Requirement” went into effect in California. This law severely limits where people in California can legally carry a concealed weapon.

Over the past couple days, we’ve been receiving many questions from USCCA Members about their self-defense liability coverage. The main question being —

Would I still have self-defense liability insurance if I defend myself in a “sensitive place"?

To be clear —

STATE RESTRICTIONS SUCH AS THOSE IN CALIFORNIA SB2, DO NOT IMPACT SELF-DEFENSE LIABILITY INSURANCE COVERAGE.

Further — we believe these regulations represent a direct effort to undermine the United States Supreme Court’s 2022 ruling in Bruen v. NYSPA. Plus, we believe they also will have untold negative impacts on law-abiding Californians who seek to protect themselves and their families.

We are stunned that California would seek to do this as violent crime in California continues to rise. As the San Francisco Chronicle reported recently, “California’s violent crime rate increased for the second year in a row in 2022, while violence in the United States overall declined.”

It has become abundantly clear that the California Legislature and the California Department of Justice are not conforming to the state’s laws to properly comply with the Bruen decision. They have decided to double down on restrictive laws that further restrict the ability of law-abiding citizens and responsible gun owners to obtain CCW permits — which do nothing to keep firearms out of criminals’ hands.

NOW IS THE TIME TO TAKE ACTION.

I encourage you to get involved and speak out…

SPEAK OUT AGAINST THIS ATTACK ON YOUR 2nd AMENDMENT RIGHTS.

Take care and stay safe,

Tim Schmidt

USCCA Chairman & Co-Founder

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Not sure what you are asking here, but it does not seem related to the additional benefit of membership as that has to do with acts of self defense

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Basically what I’m asking is how I interpret the OPs question.

I’m otherwise legally carrying, but have crossed into a GFZ and am discovered to be in possession of my gun.

Is there any coverage for that?

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There is no coverage for a simple straight-up violation of a possession/carry law, such as being caught carrying where it is illegal and being arrested/charged for that carry violation.

But, you could [as a USCCA member] potentially have a covered act of self defense despite violating a state conceal carry law at the time

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Ask a simple question get a simple answer. I think you already know the answer. What is your point in broad terms?
Your question sounds like you are asking if USCCA will break the law for you.

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Though if in a school zone you would need to have a licence to carry from the State you are in so that you are not violating the Federal gun free zone law. At least that is how I read the policy exclusions.

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Both, I suppose.

If for whatever reason I choose to carry in a gun-free no, no zone, and the balloon goes up and I have to take defensive action, will USCCA deny my coverage because of my initial violation of the no gun zone policy, or law?

I don’t routinely go to places that prohibit carry like schools or the post office or courthouses, but if I do I don’t tend to disarm just because of those stupid rules.
Dangerous and evil people don’t stop just because of placard near a door says that they’re not allowed to do terrible or evil things.

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If that’s the case, this sounds like the answer I need to go ahead and cancel my membership.

The USCCA and their competitors policies are designed to cover the legal defense fees for those faced with criminal charges related to justifiable self defense acts. They will not pay to defend people solely charged with breaking State and local firearm carry laws. I don’t know of any insurance policies that will cover a person for violating State and Federal carry laws.

If your goal when joining the USCCA was to get your legal fees covered for breaking State and Fedral firearm carry laws then you definitely misread the terms of their coverage. But if you want to be covered for a justified act of self defense then I believe you are making a good investment by maintaining your membership. Just don’t be in the process of breaking any federal carry laws during your self defense act if you want to guarantee you will be covered for the act of self defense.

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For state laws, no, that would not create a denial. See the above responses.

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May I ask why?

Similar to what Shamrock said, if you are looking for legal fees to defend yourself because you just straight up violated a carry law and got caught, that is not what the membership is for (and I know of nothing that is)

Like, if you try to get into the courthouse through the metal detectors (state/county), and get caught and charged with a crime for that, USCCA membership benefits aren’t going to pay for your bail or legal defenses (and I don’t personally know of anything that would)

If you carry somewhere your state says is illegal for carry, like if your state says it’s illegal to carry in a restaurant that has a sign up, and you are eating dinner in that restaurant and get attacked and defend yourself, you could still have coverage there for any lawful act of self defense not otherwise excluded.

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:thinking: Negligence, purposely reckless behavior, careless behavior, lawless behavior, thumbing the nose at the law, ?? :thinking:?? Does a good grey man/woman advertise while conceal carrying in a gun free zone IF HE/SHE TAKES THAT CHANCE?? Legal representation if SHTF?? :thinking: :shushing_face: :man_shrugging: Criminals get away with :poop:. But what law abiding citizen with a CCP would chance carrying in a gun free zone.

This may be slightly off topic from the original posted question but it raised this question with me.

Specific to the Fed gun free zone in the 1000’ buffer zone around schools, does anyone have a source(s) I can reference to know if I am violating that statue by driving down a public road within that buffer zone while in possession of a concealed carry firearm with a valid concealed carry permit? Wondering if I need to map out my normal travels to avoid ALL schools and their buffer zones.

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