[protectthe2nd]

I recently got my permit to carry. The class I took was pretty good and we had to study a lot of issues dealing with guns, ammo, when and where you can carry, how to shoot a weapon, stance, grip, sights, applying for permits, choosing the right weapon and holster, basically every part of the concealed carry picture .....

Except legal issues surrounding the actual use of your weapon!! I was really surprised and I told the instructor about it on the survey at the end of the course. To me, this should have been one of the biggest parts of the class.

So my question is this: can anyone provide a reliable source of information regarding when it is okay to pull your weapon, when it is legal to actually use it, and what to do before, during, and after such an event. I have seen a few posts about the subject before, but none that went into depth of actual law.

I don't want to go to jail because "I didn't know that."

 

[Marinevietvet]

I recently got my permit to carry. The class I took was pretty good and we had to study a lot of issues dealing with guns, ammo, when and where you can carry, how to shoot a weapon, stance, grip, sights, applying for permits, choosing the right weapon and holster, basically every part of the concealed carry picture .....

Except legal issues surrounding the actual use of your weapon!! I was really surprised and I told the instructor about it on the survey at the end of the course. To me, this should have been one of the biggest parts of the class.

So my question is this: can anyone provide a reliable source of information regarding when it is okay to pull your weapon, when it is legal to actually use it, and what to do before, during, and after such an event. I have seen a few posts about the subject before, but none that went into depth of actual law.

I don't want to go to jail because "I didn't know that."

Every state has different laws/ statutes/legalese.

Study, study, and study some more the laws in your particular location.

JMO.

ETA: Remember no matter what advice or suggestions you might get here you are responsible for knowing the law.

 

[SteveZ]

Suggest spending a couple hundred bucks for a consultation with a decent attorney where you live, one whose practice includes defending CCW holders from criminal prosecution and private claims. This subject is too important to rely upon amateur hearsay. If not sure where to find such a person, check with the local IDPA club, rod & gun club and the local bar association. After you fire is not the time to say, "If I only knew then....."

 

[91 whiskey]

I


So my question is this: can anyone provide a reliable source of information regarding when it is okay to pull your weapon, when it is legal to actually use it, and what to do before, during, and after such an event. I have seen a few posts about the subject before, but none that went into depth of actual law.

For the first part of your question I'm going to tell you to look up the self defense laws for your state. Regarding the second part look up Masad Ayoob on Youtube or buy some of his training DVD's

 

[Burks]

To sort of go along with the OP's original question (forgive me if I intrude).

Does your state consider placing your hand ON your weapons "drawing" it? Say the bad guy hasn't cross the line of you drawing your weapon but is darn.close, so you place your hand on your weapon to:

1. Anticipate drawing/using it.
2. Ward off the bad guy by him seeing you doing it.

And does it matter if the weapon is unseen while placing your hand on it or it becomes slightly exposed? Say maybe the grip and hammer?

Just curious. Seems it might stop a lot of bad guys in their tracks even appearing you are armed.

 

[kruizer]

In Minnesota we are required to say DONT HURT ME, DONT HURT ME, DONT HURT ME !!! and back away from the BG. Your instructor should have schooled you in your state's law with regard to dealing with a BG. I'm just sayin.

 

[bingo]

Go here: Armor of New Hampshire: Judicious Use of Deadly Force And get Massad Ayoob's great DVD "Judicious Use of Deadly Force". You will NOT be sorry.

 

[Laker]

Concealed carry is a huge responsibility. You need to know your states laws well to protect yourself. It's as important as always carrying a firearm. Remember, internet advice will not hold up in court, so do your homework.

 

[Laker]

To sort of go along with the OP's original question (forgive me if I intrude).

Does your state consider placing your hand ON your weapons "drawing" it? Say the bad guy hasn't cross the line of you drawing your weapon but is darn.close, so you place your hand on your weapon to:

1. Anticipate drawing/using it.
2. Ward off the bad guy by him seeing you doing it.

And does it matter if the weapon is unseen while placing your hand on it or it becomes slightly exposed? Say maybe the grip and hammer?

Just curious. Seems it might stop a lot of bad guys in their tracks even appearing you are armed.

If you have an Ohio CHL, I suggest you learn the answer to your questions!

 

[Fishinkeylargo]

Every state is different, and if you travel between states it is important to know the laws of that state.

Florida has a great web site and book to use as a reference, I would suggest checking around in your state for something similar.

Florida Concealed Carry Forums

http://www.floridafirearmslaw.com/Carrying-Concealed-Firearm-Concealed-Weapon.html

 

[gwpercle]

Talk to a local police officer. schedule a time when you can sit down and talk face to face to get all your questions answered.
After being shot in the face during an armed robbery in my office, I am small business owner, a police leiutenant sat down, apoligized for not being able to protect me and said " you have to protect yourself" then explained all the places I could legally carry a gun . Turns out in my home , in my car driving to work ,at my office( I am the owner ) and back home does not require any special carry permit . I'm allowed by Louisiana law to protect myself and family. He then explained concealed carry permits, when deadly force is allowed etc. and answered all my questions...He acted as if it were a pleasure to help me. There was no cost for his advice, and it was invaluble to me . Possibly there is an officer in your city who would help you. Call the local station and see.
This is one area you must have correct and complete answers to those very important questions you have. Just cause you read it on the internet.......
I can't believe the course never adressed that topic...that is the most important thing to know!
Gary

 

[CaptainSundance]

Good questions that requires good answers in every state.

 

[Pollard1911]

For the first part of your question I'm going to tell you to look up the self defense laws for your state. Regarding the second part look up Masad Ayoob on Youtube or buy some of his training DVD's

I certainly agree with the Ayoob recommendation. But more to the point, you must do your homework. And not just once. States are constantly updating/ changing laws. This means cultivating good legal sources (in Cook County here in Illinois, the courts have law libraries in them) and revisiting these sources annually.

 

[mawguy]

Here in Kansas, the law allows us to defend ourselves. We also have the Castle Doctrine, which allows us to defend our homes against intrusion. My CCW instructor is a veteran, uniformed Lieutenant in our metropolitan police force, and an instructor at the Police Academy. He drilled into our heads that unless we could articulate the grave danger to ourselves, or those near us, we could not defend our use of deadly force in court. In short, you need to have "unlock codes" in your head that you will know in advance when to draw and when not to. Situational awareness and avoiding danger is the first rule. When there is no choice, you defend your self.

I hope that day never comes. If it does, then I will do what I need to do.

 

[JoshNix9]

For those saying that a CCW instructor should be telling you when you can and cannot legally draw your weapon, are your instructors also attorneys or trained by the state to do so? There is no way that an instructor should be giving any legal advice for any reason unless they are.

I am strictly speaking for CT here, as an instructor and as someone who manages an attorney's office. If I as an instructor give legal advice on whether you should or should not draw and fire, I can now be held responsible for your actions and guilty of the unauthorized practice of law, which will get my pistol permit revoked. As instructors we are trained (at least NRA Instructors) to recommend seeking legal advice for that reason. Our class is to teach safe handling and operation of firearm, not law. Perhaps it is different in states where the state itself trains and certifies the instructor rather than the NRA, if so, that's cool.

 

[william]

The following is the advice I was given: If you feel you need to draw, use it. When you use it, ensure that your side of the story is the only one that is heard in the first person. Otherwise, leave it where it is and make better choices.

Your mileage may vary. Don't try this at home.

 

[Burks]

If you have an Ohio CHL, I suggest you learn the answer to your questions!

I do appreciate the smart comment but at the same time you could have provided some advice. Might I suggest a reading course or some common courtesy?

Reread my post. Did I ask for Ohio only? Did I not ask "your state"? Please read carefully before jumping the gun and acting as you did.

I was curious as to how it differs from state to state. You never know when it might come in handy. A little friendly comparison and conversation never killed anyone.

 

[jonrjen]

If you think clear and assess the situation, simply put you will know when it is time. If you have doubts about your timing, your best to keep assessing the situation until you can make a clear choice. There is nothing wrong with retreat vs. the taking of a life. But, don't ever think your life is of less value than the aggressor or perceived threat you are facing.

Problem is that in todays society too many people look for a reason to pull/show/use their concealed firearm.....don't be that person!!!

 

[Camo]

My instructor gave us info on that and what to do if you had to use your fire arm for self defense.

 

[G8R8U2]

As has been said, you must familiarize yourself with not only the laws of your state, but every state you intend to visit while armed, including ones with and without CCW reciprosity with your state.

The laws vary considerably and are often complicated.

Me, I'm lucky; mom's a retired judge, one cousin is an FBI SA, and another is a prosecutor in the DA's office right here where I live. I'm allergic to legal fees. :biggrin: