Using A Firearm In Self Defense Is 100% Legal, Right? It Depends..

Dark Parking Lot

Let me share a quick story…

A Dark Parking Lot


Let’s say you’re walking across a dark parking lot near closing time of your favorite restaurant.

As you’re walking toward your vehicle, you notice you are being followed.

Three disreputable-looking individuals seem to be trailing you.

You notice the only vehicle left at this late hour is yours, yet they are walking in the same direction as you.

You begin to worry something bad might be about to happen.

So you reach into your right jacket pocket and close your hand around the comforting grip of your snub-nose Smith and Wesson. One with .357 Magnum hollow points in the chamber.

You reach your car, reaching for your keys with your left hand. You always keep the keys in the left jacket pocket for this very reason.

As you slide the key into the door when you notice the men are still closing on you.

You are clearly a target.

Before you can turn around completely, they’ve surrounded you.

You turn and see each of them brandishing a knife. Before anything is even said, one of them lunges at you, cold, razor-sharp steel leading the way.

There’s a flash of light and the evening quiet is split with the explosion of 8 grains of magnum powder. A hollow point bullet leaves your barrel and catches the lunging man square in the chest.

He goes down.

Eyes go wide on the other perps for only a moment before they take off, sprinting like their lives depend on it.

The man on the ground is not moving or breathing. He is lying in an expanding pool of blood, the twelve-inch stainless blade lying beside him.

You open your car door and sit down, thanking God for your life and your Smith and Wesson.

The manager of the store appears.

You okay, buddy?” he calls out from a distance, wary of approaching.

“Yeah,” you answer. “But you’d better call 911.”

He disappears back inside.

Five minutes later and the police car arrives followed by an ambulance. You set your pistol down on the ground near your vehicle and wait.

You’re smart enough to know to get the weapon out of your hand when the police approach.

At this point, I want to examine two different ways this could go down.

concealed carry gun behind back

Aftermath Scenario #1 – The Hero


You happen to be in a parking lot in the suburb of a large Southern city. Two police officers approach, weapons drawn.

One eyes you warily while the other checks the perp for a pulse. Satisfied there isn’t one, they both turn their attention to you.

Sir, are you alright?” one of the officers asks.

“Yes,” you answer. “I’m okay.”

“Is that your weapon?” the other officer asks, pointing at your Smith.

“Yes.”

He slips on a latex glove and pulls out a plastic bag, then slips the pistol into the bag, sealing it.

Sir, do you know this man?” the other officer asks, pointing at the perp who’s now assuming room temperature.

“No, officer. I have no idea who he is.”

“What happened here, sir?”

You tell your story.

You were attacked by three, unknown men wielding knives. One lunged for you, and you shot him.

You claim self-defense.

They listen to your story. While they do, more police arrive. The coroner arrives and photographs the body. The body is chalked and removed by the ambulance crew. It drives off, lights and sirens off.

Sir, we’ll need you to come down to the station to complete the paperwork. Your weapon is evidence but will be returned to you when the investigation is complete.

You can leave your vehicle here. We’ll drive you home when we’re finished at the station. We can have a unit stop by and give you a lift back to your vehicle tomorrow if you need one.”

The incident is written up as a potentially justifiable homicide, pending investigation.

Self-defense – you are treated with courtesy and respect.

You are treated like a victim of a crime.

The police recommendation is self-defense and District Attorney has no basis for prosecution.

You are free to go.

Officer Holding a Flashlight

Aftermath Scenario #2 – The Criminal


You are in a parking lot in a suburb of a large city on the Eastern seaboard. Two police officers approach, weapons drawn. One eyes you warily while the other checks the perp for a pulse. Satisfied there isn’t one, they both turn their attention to you.

Get down. Face down on the ground. Hands behind your head and legs spread,” an officer demands, pointing his 9mm at the pavement.

You drop to the ground and assume the position.

Is that your weapon?” the other officer asks, pointing at your Smith.

“Yes, sir.”

He slips on a latex glove and pulls out a plastic bag, then slips the pistol into the bag, sealing it.

Sir, do you know this man?” the other officer asks, pointing at the perp now assuming room temperature.

“No, officer. I have no idea who he is. He and his buddies surrounded me, and he rushed me with that knife.”

“Just like that? He attacked you for no reason?”

“I didn’t say he didn’t have a reason.”

“So what did you say to him?

“I didn’t say anything.”

“You just shot him because he was holding a knife?”

“He lunged at me.”

“Are there any witnesses?”

“I don’t know.”

“Sir, do you have a problem with people not of your race?”

“No, of course not.”

“But you shot them dead just because they’re carrying a knife?”

You don’t know what to say at this point. Things are not going down the way you envisioned. A little voice in the back of your head says to shut up and ask for a lawyer.

They pull you to your feet and cuff your hands behind your back. More police arrive. The coroner arrives and photographs the body. The body is chalked and removed by the ambulance crew. It drives off, lights and sirens off.

The press arrives, and more flashbulbs are going off all around you.

Sir, you’re under arrest, your weapon is being impounded. You have the right to remain silent anything you say can be held against you in a court of law. You have the right to an attorney. If you cannot afford an attorney one will be provided for you.”

You’re arrested. You’re treated like a criminal.

The police recommendation is prosecution to the District Attorney on several charges. Even though it was determined that the killing was in self-defense, there’s still some doubt as to whether it was justifiable.

You had a gun, and the perp only had a knife.

You find yourself charged with three crimes, including:

There also happened to be an elementary school within 1000 feet of the parking lot. Even though it was well after school hours and well after dark, you are being charged with violating a school firearm restriction statute.

You need a lawyer. Technically you are free to go but with a bond set at $25,000.

So you sit in your cell wondering if you did the right thing, whether you said the right thing to the police.

You are in totally uncharted waters. Nothing in your previous experience has prepared you for this day. That breeds more doubt in your mind. Was there a way to prepare? Did I just miss the boat?

Both of these scenarios are played out regularly across this country. In many times it boils down to your location.

If you find yourself in an area with a liberal, anti-gun political climate, perhaps with a Mayor District Attorney looking to score points for an upcoming election.

You’ve found yourself in a world of hurt for exercising your Second Amendment right to bear arms and protect yourself.

And God-forbid you were attacked by someone of a different ethnicity than yourself. That could make your self-defense a hate crime committed by a racist vigilante in some liberal district attorneys’ eyes.

Your self-doubt is natural and valid. You may not be prepared for this scenario and, frankly, you may just be counting on a friendly jurisdiction with healthy common-sense law enforcement.

This is something you can’t rely on today.

So what should you have done? What can you do?

Concealed Carry Insurance

The United States Concealed Carry Association (USCCA) provides answers.

USCCA has extremely affordable comprehensive concealed carry insurance. They also provide instruction on what to do if you are ever in a similar scenario.

Most important, they’ll provide an expert self-defense lawyer immediately and will post bond for your immediate release.

If you are going to carry a weapon with the idea of protecting oneself using lethal force, you need to be educated and protected.

You may say,

But I’m protected by the 2nd Amendment of the Constitution.”

Yes, you are, but that protection often doesn’t kick in until the end of a trial.

The hardship, legal fees and time spent in jail before your trial can ruin you financially and professionally, as well as destroy your reputation.

Don’t let another day go by waiting in the dark for a bad guy to attack you and test our legal system.

Get Educated – Get Insured – Get CCW Insurance – Check Out USCCA Today.

When you take a hard look in the mirror, the only reason you carry is for personal protection. Not to look cool, not to feel important, not to show off or any other egotistical reason.

It’s because of a growing trend in today’s America. It’s a nagging feeling in the back of your head saying “only you can protect your family from mindless threats.”

Not the cops, not the government, not the politicians. Just you.

From today’s young adults literally “killing for attention” to widespread home break-ins. From lone-wolf terrorist attacks to violent rioting mobs, we the American people understand police cannot protect us from violence.

At best, the police can chalk a white outline around your motionless form and maybe shoot down or capture the bad guys – after the fact.

That doesn’t help you or your family much…

Twenty-first Century America is a dangerous and violent place, and millions of Patriots are deciding they should carry a little danger themselves. Hence, the advent and widespread adoption of concealed carry.

Not that you’re looking for trouble, but if trouble finds you, you want the option to return fire.

If this sounds like you, then undoubtedly you’ve also thought long and hard about the reality of having to use your chosen concealed carry weapon in the real world.

You’ve likely already read and researched numerous advanced training techniques and considered which ammunition best suits your self-defense goals. You’ve probably tested which holster works best for your gun of choice and your most comfortable carry location.

But all these decisions are just the beginning. They’re the things we all do before we’re ever forced to pull the trigger.

We tend to forget about what happens after the trigger is pulled in a self-defense shooting. We don’t take the time to research and educate ourselves on how to prepare and respond to hard questions.

Because in a self-defense shooting, you’d be the good guy, the hero, the savior, right? Maybe, maybe not…

In any self-defense shooting, the authorities must launch an investigation.

Even if you think you had the right to defend yourself, others may not be so quick to agree.

You must educate and prepare yourself for the harsh consequences, tough questions, and possible penalties to come in the aftermath. You need concealed carry insurance.

USCAA – Protecting The Protectors

Listen – the sad truth is, being a responsibly armed American does come with some risks. Not just the risks associated with a self-defense shooting but the complicated legal aftermath.

Now, of course, the reason you carry is to mitigate risk as well. The risk of being attacked and being able to protect yourself and those you love.

You refuse ever to become a helpless victim.

But you need to spend some time now thinking about and preparing for what comes after you’ve asserted your self-defense rights.

The difference between going to jail or going home to your family will be your ability to navigate the follow-up investigation.

Proving your innocence without a plan or an experienced team in place will be difficult and cost you both financially and mentally – no matter the incident.

Even if you do everything right – even if you should be the hero of the situation – if you say or do the wrong thing in the heat of the moment, the follow-up investigation could take a surprising turn.

The good news is you don’t have to bear that burden alone. The USCCA was created to protect the protectors like you and me.

Their mission is to support responsibly armed Americans through the scary and overwhelming aftermath of a self-defense incident. So, you can quickly get back home to your family where you belong.

From 24/7 emergency assistance via the Self Defense SHIELD Critical Response Team to an immediate attorney retainer to post-incident psychological support, the USCCA will get the ball rolling in your favor and will be there with you every step of the way.

If you’d like to learn more, visit: 

Remember: Prepare, Adapt, and Overcome,
“Just In Case” Jack