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  #51  
Old 05-31-2018, 03:23 PM
locolobo56 locolobo56 is offline
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I took the CCW class a few years ago, also in Texas, and the things the instructor said were scary indeed. Not so much about the legal aspects of the CCW law but in the civil suits that can and have come about after a self defense shooting where the perp was shot. Whether deceased or not. The suits have happened, most often filed by family of the perp, who are looking for a payday. The LTC law prevents prosecution in a self defense situation but does not prevent civil lawsuits. This alone, having to defend yourself in a lawsuit, can be financially draining and is scary as heck. Hope the OP can soon come to what could be, a life saving decision.
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  #52  
Old 05-31-2018, 06:04 PM
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Your concerns are normal for someone new to firearms and concealed carry. The comments above are good advice. The only question I'd ask you is, have you ever been in an incident that would've involved drawing a weapon before you started carrying? Chances are, no. I've had my CPL for 10 years. The only place I've ever drawn and fired my weapon is the range. The key is to have a very long fuse. You can't let little things get under your skin. Remember, if you get into an altercation of any type, there's always a gun involved, yours.
P.S. Insurance is a good idea. I know it's an expense, I'm on a fixed income too. Better to have it and, (hopefully), not need it.
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Old 05-31-2018, 10:22 PM
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Originally Posted by hdtwice View Post
As someone who is working toward getting a CCW, how does a person find out all the ins and outs of their local law?
Find a copy of the law in your state and read it .. Then set down and read each section again and again .. if any questions there is usually someplace to ask and to get a reliable answer !! Beware of any answer given on a forum !!
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  #54  
Old 06-21-2018, 10:05 AM
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I will tell the OP what I have told a hundred other folks (or more) over the years:

If you are ever involved in a deadly force situation the only statement you should make is something like this: "I WAS IN FEAR FOR MY LIFE. I WAS FORCED TO DEFEND MYSELF. I HAVE NOTHING FURTHER TO SAY UNTIL I AM REPRESENTED BY LEGAL COUNSEL."

Short version: SHUT UP, LAWYER UP.

Why? Because otherwise you will be interviewed and interrogated again and again, by several officers and/or prosecutors, and those folks will then go over every word said, building the time-line of the events, and looking for any discrepancies, additions, or evasive responses. You may be asked to re-enact the events, again and again, while being video-taped, again searching for changes, discrepancies, etc.

Wait until you have a lawyer, then explain everything in detail, answer all the lawyer's questions, and allow your lawyer to assist you in providing a statement ONE TIME, and respond to questions only with the supervision and approval of your lawyer.

You are under no legal or moral obligation to assist authorities build a case, POSSIBLY AGAINST YOU.

That will help you get through the criminal justice side of the situation. That still leaves the civil law side to deal with. You can expect to be served with a civil complaint seeking financial damages for the bad guy, for the bad guy's mother & father, for the bad guy's wife & girlfriends, for the bad guy's children, for the bad guy's elderly grandmother(s), and possibly others.

You must defend against such civil claims; failure to respond can result in a judgement against you by default. Defense costs will certainly include attorneys' fees, court costs, and probably some investigators' fees and expert witness fees. It will be terribly expensive, and it will drag on for months, possibly a few years, before the matter is adjudicated or settled. So you should be looking at your insurance coverage; if you have a homeowners' policy find out if your personal liability coverage will apply to such events (on your premises, off your premises, etc). You may want to discuss adding an umbrella liability policy (relatively inexpensive), but only if it is known to include such personal liability matters. You may want to explore specific insurance policies designed for just such incidents (NRA has a pretty good policy at minimal expense).

The main thing you will get with proper insurance coverage is legal representation and defense costs. Granted, the attorneys involved will be primarily representing the insurance company, rather than you personally, but in order to defend the claim they will have to defend you and your acts. Don't be surprised if the insurance carrier decides to settle the claims by paying an out-of-court settlement; this is very common. Sometimes referred to as a "nuisance settlement", basically the insurance companies actuaries will estimate the total costs of litigating the case, then see if they can settle the claim for a lesser amount, thus saving the insurance company some money.

Please go to the NRA website and explore their endorsed insurance policy for firearms owners. If nothing else, having such a policy may settle your mind a bit and allow you to go forward in peace.

Best regards.
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Old 06-21-2018, 02:35 PM
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For me, I greatly reduced my liability by changing my mindset once I got my CWP. Prior to getting my CWP and actually carrying, if I encountered a situation that was intrusive or offensive to my personal space and sensibilities I was pretty quick to call BS and even confront the person(s). Since I started carrying and understanding the potential lethality of doing so I don't find myself reacting to idiots any more. I get much more satisfaction letting idiots go on about their blissfully stupid ways with a smile on my face.
With this adjustment in my mindset, I'm pretty certain my liability is minimal and in the event that I have to present or discharge my firearm for self defense it is going to be fully warranted.
This is especially true concerning road rage. I was riding w/a friend who had just gotten his ccw when some fool cut him off. He started to go off on him when I sternly reminded him we were both carrying, and I did not want to have to back his play. He cooled down right away.
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  #56  
Old 06-21-2018, 02:40 PM
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Yes surprise, carrying a gun is a huge responsibility. At least you understand that, many do not. Yes get some sort of ccw insurance, something will be better than nothing. Even if your shooting is justified, doesn't mean the bad guy's family wont come for your wallet.
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Old 06-21-2018, 04:22 PM
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I think many of us had the same thoughts when we first started to carry !!
Just like we all thought we were printing when we first started to carry .. and that everyone was looking at you ..

But the odds of you having to fire your weapon in self defense I think actually decrease with the time you carry .. The reason is you become acutely aware of your surroundings and would be less likely to be in a situation here you would need to draw and fire your weapon !!

Most people I have talked to have said they have slowed down .. not being in such a rush .. we tend to look around more and take in our surroundings .. keeping our attention to what is at hand and not a cell phone !!

If you watch carefully even someone not printing you sometimes can tell who is carrying .. their head is on a swivel always looking around .. movements are more positive .. many try to shield their carry side away from strangers .. very alert ..

Good Luck on carrying !! go slow build confidence in your ability !! You will be fine !!
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  #58  
Old 06-21-2018, 07:01 PM
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Originally Posted by scatter shot View Post
For me, I greatly reduced my liability by changing my mindset once I got my CWP. Prior to getting my CWP and actually carrying, if I encountered a situation that was intrusive or offensive to my personal space and sensibilities I was pretty quick to call BS and even confront the person(s). Since I started carrying and understanding the potential lethality of doing so I don't find myself reacting to idiots any more. I get much more satisfaction letting idiots go on about their blissfully stupid ways with a smile on my face.
With this adjustment in my mindset, I'm pretty certain my liability is minimal and in the event that I have to present or discharge my firearm for self defense it is going to be fully warranted.

Another way to express that excellent sentiment is: "An armed society is a civil society."
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Old 06-21-2018, 07:21 PM
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Read Massad Ayoob's excellent book: "DEADLY FORCE: Understanding Your Right To Self Defense." It is available on Amazon for around $20.

In a month, read Ayoob's book again. Ayoob is easy to read; his book is not packed with dense legalese. I have read it twice.

Attorney Branca's "AFTERMATH" book is also excellent, but it is difficult to read, even for an old attorney like me, experienced in reading dense legalese.

Buy a self defense insurance program, like that offered by USCCA (United States Concealed Carry Association) or NRA's Carry Guard. Your homeowners policy and umbrella policy have nothing for you. Self defense is an intentional act. You draw your gun, on purpose; you intentionally aim the gun; you intentionally pull the trigger. Intentional acts (other than defamation) are excluded in every homeowners and umbrella policy I have read (many). Your homeowners/umbrella policy should cover you for a negligent discharge, but that is quite different from self defense.

The first caller to 911 after the shootout is called the "Victim" by the cops. The last caller is called the "Perpetrator." In the law, we normally consider flight from the scene to be evidence of guilt.

Find your lawyer NOW. Go to Martindale.com, search for lawyers by specialty (you want criminal defense) and geographical area. Lawyers are anonymously and accurately rated by one another with one star to five star ratings. Ask for a "Free Initial Consultation," a free get-to-know-each-other meeting, which many, many lawyers offer. Interview several. Go armed with a written list of questions to ask the attorney. Do it now, with no incident pending. I have no idea how you find a really great lawyer from a holding cell after you are arrested and while surrounded by drunks and other recent arrestees. You will need a talented, experienced lawyer who has successfully handled numerous self defense shootings.

Look for seminars, of the sort that I give. I call it: "What To Do After Your Self Defense Shooting." My most recent one was last night.
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Last edited by Collects; 06-23-2018 at 06:58 PM.
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