Liability of Carrying

I’m a beginning gun owner and new to the forum. Did not know where to post my concern but did here since I own an M&P pistol (380 EZ). Yesterday I completed my LTC class and passed both the written and range tests so am ready to apply for my Texas LTC. Have to say tho, the biggest thing I came away from the training is how financially devastating it can be to ever find yourself in the situation to have to defend yourself. Even just drawing your gun and not actually shooting it can result in an aggravated assualt charge until proven justified by the courts.
I KNOW, I KNOW! Your life is very valuable (duh) and is the first priority but I just can’t quit thinking about the financial aspect of it and that my husband does not (he has had his license for a year). We are retired and while not having a lot of income, I manage well and we live comfortably but it’s a precarious ledge. Also I am just a worrier by nature. At the class, we were told about insurance but I’m not sure I can add that monthly expense.
Just wondering how others handle this looming worry, especially when just starting this journey of carrying? And feel free to call me ridiculous.

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.

The best thing you can do to assure a favorable outcome of any shooting is to know the law where you live. A justified brandishing or shooting is well, justified. Be a responsible gun owner and follow the law, you'll be just fine.

I would recommend and encourage you to read Andrew Branca's book on self defense "The law of self defense". Understand and obey the law is part of self defense and I recommend this read.

Be well versed in your local laws and if you can't afford to keep an attorney on retainer, at least have the contact information for a good one available to you. You have to decide if the vicarious risk to your welfare is severe enough to balance the liabilities that come with carrying a firearm. If you can't square all of that with yourself, you're better off leaving it at home.

oreod said:

I would recommend and encourage you to read Andrew Branca's book on self defense "The law of self defense". Understand and obey the law is part of self defense and I recommend this read.

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I just looked at this on Kindle and it seems to be exactly what I need to read, so thanks for the suggestion. Otherwise I agree with Trooper224, that I need to forget this before I even start. However that is not an option for my hubby. Now he is a very sensible mature/responsible man but he has already said “if somebody is trying to take off with my truck.....”. This truck is a 2004 Chevy pickup worth about 6k, a macho, good looking 4x4, but could easily be replaced (in reality) but not to him. That may be why I’m worrying

GunsNParadise said:

.....the biggest thing I came away from the training is how financially devastating it can be to ever find yourself in the situation to have to defend yourself. Even just drawing your gun and not actually shooting it can result in an aggravated assualt charge until proven justified by the courts.

.....I just can’t quit thinking about the financial aspect of it.....

I agree with Trooper224, that I need to forget this before I even start.

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You are a very wise woman. You're ultimate "weapon" is your brain, and you're way ahead of the masses in that respect. Stay smart, be safe, and whatever you choose to do, keep "thinking".

Oh, my.

GunsNParadise said:

... Yesterday I completed my LTC class and passed both the written and range tests so am ready to apply for my Texas LTC. Have to say tho, the biggest thing I came away from the training is how financially devastating it can be to ever find yourself in the situation to have to defend yourself. ....

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(emphasis added)

I won't call you 'ridiculous,' but if you truly think the above is the 'biggest thing' you learned, I believe you missed the whole point of CCW training.

Be safe.

The Big D said:

(emphasis added)

I won't call you 'ridiculous,' but if you truly think the above is the 'biggest thing' you learned, I believe you missed the whole point of CCW training.

Be safe.

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No she didn't, the liabilities are just as important as anything else. As a matter of fact it was pretty much the first thing our instructor went over and he did emphasize the liabilities of using a firearm no matter how dire the situation. It's all part of the mindset of carrying.

GunsNParadise you're doing fine thinking about these things. I'll leave you with another theory on carry you also learn over time, one everyone knows, it's better to be tried by twelve than carried by six.

GUNSNPARADISE, you are not ridiculous. It sounds to me like you are a mature and well balanced adult. As far as The Big D, I can well see how a good shot that is well trained in gun safety and marksmanship could take a LTC class and the liability issues being the big take away since you already new most of the other information. I fall in this category as well. I’m now 62 and have been shooting, hunting and participating in shooting matches for over 40 years so for me the legalities of carry struck a cord. I have worked hard and have earned a very comfortable living and do not want to risk loosing it over an unthought out dumb mistake that could also result in a felony charge preventing me from even owning a gun. Keep comfortable in your ability to carry and the knowledge of how to do it legally. Those who ignore the liabilities of Cary may well find themselves charged with a felony and in jail unable to carry or own guns when they get out. You on the other hand will be secure in your ability to own and carry safely and legally.

liability of carrying

Unfortunately, if you use a firearm to defend yourself and make a mistake in the law, you may get arrested. That is always a possibility, unless you have a responding police officer who also believes in your God-given Right to self-defense. On the other hand, you will be alive or your family will be alive. The other alternative (lying on the ground) sure leaves a lot to be desired. Make sure you have "self defense insurance). You got to be nuts not to have it these days - plus it is cheap. I would recommend CCW Safe as it is by far the best out there. (CCW Safe - Legal Service Membership Plan for CCW Permit/License Holders)

Nick

It certainly is not ridiculous to think about the possibility of having a bad result from a weapon use event. It’s that careful thought that is most likely to keep you from having that bad result.

For most thoughtful folks, carrying a gun moderates impulsive behavior that might end in a bad result.

For a few folks, carrying a gun releases their inner fool.

It’s the latter that most commonly get themselves into trouble using a firearm.

Insurance is an option, but requires much more through analysis than the average consumer is likely to devote to a decision to buy a particular policy. They often pay only in limited circumstances, you often have to advance your expenditures then chase the insurance company for reimbursement. For most folks, the coverage is of limited benefit. Keep in mind that the folks selling and advertising such insurance aren’t doing so out of altruism: they’re making money at it.

SATX said:

The best thing you can do to assure a favorable outcome of any shooting is to know the law where you live. A justified brandishing or shooting is well, justified. Be a responsible gun owner and follow the law, you'll be just fine.

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As someone who is working toward getting a CCW, how does a person find out all the ins and outs of their local law?

OP is a 'beginning gun owner,' and seems most concerned about financial liability. Makes very little sense to me.

Be safe.

Minorcan said:

...As far as The Big D, I can well see how a good shot that is well trained in gun safety and marksmanship could take a LTC class and the liability issues being the big take away since you already new most of the other information. ....

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This is a great topic. Thanks OP and thanks for the book reference. I will be buying a copy on Amazon.

I agree that common sense and awareness can keep you from making a horrible regretful mistake. I've been interested in the insurance options but I believe it is not a replacement for common sense, awareness of laws, awareness of circumstances AND self control.

A book such as "The Law of Self Defense" might be a great help arming you with information you just may be able to apply in an instant!

GunsNParadise said:

I’m a beginning gun owner and new to the forum. Did not know where to post my concern but did here since I own an M&P pistol (380 EZ). Yesterday I completed my LTC class and passed both the written and range tests so am ready to apply for my Texas LTC. Have to say tho, the biggest thing I came away from the training is how financially devastating it can be to ever find yourself in the situation to have to defend yourself. Even just drawing your gun and not actually shooting it can result in an aggravated assault charge until proven justified by the courts.

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Congrats on your decision to carry. Now you get to go through the "Wally World "carry (usually everyone's 1st public CC.). As said, know your State's laws (read the actual statutes, look at case law, etc). We here in Florida are lucky to have a Lawyer ( Jon H. Gutmacher) who specializes in CWL cases and wrote a book covering case law ( and keeps updating- I have the 7th edition). I'm not familiar with TX law, but in Florida, we have a law that specifically spells out what Brandishing is. We had a law against brandishing before, but spunky DA would charge people if they inadvertently exposed their weapon( vest blew open, or gun exposed when bending over, etc). Now, the new law forgives those incidents. Brandishing is when you deliberately threaten someone with a gun (You may NOT say, "You better leave me alone, I'm armed!") or pull it to threaten or intimidate. THAT is a no no.

The acid test, that a judge will use (and you hope that you have plenty of witnesses that will testify to that) that if you did NOT use your gun to stop the BG, they were DEFINITELY going to hurt you or someone. Also, they look at Disparity( was that threat able and willing to carry out the threat: you - 5', 100lb soaking wet, BG - 6'4", 250lb, you against 2 or 3 or 4). Speaking of that, THAT is why you carry- to stop a BG from hurting you or someone. Nothing else. Don't pull your gun unless you intend on immediately using it. Unless you HAVE to use it to save your life.

I've been CC for over 30 yrs now and have been in dozens of confrontations, but 99.99% are less than lethal encounters, so using a gun was out of the question. Mace or a taser is MUCH more likely needed than a gun. Btw, bullet selection is an issue. I use Glaser Safety Slugs, exclusively. ALOT less over penetration. There's a saying: "Every bullet has a lawyer attached to it." So true.

Proceed with caution, but don't let it scare you so that you don't carry at all. Get training and practice. Dry practice at home. Practice carrying and drawing and presenting, etc., at home. Become comfortable wearing it and practicing the "manual for arms" ( draw, present, trigger press, reload, reholstering, etc).

You control the gun, it does not automatically pop up out of your holster and shoot the attacker or assailant. You decide when to draw or not, you decide whether to shoot or not and you decide to die or not. If ever in a situation you are the one that can mentally process how much $$$ is at stake before you decide to shoot.....but in that case the assailant May have already decided your fate. Put your gun away, move your assets into a living trust under your name so that if your spouse does decide to use his gun he has no assets at risk. Sounds like CC is not for you.

CCHGN said:

I've been CC for over 30 yrs now and have been in dozens of confrontations,

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?? Why so many confrontations?
That is a high number. Job related or just life related?

@OP:

I can understand where you are coming from. I am a disabled retiree that is also a custodial parent. I am dependent upon my pension and social security, plus I need to provide for my children. Unfortunately, my state doesn't trust law-abiding residents to carry, so I must rely on a non-resident permit when I travel out of state.

I,too, am concerned about the legal and financial implications of carrying, the first step I made was to find an insurance program that I was comfortable with. I went with USCCA because they: paid up front, didn't need to review my case to confirm the shooting was justified before money was paid, and the clincher was the post shooting counseling available to me was extended to my children if they were present at the scene of a defensive shooting. USCCA provides representation or reimbursement for your own lawyer, bail, and payment of any civil liability.

This insurance was comforting, but left a gap. I went to a local US Lawshield seminar and I was brought up to speed on the laws and confident in the program attorney for NJ. I promptly joined. For about $13 a month, I now have unlimited legal representation in all 50 states (as long as I maintain my membership). Basically, for $40 a month, I have legal representation that I am comfortable with, and I have financial resources in place to ensure that I can legally be home at the end of the day with my children, and they can get counseling should they ever be part of a shooting situation.

Some may say that I am throwing away money, but I see it as purchasing peace of mind.

Know the law, develop your mindset

Self defense is filled with lots of perceived feelings and subjective decisions, which leaves a plaintiff's lawyer lots of wriggle room to shade the facts against you.

It's important to remember that you are not a law enforcement officer and you do not have a municipality to indemnify you against civil judgment. For this reason, you cannot be too quick in jumping into a situations unfolding around you.

The law is most favorable to you when acting in your home against an intruder but self defense should not be construed to be a license to kill. Outside your home, you are in the legal minefield and the more "blue' your local government, the more likely you will find a hostile or indifferent authority scrutinizing your actions with a view to "make an example" out of you.