Legal Issues

5 Reasons Legal Gun Owners Go to Jail

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In this video, U.S. Law Shield and Texas Law Shield President Kirk Evans explains the top five reasons why legal gun owners go to jail — even when they are acting in legal ways using legal firearms.

So you watched the video? Do you think this should be happening? Weigh in with your thoughts in the comment section.

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Comments (20)

  1. Miles you must be a bad cop or horrible attorney, most states do not require unless asked about ccw and two are outright no duty learn the law if you dont want to look like a fool

  2. Thanks for the great comments folks. We appreciate everyone’s interest in protecting our Second Amendment rights.

  3. Actually, Doc, you are off quite a bit. The instances you described quite often DO give sufficient reason (“reasonable suspicion”, NOT probable cause) for an officer to request I.D. Association, demeanor, etc., the list goes on. I hope that you did not pay the “Constitutional Attorney” a lot of money since his advice is wrong, based on the facts you gave. Secondly, most states require you to identify yourself as a CCW holder AND to produce your I.D. without being asked for it. By the way, since you were tossing around credentials, I am a cop and an attorney.

  4. The information provided in the aforementioned video, was quite informative. Thank you for posting the video, as well as thank you to the attorney who presented in the video.

    Would you want your surgeon to know what they’re doing? Or simply guess? My point is, is that LEO should at least know the basic laws. Since they’re asked to enforce those said laws. I’ve found on enough occasions, that that’s not the case with LEO. Many LEO’s have a propensity to violate people’s 4th amendment rights. Simply, by asking a passenger (in a vehicle the LEO stopped for a moving violation) for identification. There is NO reason to ask a passenger in a vehicle for their ID. Unless, the officer, feels, the passenger committed a crime, is about to commit a crime. Or the LEO reasonably suspects the passenger is “going” to commit a crime…i.e. in possession of burglar tools, etc. But, how many times has an officer requested to see a person’s ID based on association alone? And that is not a good enough reason to request or see that person’s ID. At that juncture, you’re violating the person’s 4th amendment right. If the person refuses to provide their ID. And the office, then states, if a cops ask for ID, you must present it, or else you could be arrest. Now, the LEO, is using threat and intimidation tactics.. And quite possibly violating your 1st amendment rights.

    Though I’m a surgeon, I am a responsible CCW holder. And the incident I described above. Has occurred to me several times. I finally got fed up with this. Because I honest believed I had to provide ID whenever a LEO asked for it. I consulted with a Constitutional Attorney, who informed me otherwise. I hope this helps people out.

    I would like to affirm, that I sincerely appreciate everything our LEO’s do for the public. Of course there’s a few bad apples in any profession. I’ve found most LEO are honest, sincere who have integrity. That being said, I advise anyone who’s a CCW holder, to know the laws. As well as, know your rights too. And remember, police officers are people too. And many would agree with the public.

  5. No officer or attorney knows ALL of the laws — its impossible to do and that is why attorneys have all of the books that they do — so they can look up the laws. As law enforcement officers, we do not have that luxury. I say again though, that we DO try to find the truth. EVERY TIME that I answer a complaint or arrest someone, I ask questions to determine as best as I can who is telling me the truth. ONLY THEN do I arrest anyone, and it is the one who is not telling the truth. Any officer who arrests both parties needs to find a new vocation.

    1. I appreciate this video and am glad people are beginning to talk about consequences, which may be, and are very often unfair to someone who is trying to protect her/himself in his/her own home. I just learned to shoot a hand gun, rifle, and shotgun about 3 years ago, and I have gray hair! I’m pro-gun, but am wondering about the changing laws. Thank you for the video!

  6. I am a law enforcement officer in Colorado. This is a very good, short and simple, video. I think it is a good idea to have a legal defense organization behind you, especially with gun related situations. I will disagree with number 4 though. I wouldn’t say that it is our job to find the truth as that is often times very hard to do at the time. I see our job as finding the facts and preserving the evidence of a crime. I have not seen any officer (not saying it hasn’t happened) arrest everyone involved in a shooting and “let the courts figure it out”. I do agree that a lot of officer’s don’t know all of the laws. The Colorado revised statute book for law enforcement officers is 1,545 pages long. That’s the abbreviated version officers use.

    1. I Live In Arizona – Very liberal gun laws and we also have the Castel Doctrine, every case is different, and it’s up to you to know what you can and can’t do, My Knowledge is limited. _ but if you Kill someone in a Home invasion and you are disabled, you have a better chance than if you wound them. ( always Lawyer UP ) even when the Police first show up and Hire a Big City Lawyer – you will walk unless you just shot someone for fun and then you should do time

  7. Excellent video with one caveat — Number 4. I am a deputy sheriff and it IS our job to determine the truth, as best we can. In 25 years I have never arrested both parties and let the court sort it out as to who was guilty, nor have I ever heard of it being done. I am not saying that it has never happened but I am saying that it is extremely rare and is certainly not standard practice anywhere. And if it was done, it was wrong.

  8. WOW! Short, concise & desperately needed information. Thank you so very much. It is on platforms such as this that we gain the necessary insight to keep us all ‘safe’ for years to come. Must “Share” this one!

    Again, Thanx for contributing the time and effort to put together this excellent advice… hope I NEVER have to use it!

    Jim

  9. 1 GET TRAINED
    2 Know your rights in your state
    3 DONT talk to police . What you say can ONLY be used against you
    Tell you are the victim and call the lawyer

    1. Yes, get trained, know the law, know your rights and do not speak as in Miranda “anything you say can and will be used against you in a court of law”, I am a retired police officer with common sense and common sense is now rare and does not necessarily mean it is present in law nor law enforcement.

    2. Dennis said: “common sense is now rare “.
      It is not only rare, in Federal Law Enforcement agencies, it is considered a super-power and a danger to their job security.

  10. I have experience as an LEO. I can tell you some officers do not know the law, and I can also say that some agencies routinely enforce the laws incorrectly by policy (per chief/sheriff/DA).
    The “arrest them all” and let the DA sort it out is common.

  11. Number 6: For most defense attorneys, 95% of the people they see are guilty as sin. Because of this, many attorneys do not know how to correctly mount an affirmative defense or even when an affirmative defense is appropriate. That is one reason why organizations like Texas Law Shield are an important resource for gun owners who find themselves unfortunately having to use their weapon in a self-defense incident.

  12. This is a useful, concise video. Too often training class discussions show how many students unconsciously make the short leap from a firm belief in 2A and the right of self-defense to believing their wishful thinking is actually the way things work. Even when a defensive shooter follows the law and does everything right, he may still be charged then represented by an attorney who, not knowing how to mount an affirmative defense in a firearms case, opts for a plea bargain that leaves his client with jail time, a felony record, and a loss of his 2A rights. True self-defense means not only prevailing in a violent confrontation you can’t avoid, but avoiding or prevailing in the often illogical and unjust aftermath.

  13. I think the video was concise and to the point. It is important to know the rules of engagement and what you can and cannot do in your own State. You probably are best off not using your firearm if you can help it except in the case of home intrusions where make my day or castle domain laws are in effect. If you shoot someone outside the home there better be plenty of witnesses who can back you up as to using your weapon in self defense and fearing for your life and the life of others. I live in Colorado and think I have a good handle on the do’s and don’ts but when you get in any legal system it can be a crap shoot. So best to stay out of it if you can avoid doing so.

    1. This video is very accurate. I was a Police Officer in Alabama from 1994-2001 but after 9/11 I joined the Marine Corps and was severely injured in Iraq leaving me 100% disabled. The #1 problem in Alabama is uneducated police officers. 70% of them have no clue about the gun laws or even knife laws, and older officers still go by the Brady Law. Gun owners just need to learn the gun laws of their states and stay up to date on any changes. I was at a crowded convenience store when an armed man put a gun in the cashiers face, I pulled my pistol and placed it to the back of the would be robbers head and told him to lay the weapon down. He laid the weapon down on the counter and placed his hands on his head. I told the cashier to call 911 and put the gun behind the counter then I escorted the man outside and put him on his stomach till officers arrived. When the first officer walked up I laid my gun on the ground and the showed my id. He attempted to arrest me until my former partner arrived and told the younger officer what he was doing wrong and he then apologized and then thanked me. This situation could have gone terribly wrong but fortunately it saved lives and it got a convicted felon, rapist, and murderer put back in prison where he belonged. Just stay educated, use common sense, and stay safe. SEMPER FI

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