CHAPTER 2

LEGAL

REPERCUSSIONS OF USE OF FORCE

The average cost of defending a justified use-of-force shooting is $40,000. While I would be willing to spend ten times that if it means I get to keep breathing, I will not risk this for pride.

If you are not willing to walk away when someone curses you, insults you in front of your kids, or talks ugly to your wife, think very hard on these repercussions.

I used to teach my officers in the penitentiary that we did not care what a convict said as long as he was doing what he was supposed to do. He could tell us all day long what he was going to do when he “got out,” or what he would do when he was “written up.” Talk is cheap. I am not willing to trade my freedom for loose talk. More importantly, I am not willing to hurt someone over pride.

You should also be aware that there are people in jail right now that have done all the right things in a bad situation. I know a man in prison who took tactically correct action to save his life, but that tactical action did not follow the law. I know a lot more that are incarcerated because they did not have a firm understanding of the law or worse yet had a faulty understanding. It is a sobering thought. You must research and decide for yourself if you will risk the repercussions if you wish to exercise your right to carry firearms. Sometimes there is no “right answer.”

CARRY LAWS/GUN OWNERSHIP LAWS

Laws on the legal ownership and bearing (carrying) of firearms change each year. These laws also change from state to state, or even from town to town. Entire books have been written on the firearm laws of single states. This one is not going to explore carry laws and gun ownership laws in detail; however, let’s take a look at some basic concepts.

Some states require registration of each pistol you buy; some even require licenses or place limits on the amount of firearms or types of ammunition you buy. The best place to learn about these rules in most states would be the State Police, Department of Safety, or Bureau of Criminal Investigation. However, this varies; in one state I know of, firearm licensure for both civilian carry and armed security is done through their Department of Agriculture. Each state is different. I would suggest you call your local police department for information on the regulatory agency so that you can get accurate information.

“MAY ISSUE”

Once you learn how to buy the gun, know that some states do not allow carrying of handguns in any manner. Others have what are known as “may issue” laws. A “may issue” or discretionary carry law allows the carrying of a firearm with a license; however, the issuing agency (normally the county sheriff) does not have to issue the license to everyone who applies. They may deny the application without giving a reason. In places such as this, carry permits are often politicized, with some people excluded without recourse. Basically a law like this says the granting authority may issue a permit, but they don’t have to.

“SHALL ISSUE”

The next level is known as “shall issue.” “Shall issue” states have the requirement that if the applicant meets the state’s requirements; the permit must be given to the applicant. Generally the requirements are simple, and they include all or some of the following:

• License Fee—Generally between $50.00 and $150.00 for a period of years (normally four or five)

• Background Check—The applicant cannot be a felon, addicted to narcotics, mentally disabled, or convicted of or indicted for domestic assault

• Fingerprints

• Photograph

• Training course—Sometimes this can be simply a certificate from an NRA course. In other states it must be a specific course given by a state licensed instructor

As a person that understands the complexity of firearm training, I agree with a requirement that anyone wishing to carry a firearm pass a safety course; however, I also understand the civil liberties involved, and that some people cannot afford course and license fees. The poor have as much right to self-protection than do the rich; it is a balancing act to meet the needs of society as a whole.

VERMONT CARRY

Examples of various state gun permits.

The greatest freedom to carry is given in states with no laws concerning carrying a firearm. As of today, the only state with no mention of handgun carrying in its laws is Vermont. If you live in Vermont, you may carry a handgun without a license because there is no law requiring a license.

Alaska has recently changed its laws so that a license is not needed to carry a handgun within the state; however, Alaska does provide a means to get a license so that their residents can carry handguns in other states that allow it.

STATE CARRY PERMITS VARY FROM STATE TO STATE

Different states also have laws concerning what firearms you may carry and how you may carry them. Kentucky, for instance, has a Concealed Weapon License. A resident with this license may carry almost any weapon as long as it is concealed. Kentucky’s law specifically includes blackjacks, saps, and throwing stars. Tennessee has a Handgun Carry Permit. This permit only allows individuals to carry handguns, but you may carry any handgun(s) you want, in any method you like, either in the open or concealed.

Many states recognize other state’s licenses. This is normally based upon similar requirements. Some states even sign formal reciprocity agreements that specifically recognize other states’ permits. For example, a resident of Tennessee with a valid Tennessee Handgun Carry Permit can travel armed in Kentucky. It is important to know that the law of the state you are in and not just the law of the state that issued your license bind you. An example of this is that a Kentucky permit holder could not use his or her permit to carry a set of ninja throwing stars when traveling in Tennessee, nor could a Tennessee permit holder carry his handgun in the open when in Kentucky.

Some states will give permits to anyone that meets their requirements, whether they live in the state or not. This is not a bad thing, as it allows hunters or other travelers access to handguns in that state, even though they may live in a state that may not allow residents to get permits. Of course, each state’s law applies to their state only. You cannot use an out of state permit to carry a handgun in a way that violates the law of the state you are in.

For instance, if I lived in New York, I could apply for a Utah handgun permit, but I could not use it to carry a handgun in New York because New York does not recognize the Utah permit as valid. However, if I traveled to Tennessee I could carry a handgun in Tennessee on the Utah permit because Tennessee recognizes it.

You also need to be aware that some states choose not to recognize permits when the license holder is not a resident of the issuing state, even if they recognize the same state’s permits when held by a resident. As an example, while visiting Tennessee from New York, if I decided to move to Tennessee, I would have to get a Tennessee handgun permit, as Tennessee does not allow residents to carry handguns on out-of-state permits.

It seems confusing, but it’s not really once you read the actual laws. The bottom line is that there are many different laws and rules in each state, and if you choose to carry a gun, it is your responsibility to know the laws wherever you carry that gun. You need to consult a lawyer (which I am not), and realize that state legislature is free to change a state’s law at any time.

BUYING A GUN AT A GUN STORE

Buying a gun as a consumer is normally pretty simple. The buyer goes to a licensed dealer, chooses a firearm, and fills out a form that asks for identification information. The form contains questions about felony convictions and background suitability issues. The dealer will take the buyer’s thumbprint and call the government for an instant background check. As long as the background check is clear, you may purchase the firearm. This check should not take longer than ten minutes or so, but if the check takes longer than three days and you are not denied within that time, you may take possession of the firearm, even if the background check is not ultimately approved.

States are free to make more stringent laws. Some states require a license to buy a gun, or add a waiting period, or even charge additional fees to perform the check. The store where you wish to buy your firearm can describe the specific requirements in your area.

GUN SHOW LOOPHOLE

As a private citizen, you have the right to own property. You also have the right to sell this property. This right also applies to firearms. There is a caveat to the right to sell firearms, however. The US Constitution allows the federal government to regulate interstate commerce, and with relation to firearms the government does this zealously. According to the federal code at the time of the publishing of this book, you can sell a personal firearm as long as it cannot be shown that you are in the business of selling firearms, and the sale is not for the sole purpose of making a profit. Selling one or two a year is safe if you are trying to reduce your collection, or maybe to get rid of a firearm you no longer want. Selling one or two a month will probably cause you to be investigated. More frequent sales without a license will probably involve an arrest.

Since federal law states that people who buy and sell guns for profit be licensed, and licensed dealers must perform background checks on every sale they make. This licensing law is very strictly enforced. If you buy multiple guns monthly for resale, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) will check you out, and you had better have a license. There is no federal regulation that requires a private individual to register their firearms, nor do most states have such regulations. Some states may require you to notify law enforcement that you purchased a pistol, but that is not the norm.

Since the only people who are allowed to sell a firearm without performing a background check are individuals selling personal guns, the “gun show loophole” only applies when a private individual sells a gun to another private individual. If a law is created to prohibit private transactions, it also could conceivably cover passing down a family heirloom. The only practical way to stop or regulate this sort of private sale or transfer is mandatory nationwide gun registration. Otherwise how would the government know that two private individuals participated in a firearm transaction?

Remember, sales of firearms bought with the intent to sell at a profit are already required to be done only by licensed retailers with background checks performed.

You should also be aware that when each gun is manufactured it is registered by documenting the buyer’s information and firearm serial number. This also occurs when a licensed dealer sells the firearm to an individual. If a firearm is used in a crime, BATFE will look up the serial number to see who bought the gun from the Federal Firearms License (FFL) dealer. They can then start investigating and sometimes are able track the firearm owner to owner all the way to the last person who owned that gun at the time the firearm was used in a crime. I personally have been asked about a firearm I sold (I sold it to an FFL dealer). If you sell a privately-owned firearm to a citizen, I would suggest you create some sort of document that has the buyer’s name, contact information, and the firearm’s serial number, make, and model. If you have this information, the government’s tracking process is quite simple. If not, you could have to answer some hard questions regarding the firearm.

FEDERAL LAW

There are both state and federal laws concerning firearms. There is also a great amount of Internet and gun store gossip concerning these laws. Take machine guns, silencers, and “destructive devices” as an example. Federal law includes some specific (and expensive) provisions for private ownership.

Yes, I said it: you can own a machine gun (if your state law also allows it). However, there are very detailed laws concerning owning a machine gun, and just owning certain parts without the proper licenses and tax stamp can bring jail time and huge fines. It is important to note that individual states are free to ban such items if they chose to, and federal law can ban the carrying of weapons in places the state might not. You must get proper information from a credible source about firearm laws in your area, and then verify the information.

Disclaimer: Even though you may be able to legally own a short barrel “sawed-off” shotgun, a fully automatic firearm gun, or a suppressor, if you choose to carry it for self-protection, you do risk enhanced legal consequences if you are forced to use it. Besides the legal risks and public relations nightmare, these guns are extremely expensive and you most likely will not get them back if government authorities confiscate them.

LIABILITY

Most people are aware that it is easy to be included in a lawsuit. Restaurants have been sued because their coffee was too hot or their food made people fat. Can you imagine how easy it would be to be sued if you shot someone? Many states have laws that allow your attacker to sue you after you lawfully defended yourself from the attacker’s illegal action.

Some states have laws that may shield you from this type of lawsuit; however, all states allow you to be sued for negligent actions with your handgun if you injure or kill an innocent party. As a matter of fact, if you acted recklessly or carelessly it most likely is a criminal offense.

No matter the location nor the reason, you will always be held accountable for the bullets you fire. If you miss your target and break a window, it is your fault. If you shoot a bullet that goes through your attacker and kills a dog, it is your fault that the dog died. Think of your bullets like toothpaste—if you press too hard on the tube and squirt out too much toothpaste, you cannot put it back into the tube. It is the same with the bullets loaded in your handgun.

Not everyone can handle that type of responsibility, and that is perfectly fine. If you cannot do so comfortably, donate the money you were going to use to buy your handgun to the Fraternal Order of Police because you should not own a firearm for personal protection.