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Gun Owner Self Defense

As a gun owner, you recognize the many benefits of responsibly exercising your right to bear arms.  You feel safe knowing you can protect yourself and your family in a time of need.  As a law-abiding citizen, your most significant encounter with law enforcement resulted in a speeding ticket, or its equivalent, right?

Speeding tickets are irritating but not usually life changing.  Should you ever find yourself in a situation where you 1) talk about the gun in your waistband, 2) display that gun, or 3) heaven-forbid, use the gun in the way it is designed in order to protect yourself—watch out!  Your life will be turned upside down and everything you thought you knew about the law will be tested.

You see, being investigated for a speeding ticket gives you only the tiniest sample of what law enforcement and the “justice system” can do to you.  If you have been through it, you recognize that “justice” is rarely achieved.

Now consider what a full-blown criminal investigation looks like where police investigators are attempting to determine whether you fired your gun in self-defense, or whether you are a murderer.  The sad truth is the speeding ticket investigation, and the murder investigation are quite similar, the only thing that changes are the stakes and the costs to defend yourself.

That may seem shocking, but it is true.  Shock, bewilderment, disbelief—those are all good words to describe the feelings a law-abiding citizen feels when the “justice system” uses its considerable resources to place the crosshairs on your chest, just ask Kyle Rittenhouse.  Credible sources indicate he spent north of $600,000 in his defense.

What can you do to protect yourself from the “justice system”?  If you don’t have $600,000 tucked under your mattress for a rainy day, please consider this low-cost solution offered by Jardine Law Offices (“JLO”).  For a mere $24.95 per month, you can enjoy significant legal protection.  There is only one way to adequately protect yourself in the legal environment: you must have a knowledgeable, experienced, and skilled attorney at your side.  For $24.95 per month, that is exactly what you will get!

You will not need to pay any deductible or co-pay, there is no cap on legal fees, and you will never pay for any legal fees expended by your attorneys, all for $24.95 per month.  JLO’s attorneys are experienced veterans in the legal system that know how to get the job done.  This means your defense will begin immediately when the need arises.

For an additional $10 per month, you can add a spouse to your plan.  Or for an additional $25, you can add your spouse and minor children, that live with you, to your plan, all with the same protection you enjoy.

You have already taken steps to protect yourself from physical harm.  Now you can protect your finances and your freedom for less than the cost of a daily soda or cup of coffee.  This is not insurance but is a prepaid legal plan.  Contact JLO today to enroll, and we will have your back!

Generally … no!  You are not allowed to use “deadly force” to protect your property.  You are allowed to use force, but only to the extent you reasonably believe force is necessary to protect your property from “criminal interference.” The determination of “reasonable” is a 4 factor test, which you can read about here.

To act in “self-defense” means to use force to defend yourself or others against the imminent use of unlawful force.  If you wish to use a firearm in “self-defense”, you can only do so when you reasonably believe that “force is necessary to prevent death or serious bodily injury” to you or another person, or to prevent certain forcible felonies.  Note the difference, you can protect yourself against non-life-threatening events, but not with deadly force – you can’t use your gun in this circumstance.  You can use your gun only when you have reasonable fear of imminent force likely to cause death or serious bodily injury.  The judge or jury will decide if the danger was “imminent” and if your use of force was “reasonable” using a 6 factor test.   You can read the law here.

The 6 factors are: 1) the nature of the danger, 2) the immediacy of the danger, 3) the probability that the unlawful force would result in death or serious bodily injury, 4) the other individual’s prior violent acts or violent propensities, 5) any patterns of abuse of violence in the parties’ relationship, and 6) any other relevant factors.  How many of these factors need to weigh in your favor to justify you shooting your weapon in self-defense?  There is no set number, but the more the better!

Yes!  There is no duty for you to retreat from a place where you have “lawfully entered or remained.”  Obviously, if you are somewhere where you are not supposed to be, then the question may be raised as to whether you could have reasonably retreated to another location.

You are allowed to stand your ground if you are lawfully positioned in the place where you are at the time of the altercation.  The only exception to this is if you are the aggressor or have engaged in combat by agreement.

Yes!  You are allowed to defend your home or apartment but only so long as you “reasonably believe” that force is necessary.  Furthermore, you can only use “deadly force” if entry is “attempted in a violent and tumultuous manner, surreptitiously, or by stealth” AND you reasonably believe that the entry “is attempted or made for the purpose of assaulting or offering personal violence to any person,” or – if you are present in the home – you reasonably believe “that the force is necessary to prevent the assault or offer of personal violence.”  Alternatively, you can use deadly force if you reasonably believe that the person is entering the home for the purpose of “committing a felony in the [home] and that the force is necessary to prevent the commission of the felony.”

To own a firearm is to hold the title, or in other words, to be the lawful owner of the firearm.  To possess a firearm is to hold dominion and control over the firearm.  Holding a firearm in your hand, suitcase, backpack or even automobile can be considered possession.

If you are 1) over the age of 18 2) have not had any felony or domestic violence convictions on your criminal record 3) are not the subject of any protective order or restraining orders 4) are not a fugitive from justice 5) have not been adjudicated as mentally defective or incompetent, 6) are not an illegal alien, 7) have not been convicted of a crime involving domestic violence, 8) have not renounced your US citizenship, 9) were not discharged dishonorably from the US armed forces, 10) are not under indictment for any felony, 11) have not been adjudicated delinquent for any offense that would be considered a felony if committed as an adult in the last 7 years, 12) are not intentionally in possession of a controlled substance; 13) are not intoxicated by alcohol, 14) are not on probation or parole for any felony or controlled substance offence.

THEN, you can legally own a firearm.  You must be at least 21 to own a handgun.

Yes, there are certain conditions which may prohibit you temporarily from possessing a firearm.  Some of those conditions include: 1) being intoxicated by either alcohol or drugs; 2) being under court order to not possess firearms; 3) entering a “gun-free” zone.

You are allowed to inform others of the fact that you possess a deadly weapon only to prevent what you  reasonably perceive may be another’s attempted use unlawful force.  Further, you must not have instigated the situation.  Otherwise, if the conditions of self-defense by use of deadly force apply, you can also use your weapon.

If you draw or exhibit your weapon, in the presence of two or more individuals, in an angry and threatening manner, or use your weapon in a fight or quarrel, and the conditions of self-defense do not apply, you will have “brandished” or “threatened” with your firearm.  This is a class A misdemeanor and punishable up to 364 days in jail.

Deadly force is “force intended or likely to produce death or serious bodily injury”.

You are justified in using deadly force only when reasonably necessary to protect yourself or others against the imminent use of deadly force, or to prevent a forcible felony, or in defense of your habitation as defined by law.

Assuming the scene is now secure, and you are safe, call your attorney, then call the police.  If you do not have an attorney, or cannot immediately speak with your attorney, call the police.  When the police arrive, tell them you would like to have an attorney present before you answer any questions.  Many cases are won or lost by the words that come out of your mouth when the police arrive.  Simply repeat the phrase “I want my attorney present before I answer any questions.”  It is possible that you may be arrested, but that is much better than you engaging in a conversation with the police.

Your best defense is to 1) act lawfully, and 2) have a top-notch attorney on retainer.  Jardine Law Offices (“JLO”) has several affordable retainer programs for gun owners.  Simple protection for one person starts at $24.99 per month.  This will provide you with an experienced defense attorney that is just a phone call away.  Call today to put JLO in your corner.

There are many other questions that you may have. Jardine Law Offices has the knowledge and experience to navigate through the legal whirlwind of self-defense law and help you land on your feet. We have successfully defended thousands of people just like you, we know what it takes to win . . . you can count on us! Reach out to JLO today and protect your future.