Wednesday, March 2, 2016

What are the laws and consequences of using a gun for self-defense?

Considering the recent events that have transpired in America and continue to transpire, should you have a gun in your car, home, or on your person when out and about? Do you feel safe in America? How long will it take for the police to arrive? Will you even have a chance to call them?

There are those that think more guns (and bigger, deadlier guns) are the answer, some others who believe everyone should have and know how to use a shotgun and a revolver, and then there are those that think normal, everyday citizens should not be able to get their hands on guns at all even if they live in a poor neighborhood and there life is in jeopardy every day leaving and entering their home or if they believe someone is stalking them and mace or a taser is just not going to get the job done. Criminal defense lawyers are not the only people who talk about this.

Dangerous names

While the topic is still being heatedly debated, we need to realize that for the moment, there are already some state specific and federal gun laws which are in effect that we all need to abide by irrespective of what our opinions are on the matter. Any family member that allows there disturbed or dangerous child/relative access to a weapon and puts others at risk or people are actually killed, they should be held accountable in proportion to the events that unfold. Family members need to concerned if they have a Jared Lee Loughner, Aaron Alexis,  Seung-Hui Cho, Christopher Harper-Mercer in their household.

Criminal defense lawyers confirm that in the United States, a person is entitled to use a gun for self-defense, but there are plenty of terms and conditions. Gun laws are extensive and there are laws which clearly state when a person may use force to defend himself and when a person may actually use a gun to defend himself.

There are also open and concealed carry gun laws which are a little more specific to the state of jurisdiction and may hence vary from state to state. If you need to know exactly what the law says about open and concealed carry of a weapon in your state, then we suggest that you seek help from a criminal defense attorney licensed to practice in your state.

Laws surrounding gun ownership and gun use

Every state has laws regarding gun registration, illegal firearms, and who is banned from using firearms. OJ Simpson is banned for instance because of multiple transgressions with the law.

Convicted felons, people that are clinically insane, etc. are disallowed from owning guns for obvious reasons.

In some states, certain types of guns are disallowed. Usually, automatic weapons and firearms with silencers are now legal for civilians to carry. Therefore, if you intend to legally purchase and register a gun in your state for the purpose of self-defense, then you need to ensure that the gun you want to buy is legal to purchase in your state.

Furthermore, if you plan on carrying this weapon around in a handbag or in a jacket pocket, then you will not only require a gun license but another license specifically for concealed carry. The specifics on how to acquire this license and what the license entails may vary from state to state. There may be charges applicable if you are found in possession of a gun following a DUI stop or accident.

Self-defense laws

Laws governing self-defense are not as straightforward as one may assume. Just because someone threw the first punch or made a violent threat does not mean you can go ahead and unleash violence on them. Now if your country is being invaded by another country, that is when you can use your weapon. The Chinese in 1937, Nanking, were invaded by the Japanese and all sort of violence ensued. All sorts of rape and chaos, the Chinese did not have any guns to defend themselves with. Another example, the riots in LA, which constitutes general chaos, this is another example on when you may want to have a gun. What happens if you call the police and they are pre-occupied? 

But you cannot just shoot someone because they looked at you funny. You can walk away though and arm yourself just in case that person is coming your way.

In most states, if you are under attack or are being threatened of an imminent attack, you are required to either retreat if possible without undertaking in physical action or use only sufficient force to hold off the attacker. But if you are inside your home that is entirely different and if you on your own property, the situation changes too.   

If you are charged with a crime for any gun-related matter, make sure to speak with a criminal defense lawyer as soon as possible. A legal pro can offer sound advice on specific laws relevant to your case and effectively represent you in a criminal case, if necessary.

Bullets travel far and fast but not as far and as fast as this website (Criminal-Defense.USAttorneys.com), respectively. If you need legal help contact us or use this website to find that legal help that can help you thwart some or all the charges coming your way. 

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