Editor’s Note: Be aware of your local and state as well as federal laws and how they apply to carrying firearms and self-defense. This piece does not constitute legal advice. You can see part 1 here and part 2 here.
In this final segment of Tactical and Legal, Rob Orgel, Lead Instructor at ER Tactical, concludes the discussion involving the many considerations, nuances and the legal ramifications of being a responsible firearms owner with Magnus Eriksson, a criminal defense lawyer who practices in the area of use of force law.
As formidable and seasoned experts in their respective fields, these two professionals discuss their thoughts on mindset, best practices and considerations when it comes to preserving life should self-defense with a firearm be necessary, and how to best defend oneself legally thereafter. In this episode the following topics and more are considered:
- Open carry or conceal carry?
- The legal importance of firearms training.
- How can I prepare for a legal situation involving firearms and self-defense?
The age-old debate of “open carry versus concealed carry” is tackled from both the self-defense and legal defense standpoint. The merits of the “grey man concept” when it comes to maintaining a low-key profile and level of concealment and the potential outward appearance of a firearm being openly displayed in public are discussed. Avoiding conflict and false accusations and carrying in ways that better defend yourself while being a protector and positive ambassador for the 2nd Amendment community are also given a thorough overview.
Is Prepping Wrong?
A compelling question is raised by Rob Orgel when he asks a pointed question regarding the appearance of training on social media and online. “Can what people see online regarding my training be used against me later in the courtroom?”
Magnus presents both sides of the legal coin and the benefits and potential pitfalls of such content being available for the public to see. In short, he notes that “It is certainly much easier to defend someone who is competent and has the training than the ones who don’t. Incompetence and lack of training is more likely to land you in legal hot water than competence with a firearm.” To that end, the benefits of bringing in a professional and well-credentialed firearms trainer as an expert witness to help explain the reasoning and methodology behind your response in an incident involving firearms can help the jury draw a conclusion as to why that use of force was reasonable.
Certain regional legalities obviously playing a factor in your legal right to carry are also considered, including the benefits of obtaining licenses and certifications even if you aren’t technically required by your state law to obtain one to carry a firearm. The key takeaway is that a certain level of documented training has been obtained.
The legal importance of firearms training is also more thoroughly discussed and why this may impact both your ability to defend yourself and others, and how your documented training background can impact a courtroom case. Not only is it advisable and responsible as a firearms owner to become safe, proficient and effective through your training, it may also play a large factor in the courtroom when it comes time for building your defense. Rob and Magnus discuss the importance and steps to take to best prepare yourself legally beforehand.
Some useful tips and preparation tactics to help safeguard your freedoms well in advance of a legal situation arising involving firearms and self-defense are offered, including being well-versed within the local laws and statutes, and having legal counsel predetermined before such a day may even arise. The last thing you want is to find yourself doing should you become involved in a firearms-related incident is searching through Yelp for a criminal defense attorney in the hopes you find a good fit for your case.
This mindful, thoughtful and valuable discussion emphasizes proper training and foresight when it comes to your self-defense plan in the hopes that it will enhance your daily routines and mindset. It could help you avoid the courtroom in the first place while better defending yourself, your life and your liberty.
You can contact Magnus Eriksson, attorney-at-law, at 480-766-2256. To learn more about Rob Orgel and Emergency Response Tactical, click the link below.
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