10 Things Gun Owners Get Wrong About Their Self-Defense Rights
November 2017

We usually focus on what guns to buy, but there are also legal consequences for the use of firearms that defenders should know about. Here are some of the most important concepts.
By Michele Byington

Attorney Michele Byington specialized in self-defense cases for six years. She points out that most gun owners, many law-enforcement officers, and quite a few district attorneys and judges don’t know important elements of self-defense law.

For six years, I was an attorney for a national firearms legal-defense program. I represented gun owners who acted in self-defense and traveled the country speaking on firearms issues. I’ve taken countless questions regarding a person’s legal right to self-defense. Over the years, I started to see a pattern — people have the same questions. From your brand-new gun owner to the seasoned carrier, the questions and misconceptions were the same. I’ve heard it all, and nothing catches me off-guard, so I’ve drawn on these experiences to put together the top 10 misconceptions gun owners have when it comes to their self-defense rights.

10 Common Misconceptions About Gun Ownership
1. Drag The Body Into The House

Please don’t. Tampering with evidence is a crime! Do not remove or manipulate anything that could be considered evidence. Evidence is any physical material or intangible information relating to the incident that will be used to ascertain the truth. A body, gun, witness statements/testimony, or video/audio surveillance are all considered evidence.

A defensive use of deadly force outside of the home is not automatically an illegal act. Violent crimes occur every day in public places where defensive deadly force may legally be used. The underlying issue is whether the person using deadly force acted reasonably, given the specific set of circumstances. If it comes to light that evidence was manipulated, not only is that a separate crime, but it makes a person look unreasonable and not justified in their use of deadly force.

Why is this a common misconception? It may be because of the popular legal concept called the Castle Doctrine. Virtually every state has its own version of the Castle Doctrine, which justifies a homeowner’s use of deadly force against an unlawful intruder entering his or her home. In any use of force or deadly force scenario, a person must act reasonably. In Castle Doctrine situations, where an intruder unlawfully enters an occupied habitation, the homeowner is given a powerful presumption of reasonableness. This is an incredible legal protection because prosecutors are hesitant to pursue criminal charges against a homeowner who uses deadly force against an intruder. Plus, it will be hard to find a jury who will convict a homeowner who used deadly force to defend his or her family. Prosecutors hate losing cases.

With that said, people find themselves the victim of violent crimes outside of the home and are legally justified in using deadly force in self-defense. There is absolutely no need to touch or drag anything anywhere!

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