Following are a few of the things you may learn in a standard handgun carry permit class so you can go legally armed, too. Keep in mind that state laws are highly variable when it comes to going armed and the use of deadly force in self-defense. This article gives a sample of some of the things you might hear in a carry gun class, but not intended to be all inclusive. Laws constantly change, too. The following information should not be used as the final word in state or federal law.
When my youngest son, Luke, turned 21 a few summers ago, my wife and I got him a present that fits our lifestyle… a handgun carry permit course, permit fees and a carry gun of his choice. His carry permit class instructor at Strategic Edge Gun Range invited me to sit in on the class, too. Few things have changed since I sat through my own pistol carry class more than a decade ago.
Where to Carry
States differ in restricting and allowing where even their licensed handgun carry permit holders may go armed. Become familiar with these areas. It is generally held that most states prohibit bringing a concealed firearm into a courthouse, post office, bars and some restaurants, college campuses and other government offices.
National Parks began allowing visitors to carry in some areas beginning in 2010. This is typically governed by laws of the state where the park is located or where the visitor resides. For instance, Illinois forbids carry in their state parks. So, that person is prohibited from carrying in any national park nationwide. Conversely, a Tennessee permit holder could carry in a national park outside of the Volunteer State if that state, say one in Texas, which allows carry in both their state parks, and by extension in the national parks within their borders.
Transporting firearms in RVs and motorhomes, as well as motorcycles, can be tricky. Again, it is governed by state law. Courts have ruled both ways concerning motorhomes and transporting firearms. Some have found that a motorhome is a dwelling, and Castle Doctrine applies, while others have rules that vehicular laws concerning firearm take precedence.
Guns and alcohol should never mix. Most states prohibit concealed carry in bars or restaurants where they derive most of their income from alcohol sales. Restaurants and other businesses may prohibit carry even in gun-friendly states. Keep an eye out for signs stating guns are prohibited.
Shoot: Don’t Shoot
A handgun permit holder’s most monumental decision is to fire their weapon in self-defense, and it may come in seconds. It is the permit holder’s responsibility to know when it is permissible, and be prepared to legally defend themselves.
Remember, state laws vary and the following information don’t cover metropolitan areas like Washington D.C., New York or Chicago, places where non-law enforcement can’t carry concealed guns.
Someone’s life being in immediate danger is the only reason a handgun permit holder should discharge their firearm. It is legally indefensible to shoot a perpetrator who is vandalizing or destroying property, or for theft.
Most states allow the use of deadly force until the life-threatening situation has stopped. Subsequently, the instant a permit holder stops a threat, either by the assailant running away, dying or being incapacitated, a permit holder stops having the right to use their firearm against another person. Never give chase or follow an assailant to shoot them or confront them once they have fled. Verbal threats don’t constitute a deadly situation, so deadly force is not legally warranted.
Means, Position & Intent
Use three qualifiers—means, position and intent—to judge if deadly force is necessary, because a jury will likely determine if there was just cause for a permit holder to fire their weapon. “Intent” answers the question if the assailant actually planned on causing serious bodily harm or death. An assailant may have come into close proximity of a potential victim, bud did they actually mean harm? “Position” refers to whether or not the assailant moved into a position to inflict serious bodily harm or death. If an assailant brandishes a knife across a parking lot, they’re not a threat, for instance, but if they move within a few feet of a potential victim they’ve crossed a line that a jury would probably recognize as a deadly threat. An assailant with a gun greatly increases the distance of answering a deadly threat with deadly force. “Means” is determined when the assailant has the capability to causing serious bodily harm or death of a potential victim.
Drawing Your Gun
Never draw a firearm unless the weapon is going to be fired in a self-defense situation. It should never be drawn to intimidate or “scare away” a perpetrator. You should have already determined an assailant’s means, position and intent to do deadly harm before drawing.
Shots Fired!
Even if your actions to use deadly force are within legal parameters, get ready to hire a lawyer and defend yourself in a court of law. Proof will likely be required to justify deadly force in defense of life. Keep in mind as well, a permit holder is responsible for every bullet fired from their gun. If an innocent bystander gets struck, the person firing the weapon will likely be civilly responsible for injuries or death.
Castle Doctrine
Ever heard the phrase “his home is his castle”? This doctrine holds that a dwelling is a person’s sanctuary, and that if someone invades that sanctuary that they likely have the means, intent and position to cause death or bodily harm, and that deadly defensive force is warranted. Castle Doctrine laws can vary from state to state, but they are common in gun-friendly states.
Stand Your Ground
Again common in gun-friendly states, Stand Your Ground laws allow carry permit holders to use deadly force when threatened with death or serious bodily harm rather than retreat, run away or seek cover. For instance, if an assailant steps out of a dark alley as you are walking to your car and attempts to rob you with a knife or gun, it is within your legal right to shoot and kill him on the spot.
Duty to Retreat
Duty to Retreat is the legal standard that requires a victim to retreat in a life-threatening situation before using deadly force. In non-gun-friendly states this is a more common mandate. If the victim’s means of retreat is thwarted, only then may they use deadly force in their defense or that of others.
When Stopped by Law Enforcement
When a carry permit holder, who is legally armed, gets stopped by law enforcement they should observe and implement a few procedures to keep the stop friendly and non-threatening. Cops have plenty of stress in their jobs, so following these few words of advice will help ease the tension when you meet an officer. This advice only applies to armed, legally permitted citizens carrying in locations where it is legal for them to do so. Remember, states vary in their laws, but we’ll assume for discussion’s sake that we’re in a state where it’s legal to go armed in a vehicle.
If you get pulled over while driving, keep your ands firmly grasping the steering wheel at the 10 and 2 position. Prior to the officer getting out of their patrol car, carry permit holders should remain still and instruct passengers to sit up straight and remain still, too. Wait until instructed to search for license and registration. When an officer runs your license plate number, he likely knows you are a handgun permit holder. It makes a police officer nervous when they see people moving around in vehicles they have stopped.
It is not legally required in each state, but permit holders should let an officer stopping them know if they have a handgun on their person or in their vehicle. When you make this admission you establish that you are not a threat. The officer will typically ask where the pistol is located, and he or she will tell you the next action to take.
In states not requiring a permit holder to tell if they have a firearm in their vehicle, the officer may call for backup and instruct the permit holder with their loudspeaker to exit the vehicle… slowly. Establishing at the outset of a stop if you have a gun in your possession is the best way to keep the interaction cordial. Keep in mind that some states, such as Alaska, require that anyone traveling armed to notify an officer at the outset of the stop if they are armed. Be sure to know your state’s laws, as well as those you might travel through.
If you are carrying, get stopped and the officer asks for your pistol, slowly reach for it and pass it butt first to the officer. Never reach for a firearm in your possession unless alerting the officer and having him or her instruct you to do so.
Now that you have a sampling of some of the things you might hear in a handgun carry permit class, you will be better able to absorb the information and eventually shoulder the great responsibility of going armed.
STATE-BY-STATE GUN LAW SKETCH
State Gun-Friendly Concealed Carry Duty to Castle
Grade Permits Retreat Doctrine
Alabama A yes no yes
Alaska A None Req. in public yes
Arizona A yes no no
Arkansas B yes in public yes
California D yes, with discretion * no
Colorado A yes in public yes
Connecticut F yes in public no
District of Columbia F no ** no
Delaware C yes, with discretion in public no
Florida A yes no
Georgia A yes no yes
Hawaii D yes, with discretion in public no
Idaho A yes no yes
Illinois F yes in public no
Indiana A yes no yes
Iowa B yes yes no
Kansas A yes no yes
Kentucky A yes no yes
Louisiana A yes no yes
Maine A yes yes, in public no
Maryland C yes, with discretion yes, in public no
Massachusetts D yes, with discretion in public no
Michigan B yes no yes
Minnesota A yes yes no
Mississippi A yes no yes
Missouri A yes yes 1 yes
Montana A yes, with discretion no yes
Nebraska A yes yes, in public yes
Nevada A yes no yes
New Hampshire A yes no yes
New Jersey D yes, with extreme discretion yes, in public no
New Mexico A yes no no
New York C yes, with extreme discretion yes, in public no
North Carolina A yes no yes
North Dakota A yes no yes
Ohio A yes yes 1 yes
Oklahoma A yes no yes
Oregon A yes no no
Pennsylvania A yes no yes
Rhode Island C yes, with discretion yes, in public no
South Carolina A yes no yes
South Dakota A yes no yes
Tennessee A yes no yes
Texas A yes no yes
Utah A yes no yes
Vermont A none req. no
Virginia A yes 2 no
Washington A yes 3 no
West Virginia A yes no yes
Wisconsin A yes 4 yes
Wyoming A yes 5 yes
*–California laws regarding self-defense are highly complicated and put a higher burden of proof on the person using deadly force in defense of life or serious bodily harm.
**–Since Washington D.C. prohibits armed carry, a citizen’s only legal option for self-defense is to retreat.
1—Stand Your Ground only applies when in your vehicle in Ohio.
2—Stand Your Ground not accepted in some places in Virginia.
3—Stand Your Ground not supported in all areas in the State of Washington.
4—Stand Your Ground only permitted in your vehicle in Wisconsin.
5—Stand Your Ground not accepted in all locations of Wyoming.
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