In some of these plans, policies cover (to some extent) the cost of legal fees and surety guarantors, or even psychological help for just a few dollars a month. The NRA`s carry guard covers 20% of the initial legal fees if a member is charged, and the remaining 80% is reimbursed – up to the coverage limit – but only if the member is acquitted or the charges are dismissed. If convicted, they are not entitled to more than the original 20%. “In general, if your behavior falls within the bounds of self-defense, if you abide by the rules as the law establishes them, you have no legal responsibility for that use of force, nor criminal or civil liability,” says Andrew Branca, a self-defense lawyer and author of “The Law of Self-Defense: The indispensable guide for the armed citizen. So what are these rules of self-defense? What is legal and what is not? Was Willeford, the hero of the Texas shooting, justified in his actions? Mary Anne Franks, a law professor at the University of Miami School of Law, opposes this type of insurance for many reasons. “The vast majority of self-defense situations are best handled with situational awareness and non-lethal force,” she wrote in an email. “This type of assurance not only normalizes the use of lethal force, but encourages it.” She says the use of lethal force should be determined by judicial authorities, not the subjective feelings of gun owners. But if a defendant has to prove in court that the use of lethal force was necessary, what is a good legal strategy? And how does this defendant pay a bunch of lawyers` bills and risk jail time – or worse? Much has been done on Florida`s “Stand Your Ground” self-defense strategy, which was used in the 2012 Trayvon Martin shooting. But many other states have similar laws. California, for example, allows lethal force when defending one`s own home (the “castle doctrine”) and emphasizes that homeowners can pursue an attacker until danger passes, even if they would have been safer to stay put. The law allows for the defense of others in most places, Branca says.
And when the shooter targeted Willeford, self-defense laws went into effect. Even in the quick pursuit of the shooter that followed, Willeford and another man appear to be within the legal limits, especially since there aren`t many laws governing mass shootings. Since most states recognize self-defense as a defense against lethal force, Kristin Brown, co-chair of the Brady campaign, says the policy is a bad idea. “Shooting in self-defense is legal in most cases, so why would people need insurance for something they are legally entitled to?” she says. “We should focus on solutions to the real problems that affect far too many families, rather than encouraging the George Zimmermans of the world to shoot first and ask questions later — what exactly is this insurance company going to do.” Maybe. Maybe not. “You could do everything legally right and face disaster in terms of finances and emotional stress,” Branca says. “For the same reason, just because you have, say, defense insurance, it`s not a `Get out of jail free` card.
If your use of force was illegal, they can pay your legal fees, but you still go to jail. » Key here: There are strict self-defense laws that gun owners must follow (more on that in a minute). If someone decides to discharge a firearm, they may still need to hire lawyers and explain to the court why they did it. And it can be expensive, even if the judge or jury decides they did everything for the book. But in general, most states recognize a handful of conditions, up to five, that must be met to successfully defend self-defense: But gun rights advocates say stricter restrictions simply meant more people would have died in that Texas church because Stephen Willeford, the Good Samaritan, who shot and tried to stop him, may not have had access to his gun. It is difficult to get real statistics, but people obviously buy these policies. The USCCA says more than 250,000 people have signed up for theirs, although we couldn`t find specific numbers on the number of claims filed with companies that offer guidelines.
