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Jayock
03-10-2011, 18:06
Hi Mas... Thanks so much for your responses to my other questions. Your feedback is much appreciated.

Thinking through several circumstances regarding CCW, I thought of the following:

What are the legal ramifications of a legal justified shooting while carrying a BUG? I assume the standard "canned" response applies... one is likely to be painted a paranoid gun nut, but some proper defense might refute. Have you run into any such prosecution arguments?

The follow up to this is something that is remotely possible for me. I was taught to shoot at an early age by my father. He has thought of getting his own CCW, which I have recently been encouraging him to complete. He is a very long time responsible, safe, accurate, and educated shooting and gun owner, and we remain very close to this day. The thought out scenario goes as follows:

My father and I are out in public, at a restaurant or retail location or something similar. A deranged criminal enters said location and begins to shoot people at whim. If I have a BUG, and I am with my father, in some sort of a situation where we have some time to coordinate as the assailant has attention directed to other victims; my instinctual reaction would be to provide in some order my primary and BUG, one each, to my father and myself such that we have two armed citizens responding to the assailant.

Any thoughts to the legal ramifications to each of us in such a situation? Is there any liability to me as the CCW holder providing a legally concealed weapon to another individual? Would he have any liability using a weapon that he himself did not legally (and wholly) did not conceal himself?

Thanks,
Justin.

Mas Ayoob
03-12-2011, 06:44
Jayock, you've hit on one of the most important reasons for carrying a Back-Up Gun.

Check your own state's law, but the Doctrine of Competing Harms (doctrine of necessity, doctrine of two evils) should cover your handing a weapon to an unlicensed Good Guy in the exigent circumstance you describe in your hypothetical.

So long as you know your dad knows how to run that particular gun, I wouldn't worry much about whether he had officially qualified with it...but it's always a good idea to take those who run with us to the range and make sure they're familiarized with the guns we might have to hand them in an emergency.

With appreciation for your thoughtful question,
Mas