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Four “Legal” Mistakes Gun Owners Make that Expose them to Criminal Prosecution

Any legal area that has strong political and social positions, generally corresponds with substantial law-making. Gun purchase, possession and use is one such topic that is politically charged with “positions.” While most of the laws are on-line, there is a great amount of commentary about how the law should be applied and enforced.

In the firearms arms arena, there are four key myths that appear to be a great confusion for a large number of gun owners. This blog addresses these. The first is a lawfully possessed firearm can be used to scare someone away by pointing it at the wrong-doer. This is generally not true. A firearm may be used in connection with self defense, which may include pointing, in connection with a forcible felony, defense of the home, and risk of serious bodily injury or death. Otherwise pointing a firearm is usually a crime.

A related notion and second is shooting into the air to “scare’ some away. This too is a crime in most cases.

One of the biggest myths is deadly force may be used in connection with stopping all crimes. There is no legal authority to use the affirmative defense of self-defense to stop someone fleeing an accident or disengaging from most crimes. The policy is that life is most important and more important than taking a life.

Finally, it is false that when carrying handgun in another state under a reciprocity agreement that a person follows the laws of the state that issued the license. The laws that must be followed are the reciprocal state laws, along with federal laws.

This blog is written to provide general information and is not intended as legal advice, nor a solicitation for services. This blog was written by attorneys at Ciyou & Dixon, P.C. who handle cases through the State of Indiana and consult on firearms matters across the Country.

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