Tuesday, June 22, 2010

Recommended Concealed Carry Reading

This is Mitch Vilos' most recent book,  just released June 1, 2010.  It is a must have for anyone seriously interested in Self-Defense and Concealed Carry.  Mitch provides a valuable "Template" summarizing all the pertinent Self-Defense laws for all 50-states, and includes much additional critical CCW info:
  • Actual cases that clearly illustrate important self-defense concepts.
  • Clear explanations of the crucial terminology used in these cases.
  • Charts that illustrate the differences in state's laws regarding use of deadly force
  • Factors that lead to arrests & convictions during self-defense shootings.
  • Practical ways to help avoid conflicts that can escalate into violent encounters.
  • How to properly "step-up" necessary force levels the way cops are trained to do.

John R. Lott, Jr., is a senior research scholar in the School of Law at Yale University.  In this definitive work he provides overwhelming statistical evidence that:
  • 98% of the time, simply legally brandishing a weapon will deter an attack.
  • The probability of serious injury from an attack on a woman is 2.5 times greater if  she offers no resistance vs. when resisting with a gun.
  • Felons are much more worried about running into armed victims than running into police officers.
  • States experiencing the greatest reductions in crime are the ones with the fastest growing percentages of gun ownership.  For every 1% increase in gun ownership, violent crime is reduced by 4.1%.
  • There is consistent strong evidence of the deterrent impact on violent crime by issuing concealed firearm permits. This is Mike & Rob's primary motivation for teaching these Utah Concealed Carry Permit classes.
  • Issuing CFP permits is the most cost-effective means of reducing crime, of any other government program, ever analyzed by economists.

 Attorney James D. "Mitch" Vilos, shares his knowledge gained during years of representing gun owners throughout the country.   His plain talk summaries and entertaining humor, make Utah Gun Law, Pancho's Wisdom an enjoyable and valuable resource.

Mitch teaches how to avoid the risk of losing our rights because of some obscure gun law.  This is the 3rd Edition of this important work.

Mitch states that the right to bear arms is Homeland Security, and is extremely important to all free people for at least three reasons:

1.  It is a vital check on government tyranny,
2.  It is an important deterrent to foreign invasion,
3.  It allows free citizens to defend themselves from violent criminal attack.

Monday, June 21, 2010

How to Properly “Step Up” Necessary Self-Defense Force

1.  Assailant is lurking in the dark, searching for a weak target.  Avoid dangerous areas.

2.  Predator has identified you as his potential victim. Be alert, confident, and look like you might be armed.

3.  Assailant approaches you from a distance. You recognize the potential danger and maneuver to avoid the conflict by crossing the street, to get to a safer place.

4.  Assailant reacts by continuing to approach you. You yell, "Stop, don't come any closer!" and head quickly to a place of safety and dial 9-1-1.

5.  Assailant continues to approach you, trying to distract or confuse you with assurances or questions.   You yell, "No!  I said stop!"  You position your hand on or near your firearm without exhibiting it.  If you can't see the assailant's hands, you yell "Show me your hands", while being ready to draw your gun if he displays a weapon.

6.  Assailant refuses to comply with your verbal commands and continues to approach.  You yell, "I have a gun", and retreat, if possible, to put more distance between yourself and the assailant.  This will make your actions seem more reasonable to the police, prosecutors, and juries.

7.  Assailant begins to rush you, refuses to show his hands, and gets within 30-feet of you.  You draw your gun to low ready (do not point at him), and yell "Stop or I'll shoot" (don't say kill).   If the police believe your actions are not justified, they can charge you with a serious misdemeanor - "brandishing", or "aggravated assault" (a felony, if you pointed your gun at him).

8.  Assailant threateningly enters your 21-foot "safety zone".  You point your gun at the assailant with your finger on the trigger.  If your actions are found to not be justified, you committed assault with a deadly weapon, a felony.

9.  Assailant reveals a deadly weapon.  If you have retreated, and you reasonably believe that assault with a deadly weapon is imminent, you are justified in using deadly force to stop the threat.  If you are not justified, you will be charged with manslaughter, attempted murder, or murder.

10.  If assailant skips the in-between steps and displays a deadly weapon, threatening deadly force, you may draw your weapon and fire if the deadly threat is imminent.  If your actions are found to not be justified, you will be charged with manslaughter, attempted murder, or murder.

Main Factors That Lead to Arrests in a Defensive Shooting

1.  If you draw your gun, but the assailant has no weapon, even if there is a disparity of numbers or strength.

2.  If you initiate, provoke, or escalate a fight, such as in road rage, domestic violence, a love triangle, fighting over money or debts, or gang fights.

3.  If you shoot anyone in the back, since they are retreating, and use of deadly force is no longer necessary.

4.   If you were under the influence of alcohol or drugs.

5.  If you use excessive force... beyond stopping the progression of the unlawful force.

6.  If you were engaged in an unlawful activity.

7.  If you fail to dial 9-1-1 and summon the police (if time permits), instead of using deadly force.

8.  If you did not attempt to retreat to avoid a shooting.

9.  If you fled the scene, tampered with evidence or witnesses, or lied to the police.

10.  If you used a deadly weapon to protect property.

11.  If a child or teen was killed or seriously injured in the incident.

How to Avoid a Confrontation

  • Be alert and aware of  your surroundings..  Don't appear inattentive, weak, or helpless.
  • Avoid dangerous places and situations, such as high crime areas, traveling alone at night, dark deserted alleys, or unguarded parking lots.
  • Dress as if you might be carrying a weapon, even when you aren't.  Wear a fanny pack, concealment vest, belt-mounted cell phone, or loose clothing.
  • Learn to de-escalate disagreements.  Never allow your ego or pride to initiate or aggravate a situation when you could simply walk away.  With a little humility, you can nearly always apologize your way out of a potential conflict.
  • The main purpose of concealed carry is to return home safely, never to win arguments.

Friday, June 18, 2010

Crucial Self-Defense Terms & Concepts

Justified means you are not guilty or liable for wrongdoing.  Only judges or juries have the authority to decide if your actions were justifiable.  It is extremely difficult to predict the outcome of self-defense trials.

Reasonable means your actions were not negligent, and in accordance with what society expects you to do to protect your own and others interests.  You act sensibly, exercising proper precautions, intelligence, and judgment. Just because you reasonably fear serious bodily injury or death, by itself does not justify the use of deadly force.  The threat must also be imminent, and you must actually believe the use of force is necessary.

Necessary refers to your actions being required to stop the progression of the use of unlawful deadly force to prevent serious injury or death.  Any force used beyond stopping the progression is considered excessive.  Never act out of revenge.

Imminent means immediate or about to happen any moment.

Serious Bodily Injury means life threatening, or causing permanent disfigurement or disability.

Deadly Force means force that could cause serious bodily injury or death, like shooting a gun at someone.

Perception and Reaction Time - the time it takes for your brain to recognize and accept that a threat is imminent, and then to react or respond by defending yourself.  In auto accidents, this is commonly accepted to be 1.5 seconds.   In accessing a concealed weapon, it can be considerably longer.  Police officers generally accept that an average perpetrator can go from a dead stop and cover 21 feet in 1.5 seconds.  Many concealed carry instructors consider the "danger zone" to be more like 30-feet.

Criminal vs. Civil Liability - punishing a wrongdoer for committing a crime vs. adequately compensating a victim for a wrongful act, including past & future medical expenses, past & future lost earning capacity, loss of enjoyment of life, pain & suffering, and costs of attendant care for severely disabled persons.

Wednesday, June 16, 2010

Recent Gun Law Changes

1.  6/28/10 - The U.S  Supreme Court ended the 28-year Chicago handgun ban by extending gun rights to every state and city in the U.S.A.

2.    3/19/10 - Utah House Bill 78 (Third Substitute Weapons Revisions) – The House sent to Governor Herbert a bill that would allow a person to threaten or display a dangerous weapon in self-defense (legal brandishing). 

3.    2/26/10 - Utah Senate Bill 11 (Utah State-made Firearms Protection Act), Governor Herbert signed this law exempting Utah from any federal regulations on firearms or ammo manufactured and sold within Utah.  This was patterned after the Montana and Tennessee laws, and will spur a U.S. Supreme Court battle against federal control.

4.    2/22/10 - Firearms in National Parks – A new federal law was signed allowing persons from any state that allows them to carry within its state parks to possess a loaded firearm.  This was an amendment to a credit card bill

5.    7/1/09 - Nevada Revoked Reciprocity with Utah (& Florida), over the lack of a “live fire” concealed firearm permit training requirement.

6.    5/12/09 - Utah House Bill 357 (Firearms Amendments) –This bill now allows any person, at least 18-years-old,  to have a concealed and loaded firearm in a vehicle that they are in lawful possession of, or has obtained the consent from the person in lawful possession of the vehicle.   This includes pistols only.  It also now allows for the possession of a loaded firearm in a person's residence.

7.    5/12/09 - Utah Senate Bill 78 (Protection of Constitutionally Guaranteed Activities in Certain Private Venues) – Concealed firearms can now be kept in a locked vehicle parked in a private lot.  Employers can only stop an employee from bring a firearm if they provide a fenced, secured alternative lot with a security guard, or a secured and monitored storage location, at no cost to the employee.

Tuesday, June 15, 2010

Excerps from Magazine Article by Massad Ayoob - Ten Commandments for Concealed Carry

  1. If you choose to carry, always carry, as much as possible.  It’s not about convenience, it’s literally about life & death.
  2. Don’t carry a gun if you aren’t prepared to use it.  It’s an emergency rescue tool.  No more, no less.  Criminals are expert judges of human prey & will know if they are dangerous to them.
  3. Don’t let the gun make you be reckless.  The law holds a CFP permit holder to a “higher standard".
  4. Carry legally, or you could sacrifice your freedom, and loose your ability to protect yourself and family.
  5. Know what you’re doing.  Gunfights are won by those who shoot fastest and straightest.  Practice, practice, practice…
  6. Concealed means concealed.  Avoid the many adverse effects if not.
  7. Maximize your firearms familiarity.  If you ever need a gun, it will happen so quickly & terribly that you’ll have to be swift & sure.
  8. Understand the laws finer points...  Ignorance is no excuse.
  9. Carry an adequate firearm.  Use a caliber that cops & soldiers use.
  10. Use common sense…  Ethics, logic, law, not idealism; not rhetoric.  Carrying the power of life & death belongs only in the hands of a responsible person who cares about consequences, and is respectful of life and human safety.

    Being Prepared to Defend Yourself

    We are firm believers in being prepared, and live in a culture where this topic comes up quite frequently.  Most individuals believe that the police are around to keep us safe; How realistic is this?  Have you ever called the police to inform them that you were in fear that something bad was imminent?  Their response often is that until a crime has actually been committed, they have other priority calls that require their attention. 

    Even when they will send an officer by, does it always happen?  How many actual police officers are on duty and responsible for your neighborhood (of several thousand citizens)?  How long do you guess it normally takes to get the police to respond to an actual incident?  When seconds count, you can rely on help being minutes away (after you dial 9-1-1).  This being the case, what are YOU going to do to keep your family safe?  Are you comfortable with just hoping that you won’t become a victim of a violent crime, or are you willing to do something to prepare to survive such an encounter?  Don’t believe that bad stuff is happening in your neighborhood?  Check out what’s been going down in SLC in the last several months…

    With the rash of home invasion burglaries, deranged people attacking innocent folks in shopping malls, classrooms, office buildings, in their vehicles, along jogging routes, etc…, don’t you think this deserves some forethought, consideration, and preparation to increase the odds that you will make it home safe everyday?  Among several available options that could help, you should consider getting a Utah Concealed Carry Permit, and getting the additional training and knowledge that it takes to be effective and safe when you do carry a weapon for personal protection.   

    Mike Munnerlyn and Rob Wilkinson are certified instructors by the State of Utah BCI
    and the NRA, with over 20 years of combined concealed carry experience.  We are ready and able to help you begin the process of taking responsibility for your own safety.  We will not only help you get your Utah permit, we will also make sure you understand the laws governing self-defense and justification of use of deadly force.  We teach classes nearly every Thursday evening, and at other times upon request.  Please see our website for details, and upcoming class dates, and to check out the reviews others have written about their experience with us, or to get answers to frequently asked questions about obtaining a Utah Concealed Firearm Permit (CFP). 

    Join with us and the thousands of others who have begun to learn what it takes to accept personal responsibility for their own safety and that of their family.  Register on-line,  or give us a call today to begin your training process.

    Monday, June 14, 2010

    DISCLAIMER - Important Please Read

    Information on this blog or on www.Utah-Concealed-Carry-Permit.com should not be relied upon for legal advice.  Firearm laws are constantly changing and it is your responsibility to contact the proper authorities to know what the current lasw are in your area and in any areas that you may be traveling to.

    You are solely responsible for any decisions you make based on any of the content of this site.  All the information contained herein was believed to be accurate at the time it was published, but is not guaranteed to be so.  You should personally research any questions that you have.  This site may not always be updated in a timely manner to reflect all current changes to laws, etc...

    Note - Utah's BCI has a great website:  www.BCI.Utah.gov (go to Concealed Firearms, then under General Information, go to Reciprocity with Other States).  Click on any of the state's names to see valuable information.  We strongly recommend that you contact any state you wish to carry in and verify their current laws prior to your visit.

    Sample Firearm Bill of Sale

    Firearm Bill of Sale

    The undersigned “Seller”, for good and valuable consideration, receipt of which is hereby acknowledged, does hereby sell, transfer and convey the following described “Firearm” together with any accompanying accessories, to the “Buyer” named below.   Seller hereby warrants that Seller is the lawful owner of the Firearm, and that such Firearm is free of all encumbrances, and that Seller has the right to sell said firearm. Seller transfers the Firearm to Buyer in an “as is” condition and makes no warranties whatsoever, including but not limited to warranties of merchantability, usability, or fitness for any particular purpose. Seller further disclaims any liability whatsoever with regard to future possession, storage, or use of the Firearm. Seller relies on Buyer’s certifications below in making this transfer.

    Buyer hereby certifies that he is under no legal disability preventing transfer, possession, or use of the firearm, and that he is not a “restricted person” under the law.  Specifically, Buyer hereby certifies and warrants that he does not use illegal drugs; is not a fugitive from justice; has never been convicted of a felony, or a crime of domestic violence; is not subject to a restraining order; has not been dishonorably discharged from the Armed Forces; has not renounced his U.S. Citizenship, is not an illegal alien residing in the U.S., is not under indictment; and has not been adjudicated as mentally defective, or confined to a mental institution.  Buyer hereby acknowledges receipt of a copy of this Bill of Sale.

    Firearm Description:  Make:  __________________   Model:  ________________

    Type:  ________________________________________________________________

    Caliber:  _______________   Serial #:  ______________________________________

    Buyer:    _______________________________________________  (Print Full Name)
    Driver’s License # & State:  _______________________________________________

    DOB:  _____________  Current Age:  _______

    Residency State:  _________________     Citizenship:  _______________

    Buyer’s Concealed Carry Permit # (if any) & State:  _____________________________

    Complete Address:  _____________________________________________________

    Seller:  ________________________________________________  (Print Full Name)

    Complete Address:  _____________________________________________________

    Buyer’s Signature:  __________________________________  Date:  ______________

    Seller’s Signature:  __________________________________  Date:  ______________

    Non-U.S. Citizens & Concealed Carry Permits

    In Utah, in order to make application for a Concealed Firearm Permit (CFP), anyone not born in the U.S. must prove to BCI that they are now a U.S. citizen, or provide BCI with their INS Alien Registration Number off of one of the following documents:

        U.S. Passport
        Certificate of Naturalization N-550 or N-570
        Alien Registration Receipt Card  I-151 a.k.a. “green card”
        Alien Registration Receipt Card (Resident Alien Card)  I-551  a.k.a. “green card”
        Conditional Resident Alien Card  I-551 (several varieties of differing colors)
        Certificate of U.S. Citizenship N-560 or N-561

    This number must also be provided in the “Miscellaneous” field of fingerprint cards, and on the top of the first page of the CFP application.  For additional information, please see this link on BCI’s website:  http://publicsafety.utah.gov/bci/docs/INS_Handout.pdf).