Kirk Evans, president of Texas and U.S. Law Shield:
In this video, Michele Byington will go through the legal ramifications of what happens when you’re carrying your gun in a place you shouldn’t and then encounter an active shooter situation.
Michele Byington, Texas Law Shield Firearms Program Attorney
What do we do when we’re in a scenario where we are in one of those quote-unquote gun-free zones? Or otherwise known as a soft target?
Because we know that these active shooters go after these soft targets because, at the end of the day, they are cowards. So they are going to go for the soft targets.
What do you do in that scenario? Say that you are in the situation where you are in a gun-free zone. You are not allowed to lawfully have that weapon on you.
So, say, you decide that I’m going to run to my truck and grab my gun and run back in. To save these people. Then what? Are you breaking the law?
And the answer is absolutely yes. You’re committing the crime of unlawfully carrying inside that premises.
So, many times, we may be sitting at a 51% establishment, active shooter comes in, you run to your vehicle, grab your gun, and come back in and neutralize the threat. Are you criminally liable? And the answer is yes! You absolutely are.
So what then? What happens then? You’re probably going to get arrested, you’re more likely than not to be charged with a crime. But at trial, what is our defense? What do I argue to that jury is your defense when you went and broke the law by unlawfully carrying.
Well, the defense is one of necessity. And what the defense of necessity tells us is that, “Yes, I did break that law.” My client did it. He broke the law of unlawfully carrying, but jury, think about what would have happened if he didn’t break that law.
And then it would be ultimately up to the jury to decide whether they buy that argument or not.
So, basically, what it says is, “Yeah, I broke the law, but I broke the law to avoid this greater harm.” And that’s what the defense of necessity is.
Kirk Evans, president of Texas and U.S. Law Shield:
From Columbine to Sandy Hook, from Virginia Tech to the Navy Shipyards, and from Orlando to San Bernardino, the phrase ‘Active Shooter’ has become all too common. On behalf of Texas and U.S. Law Shield, I hope that we have provided you some insight that can help you through one of these tragic situations. For more information on our Active Shooter series or how to join the more than 200,000 law-abiding gunowners we protect, visit TexasLawShield.com or USLawShield.com. Thank you.
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