Does the law care where you were?

[Embalmo]

Guys,

Just a hypothetical sit-What if I have to justifiably draw my weapon (or somehow get outed) in a place that is legal to carry when it can be proven (traced back) that I would have had to be in a place where it isn't legal to carry? That is, would I have to be caught in a "no no" place to be prosecuted. The situation that I think would be most likely would be leaving from a bar (sober) and having to draw in the parking lot. Thoughts? Another likely scenario, I think, would be driving away from a "no no" place and answering the question, "Where you headed from?" when pulled over.

Embalmo

[Pinkycatcher]

There's a self-defense exception that would apply, but then again remember that saying, better be tried...

[budroux2w]

Wouldn't they have to actually have proof that you carried in a "no no" location? "Yes, I was in the bar, but my firearm was locked in the vehicle while I was inside"

[Shorts]

If you cared enough about your life to defend it in a "no no" place then you've already made your decision eh?

Life > judged by six

It'll get sorted out I'm sure. If the prosecutor wants to add up the charges they will, especially if you were in the wrong about the shooting.

[Bart]

Another likely scenario, I think, would be driving away from a "no no" place and answering the question, "Where you headed from?" when pulled over.

How would they prove you didn't leave it in your car?

If you admit to the crime, don't complain about what happens next.

[HankB]

. . . Another likely scenario, I think, would be driving away from a "no no" place and answering the question, "Where you headed from?" when pulled over.

If you actually answer such a question in a manner that incriminates you, you're probably not bright enough to be roaming freely without a keeper.

[Embalmo]

Another likely scenario, I think, would be driving away from a "no no" place and answering the question, "Where you headed from?" when pulled over.

How would they prove you didn't leave it in your car?

If you admit to the crime, don't complain about what happens next.

That is exactly right, but I don't trust LE to know the distinction between a "no no" place and a "no no" parking lot. Naturally there is no way to be prosecuted for leaving it in the car. Still, I wonder if a bogus arrest would cause one's employer to catch wind of a gun in your car, which is a "no no" in many employee handbooks; so a bogus arrest from an ignorant LEO could ultimately lead to one's livelihood being destroyed.

Embalmo

[Embalmo]

Wouldn't they have to actually have proof that you carried in a "no no" location? "Yes, I was in the bar, but my firearm was locked in the vehicle while I was inside"

If I had to draw and/or fire on a threat after visiting a "no no" place, I would be afraid that any lies would come out through witnesses and video surveillance, which would not give credibility to a self defense case. Still judged by 12 beats carried by 6 any day. I wonder if a tacked on charge of carrying in a "no no" place would increase the chances of being charged/convicted of "murdering" one's attacker.

Embalmo

[Embalmo]

roaming freely without a keeper.

I just gotta' know what that colloquialism means.

Embalmo

[fickman]

I get your question. . . I just don't have an answer.

If - even though you weren't caught in the "no-no place" - and as long as you haven't admitted to having your firearm there - they can still logically deduce that you MUST have had your firearm while there. . . well. . . I don't know.

I'd recommend using your right to not incriminate yourself by refusing to answer questions. Who cares where you were. . . this is where you are now. Unless you had to draw while in the "no-no place" (which is not your question), you shouldn't be compelled to answer any questions about it.

As to whether or not they can charge you - I think the burden of proof would be hard and the trial would be tricky enough that few DA's would spend the time - at least outside of Chicago, D.C., NY, and Austin.

[jester]

If I was charged with a crime after saving my life, I would hire the best lawyer I could get. If I'm alive, healthy, and have a clean record, it's easy enough to earn more money.

[TexasTony]

Im not one to tell anyone how to live but if your carrying wouldn't be easier to just follow the law and avoid bars? There are other no no places but bars would probably get you the most scrutiny from LEO. If its for socialization suggest to your companions a non 51% bar and grill or similar establishment

[stevie_d_64]

I'm pretty much in favor of remaining silent...Call me crazy, but when someone hands you a shovel, you certainly do not have to start digging, right???

Silence should never be considered a lie...

But then again, I do my best to not get myself into situations where anything I say may and will be used "against" me in a court of law...

Thank ewwweee...Ahm here all week!!!

[stevie_d_64]

Im not one to tell anyone how to live but if your carrying wouldn't be easier to just follow the law and avoid bars? There are other no no places but bars would probably get you the most scrutiny from LEO. If its for socialization suggest to your companions a non 51% bar and grill or similar establishment

Bingo!!!

[stevie_d_64]

If I was charged with a crime after saving my life, I would hire the best lawyer I could get. If I'm alive, healthy, and have a clean record, it's easy enough to earn more money.

There are a few threads in this forum over the years that talk about pre-paid legal services and lawyers that specialize in CHL defense...