When Is It Really Legal To Draw Your Gun? 

VOTE ▶️ : Springfield Hellcat or SIG P365 XL

"We carry a firearm because we're hard to kill. But we need knowledge of the law, so that we're hard to convict." Had me hooked. Well spoken. Edit: Subbed!

The concealed carrier mistakenly shooting the store owner situation warrants a educational video all on it's own. Definitely something to process before you get involved. Great and informative video.

I'm glad this mentions the proportionality. Some of the best videos I've seen are the ones reminding a CCW that you have a supreme responsibility when carrying to be more calm and avoid more confrontations than a regular person. Because 99.9% of confrontations are not risking death, and your firearm must remain hidden and has no place in the argument whatsoever. Good vid.

Hearing the story about the guy shooting the clerk thinking he or she was the aggressor was heart breaking. Not only for the guy thinking he did something good but the clerk getting shot defending his or her business. Definitely will keep that in mind if I come across a situation like that hopefully not and hopefully never will but definitely an eye opener

Finally someone that actually knows what the self defense laws actually are. I love his shark tank thing, more gun owners need to think like this.

Videos like this are an ABSOLUTE MUST for any CCW holder. Keep putting out great, educational content like this. You just got yourself another sub

It’s never illegal to draw your gun. It’s only illegal to color it in.

This video probably one of the best USCCA videos out there for us law abiding CCW holders. No one , including myself wants to draw my weapon for any reason , i always think of my firearm as a last resort after exhausting all options. But if my back is against the wall with no safe exit. Then i would be forced to draw. Awesome video.

Those 5 pillars where great to be reminded of. Thank you!

That last bit at the gas station was eye opening, never thought about that.

This stuff is really tough to grasp but really important and I went to law school. Most lawyers and police hate civilians having firearms so you need to be super careful. You need to be super careful about drawing your gun or you will be charged with brandishing. If you carry a gun then you must carry pepper spray since you can only use the gun for lethal encounters and the pepper spray is for everything else.

Thank you for the wisdom you have shared Sir! Most Respectfully Michael Weeks, a new USCCA member, San Antonio, Texas. I've been shooting for 50 years-damned humbling to realize how little I know....

I've had a CCW on me for 16 years and I thank God every day I have never had to draw or use it. I pray that continues. I heard a instructor telling people a very long time ago " Behind every bullet is a lawyer" I always think of that.

That was heavy the store clerk had a shotgun and the bad guy was behind the counter I would’ve felt real bad if that was me with the CCW having my gun pointed at the wrong person FYI I really appreciate the knowledge you guys give us

Excellent points about the third party. My CCW instructor was an LEO from a nearby city and also gave us an excellent example about knowing your third party. We were examining whether or not we were criminally protected vs civilly protected after a shooting and it opened up my eyes. Everything you said is spot on. Thanks for sharing.

The instructors of both CCW classes I took said pulling your gun is basically the same as pulling the trigger to the law. They both said even if you pull your gun and the bad guy runs away, call the police and file a report. You want to say that you felt your life was in danger, you pulled your gun and the bad guy ran away. You want to make sure your name is on the victim line of the police report. You don't want the bad guy calling and claiming you pulled your gun for no reason.

Kudos to those of us that try to learn all we can about self defense laws, so we can be in the best position for protecting ourselves. I for one have learned a lot just from watching these USCCA videos.

If I am facing a deadly threat, the last thing I will worry about is whether it is legal for me to draw my firearm.

I pulled mine on two would be muggers. Been carrying since the late 90’s. This is the only time I’ve ever had to produce my weapon. The presents of the firearm stopped them in their tracks and made them retreat. I have CCW safe the defender’s plan. For what it’s worth. And I’ve very happy with them.

This type of video of instructional video is exactly what needs to be showed to new gun owners. Even as a avid firearms supporter, it blows my mind how some states don’t require classes to carry. This alongside proper conceal carry 101, crossfire type videos, and proper storage would really do a lot in properly informing new firearm owners the importance of safety when choosing to carry. I want to stress that I love our 2nd amendment, but owners need to understand the severity of reveling your firearm and/or shooting.

Very true ..even though I was the victim and was attacked in my business ,I still had to go to court about 5 times to prove my innocence..rather be safe than sorry.

That third party situation I fear a lot especially since I live where many are armed. I don't want to get shot because someone thinks I'm the bad guy in a situation where I was defending myself or another.

I liked this guy. He laid down some excellent information in a clear and decisive manner.

One thing to always remember, speaking about the person unknowingly shooting the store owner, "things are not always as they appear to be". Great video!

Always attempt to flee no matter what, even in a stand your ground state. This will definitely help your self-defense case. Edit: I am seeing some dumb Fudd replies. So to further clarify you should retreat from a threatening situation only if you can do so with complete safety. Hopefully you Fudds can understand that but I doubt it.

"We carry a firearm so we're hard to kill, but we need knowledge of the law so we're hard to convict" Perfectly said.

Nice and easy. Clear and concise. An excellent reminder that we may not know anything about a situation, so WATCH, call the po po, stay on the line, answer questions promptly, not starting with: "Well I was on the way to my mother's house and she always makes me feel fat, and I saw a dog without a leash then I went to the store then came here..." Just stick to the topic, and WAIT until you DO know.

I've seen enough examples to know that the answer is always 'it depends'. The law is written, but it's never absolute. There are always arguments to everything and people that try to spin situations in their favor, etc. For example, would you be right in knowing that, if a larger and much stronger person were to threaten you with physical harm, that would justify lethal force because there is a high likelihood of you ending up at the ER if he were to get his hands on you. The law says no, you can't, because he didn't have a weapon or an object to assist, or that he was only using his hands and not kicking you in the head. But, common sense tells us that the law is totally ridiculous because the threat of giving you permanent injury is very real should that strong guy decide that one punch wasn't good enough, or something to that effect. It's always a permanent gray area, which is why I hate the law so much. The law protects criminals as much, if not more, than victims.

Fantastic video and a very well spoken man. He did a good job of bridging the gap between an experienced and well knowledge fad viewer and somebody who may be new to the subject. All learning and not even a sense of condescension

the store situation is crazy. no matter how tough it might be minding your business saves you from alot

Its legal when my "Spidey Sense" starts to tingle....

The gas station clerk story is actually so powerful. You have GOT to know what's going on before you enter as a 3rd party and make things worse

One thing to add- Don't ever talk to the police right after you're involved in a shooting, except maybe one sentence like "The guy came after me with a knife". Get a lawyer immediately, hopefully you have carry insurance.

Excellent presentation - clear, concise, simple (without being overly simplified), understandable and with practical examples. More presentations should be delivered in this manner. Too many include unnecessary blah, blah, blah.

Sub'ed immediately. My friend, excellent delivery, love the silent room, no music, great delivery with a calm collected demeanor. Just what a real warrior sounds like.

Just when I thought I had a pretty good grasp of situations, this scenario where the guy with the shotgun in the store with the guy behind the counter (no pun intended) blew me away. I didn't see that one coming! What an eye-opener! Nice job

I have always been told that if you are pulling your gun, you had better feel your life is in danger and you should be firing your gun at the threat, if you don't feel threatened enough to have to fire, you shouldn't have pulled your gun.

I have absolutely no problem walking away from a confrontation, and having a CCW would give me the confidence to do just that, assuming it was a scenario where a dude or a bunch of dudes were threatening me but didn’t have an obvious weapon present to cover the proportionality criteria. I wouldn’t draw unless I thought someone had a weapon or I was surrounded and couldn’t reasonably get away.

One of the better shows on Tube, Kevin and Tom supply life saving info, look forward to it everyday.

Excellent information!! The first thing I did before getting my carry permit and carrying a firearm was I bought the book THE LAWS IF SELF DEFENSE!!! Very important to me to know what I CAN and CANT DO! Because as a normal citizen, we who carry are held to a MUCH HIGHER STANDARD when it comes to using a firearm!!!!

When I was taking my CC class, the instructor told us that if it's not your life at stake, you better make sure you know exactly what transpired before you pull your gun and shoot someone. Like he said, you don't know if the person you shoot might just be defending themselves against an attacker. I was also instructed that if you pull your gun out and the attacker backs off, you no longer have legal grounds to shoot them because the threat is no longer imminent. Personally, unless the threat is against me/my family personally, I'm not pulling out my gun to shoot an attacker for this very reason. I carry to protect me/my family. I'm not a vigilante out to give justice to those wronged. If you're eager to shoot someone, then you're likely going to get into trouble for it. Edit: for those that disagree with this mentality, that's fine. But also know that I don't care if you agree with it. Simply saying that it's the wrong mentality to have isn't going to change anyone's mind. It's hard to protect anyone when you're sitting in a prison cell because you shot the wrong person, or you had a shot ricochet and kill an innocent bystander.

In Florida, castle doctrine actually does mean you can shoot someone for forcibly entering your house or curtilage as long as they don't have a legal reason to be there (cops, invited guests, etc.) The law says that by definition when a person enters a domicile who is not allowed to do so, they are presumed to have intent of committing additional crimes therein and so deadly force is a warranted response. You do not have to wait and see if they are going to attack you, have a gun, or anything. However, that doesn't mean a prosecutor will just roll over. If someone knocks on your door in the middle of the afternoon and you shoot them, or they walk in calmly and happen to be at the wrong house, it is going to be a tougher defense than waking up in the middle of the night to door being kicked in. Both are forcible and unlawful entry and justified use of force, but in one situation, there's a reasonable assumption that you could tell you weren't in imminent fear of your life and could perhaps have attempted to issue a command for the person to retreat before shooting. 'Great bodily harm' is the trickiest one. Someone trying to punch you may not be imminent fear of death, but if it is a guy bigger than you, or two guys, even without weapons they could beat you to a pulp. No way to know until after it happens if they're just going to hit you once or pummel you into the ground. The problem is, Juries don't often understand how dangerous a situation can be.

Wow this is the most direct simplified with scenarios presented for anyone to understand this must be shared. I'm going to do it myself now! Thank you Chip for lifting this particular veil of ignorance

Love this guy's reasonable discussion. Everyone needs to hear this.

That was really helpful. I’m always mindful of the legal dangers of self defense. The guy in Florida who was convicted of manslaughter for shooting a guy who shoved him to the ground at a convenience store is an important example of what not to do.

I'm 5'7 and weigh 120lbs. I've had concussions and suffered from tbi. If someone attacks me with the intent to injure they're getting shot. Don't step up unless you can handle the consequences. I don't have to allow people to assault me

Upon the start of this video I realized just how tied our hands really are. Rules of engagement? In the streets there are no rules. But the powers see fit to proscribe laws that can leave a person hesitant for fear of going to jail and even in a justified shooting as innocent people are consistently getting sent to prison for any kind of incident. No one should be attacking anyone so when they do, even just a fist fight, we need to be able to take the gloves off and respond with the same prejudice that the criminal enacts. After all he is not worried about jail, so why do we have to be..

Pro tip: if you're in a pickup truck chasing someone who's unarmed and fleeing on foot, you shouldn't draw a firearm

If I am armed and someone hits me first then I have waited far too long to draw. I don't know if I will get up or be knocked senseless. At 55 I won't take chances. Hand to. Hand is good for the fight game but in life and death 2nd place is no option.

This is tough, depending on the physical size of the aggressor.. if they swing at you slap or closed fist what do you do? If they continue to approach you..

Thank you, USCCA. Great video. Knowledge is Power. Egotism or I Know Everything attitude is a poor choice, especially in critical areas like this one where your life is at risk, or your personal freedom after your actions.

It seems by the time you guys are ready for your "gun give-away", it will have the technology of Star Trek phasers.

All these laws make it extremely confusing. They should be boiled down to a basic understanding that the majority of the public can learn quickly.

Outstanding. Important information, well presented. This should be shown in every CCW course.

I'm curious. What if someone who is not armed (or maybe has a knife but you do not know) gets in a fist fight with you and tries to tackle you or knock you down to kick you or punch you. If you don't have the training or any other means of fighting back would you be allowed to use any amount of deadly force in retaliation? In a position like that it could only take one could kick to the head or neck to take someone out.

Not necessarily true, some states Castle Doctrine if someone kicks in your door it's a assumed fact there to harm you or family and don't need a weapon or a threat so depends on your states law.

Okay, so I am taking my time and educating myself before getting my first handgun. I love how Mr. Chip Eberhart has presented these 5 pillars! My thanks to USCCA and Mr. Chip Eberhart for posting this. I am grateful.

Kudos for covering a valuable topic...MORE! Something I tend to do when I'm out walking and someone will be passing soon, or comes out of a doorway, etc., is while continuing to mind my own business, is to simply hide my hands inside my pockets. I do this because years ago while I was walking alone (no gun) I noticed it deflected a couple of ominous encounters. Bad guys want to see those hands! I know, not a magic answer, it worked those two times.

Thank you for that information . Not a member yet, but I’ll be there soon. Going to hit the website up and download the app as well. Much love from Philly!

Always good to hear re-hear what is legal and to consider, on your own, what will be your trigger, within the law. I made sure to carry heading to a gas station on New Year's night and a wild acting fellow in a Santa hat approached me as I had my wallet out at the pump. We had brief stare down, then he walked on. I think in some instances, a brief 'brandishing' should be legal, but the cops seem to really want that to be an arrestable offense. As in, I was walking home one night wearing a jacket, with a hip tabbed holster that fits a small 38 snub, and an Officer driving by stopped to inform me he could see the bottom of the holster when reached up to tap a cross the street button. Maybe he was just being helpful. I won't crotch carry, so it goes on my hip or back.

Stand your ground is using any violent force necessary to protect yourself from serious bodily harm or death.

In our training in a sheriffs dept. in Ga, we’re taught in class availability, opportunity and jeopardy when justifying a shooting.

Sad. It's better to not get involved because of the way the laws are. We need to overhaul our rules on this topic. The good guys have soooo much to worry about and think about just to do the right thing.

Excellent content! Very very useful for me as a cc license owner as I go through scenarios in my head constantly. This video was extremely helpful! Thank you and I would love to learn more from these professionals!

Very informative. Especially the story of the gas station robbery.

Love all your informative videos and that you guys talk slow and clear easy to understand …Thanks!!!!

Question? What do you do in this situation? Shooter shows up. Starts shooting. Takes out a few people before you have time to respond. You maybe shoot or get into a gun fight. Then say the "bad guy" darts out an exit door and flees. But you don't know if he is headed to take out anyone else . Say people are around where he is fleeing and the person has already taken out people. Even tho they are fleeing. Do you take out the person or not? Do you follow? Cause if you didnt he might take out other people. But at the same time if he fleeing he not attacking. So what's the rule in that?

Man. Carrying is like walking on eggshells now. Why can’t we hold the government to the same standards?

This has to be one of the most informative videos I've ever watched

Thank you for dropping the knowledge in a way that most can understand!

Good points👍🏽 but as for the slap, it depends on the size of who’s being slapped/punched and who’s doing the slapping/punching. For instance, A heavyweight can kill a lightweight with one hit. So it’s best to use great judgment in a quick of time.

Excellent presentation !! Impressive speaking and the information is rock solid. Thank you Chip and Kevin. Do this MORE often !!!!!!

Thank for furthering our education on conseal carrying. It is so very important to know & understand our laws. Signed John Gregory, from Munster Indiana.

I wish you would ask this articulate well-spoken gentleman to look into these brandishing laws. This was a very good speech about the law philosophy of our country. I have read some of the laws about brandishing but I don't have the audience to be worth a presentation on my part. This guy could keep a lot of your membership out of jail if he had a brandishing video for us all.

I knew this was going to come up eventually. De-escalating is always a must before going lethal. Stating intent, goes hand in hand with this too. Investigate before you instigate.

Incredibly informative episode, the clarity is crystal and the delivery is impeccable. Thank you for the refresher!

I know an older guy that got slapped and blew the “slapper’s” knee cap off with a snub nose revolver. Cops showed up and told him he did no wrong 🤷🏾‍♂️

I think every gun should come with a mini video cam attached to it. That video camera might be your best self-defense.

I have a question. What if you’re about to fight someone but you have your gun on you appendix carry. But you take it off your person (gun taken off from the belt but still holstered and snapped) to remove it from the situation before the fight. Is it still considered brandishing if you’re handing it off to your significant other to get it out of the way so you’re obviously not fighting with the gun on you. Especially if it’s a one on one fight and you have no intention of using it or not waving it around and making threats?

When using the 5 principles and the catch phrase "a gun makes you hard to kill, knowledge of the law makes you hard to convict" you should give credit to the person who came up with them: Andrew Branca!

I once skipped a Walmart greeting lady and didn’t show receipt, completely ignoring her. I can see her eyeing me, so I turned around halfway to the door and she pointed a finger pistol at me and pulled it as if she was firing at me… 😅

Great information I live in the state of Pennsylvania and everytime I renew my permit at the courthouse I also grab the free book they have about firearms in my state and I know it so well now but I still check it cause laws change. But this man is correct it is imperative you know the laws of your state.

Thank you guys for this excellent video. I currently have no weapons but have thoughts of enrolling in a gun training program and doing Open carry. Things are very bad out there and I just want to be able to protect myself, my family and our home. Again, THANKS !!! 😇😇😇

This is the best uscca video yet. Priceless content that could save you or someone else. Well done!

Well said and well written. Someone explaining it all with good sense and knowledge of the law.

This videos more needed than ever. Alot of people seem confused about that one now.

That was one of the clearest explanations I've ever seen in my life, period.

Fun fact: In California you are only allowed to draw your gun after you die.

Always good to have a reminder that just because we carry ,we have a responsibility to know the law ,too many people fail to lead with self control. Thanks for the video .stay safe ,or call for backup.

We spend so much time working on firearm skills and not enough on the legal part. Very important.

You need to adjust the audio level set on this video. I’ve got my iPhone at the max and it’s barely audible.

I just started watching but if I pull mine? I'm using it unless the aggresser backs off. I don't go looking for trouble or stick my nose where it doesn't belong. Love from SE Texas 🤟

I can't wait till the gun giveaway goes from really soon, to really REALLY soon

Great video, thank you for simplifying what we all need to be aware of.

Thank you for making these clear. You may have saved lives with this . Good knowing before you react, how such an event would be viewed as law enforcement. I expect they are subject to these also.

I’ve had the misfortune of having to draw my firearm 2 times in the last 10 years, but thankfully haven’t needed to fire it. First time was while working at a low income apartment complex. A guy came out of his apartment swinging a machete at me. I retreated to my work vehicle and drew my pistol and he stopped and stared me down. I jumped into my truck and left. After several blocks I called 911, and while on the phone with dispatch an officer pulled up behind me. The machete guy also called 911. The officer took my statement, and while doing so the officers on scene called him after reviewing the camera footage I was asked if I wanted to press charges and released. Second time I was at the local lake with my family in our camper. We were at a site with no sewer hookups so we used the bath house. One evening I was walking to the bath house and could hear a few sites over obvious sounds of distress and struggle. I returned to my camper and grabbed my phone to call 911 and it was ringing. It was a friend of mine who was a city officer who had been called in for assistance. He knew I was in the area and wanted directions to where I was at and where the disturbance was. As I turned to look out the door the guy was headed twards my camper with a bloody baseball bat. I drew my pistol and pointed it directly at him and said not the phone loud enough so the guy could hear me “head headed twards my camper now with a bloody bat. If he gets within 20 feet I’m taking him out.” He didn’t stop, but about the time I was almost ready to pull the trigger a police car with lights and sirens was coming down the access road and the guy dropped the bat and took off running twards the water. I informed my friend of the information and the patrol car happened to be him. After the guy was caught I was asked to give a statement and that was that. I did have to testify during that guys trial as he severely injured what turned out to be his ex-girlfriend and the guy she was camping with. Both times I was in credible fear for my safety and well being. One time I was able to retreat the other I had my entire family and no where to go, and it was dark. The second time probably scared me the worst because my wife and small children were in the camper, and was probably the closest I ever felt like I was going to have to shoot someone in self defense. In each case I only resorted to the firearm as a last resort, and in the second case was going for my phone not my gun. And in the first case I retreated to my vehicle while being chased. It was also obvious the guy was drunk but was no less dangerous. And in my state we do have stand your ground but I really didn’t want to shoot anyone, miss and hit someone in an apartment or walking by. But I agree it’s important to know the legalities of when it’s legal as it could change depending on where you are. I know one small town near here where the chief of police doesn’t want anyone carrying to have a chambered round, which is a debate for another topic presents an interesting challenge legal or not.

I tend to not take legal advice from LEO. A few month of training doesn’t make them versed in law. I’ll listen to the people who have studied it.

Good information and good video. Gonna follow these videos more closely

My closest friends, family members and a few co-workers know that I carry. I can only name four people, including the guy that sold it to me, who have ever seen what I carry. I don't carry to threaten. I carry to defend or protect. If I ever have to draw my firearm, I intend to use it to stop the threat. If that means the person surrenders or runs away, it has served its function. I pray that I never have to pull the trigger.