if I dont have a license to conceal carry at all and I happen to have a gun and something happens or someone tries attacking me and I use that as self defense could I get in trouble. I'm only asking cus an attack happened 3 blocks from me against a white guy. From some blm thugs. I plan on getting my conceal carry license sometime though
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Not in Texas but my take on it would be:
Legally you'd be on the hook for a felony (Concealing a weapon without a permit) and, if charged, would have to fight that in court. Arguably you're in fear for your life or you wouldn't be trying to carry at all; if the police aren't doing their job of keeping the community safe, how is that your fault?
That's not a "Not Guilty" plea, that'd be more like "Guilty but" and you'd have to work out how to articulate why you did what you did.
All that said, the 2A was meant to keep you safe so you could, possibly, have things work out for you with the right judge and a good lawyer that knows gun laws, NRA type lawyers would probably love the chance.
I'd suggest open carrying if possible until you get your CC permit, but that's me.
You cant open carry with a pistol can you? Along as its in the open or does it have to be a rifle or shotgun?
Depends entirely on the state and county even. Some states are "Constitutional Carry" which means you can carry open or concealed no permit no problem, other states you have to get a permit to open carry at all.
Could they not simply plead the second?
Yes but in order to plead the 2A they'd have to acknowledge that they carried a concealed weapon without a permit, which is still a felony.
Like I said, their best defense would be an affirmative defense which is basically a "guilty but here's why I did it, you'll understand why I did it once I'm through".
A good lawyer, IMO, would try and articulate the defense to frame our Pede here as someone who, in light of recent events, lacked the confidence that the local police would keep them/their family safe and, as a result, they broke the law only out of the necessity to preserve their own life.
At the end of the day it'd still fall on a jury or judge to decide if they really are "Guilty" and need to be punished vs "Guilty" but more or less let off because of the extenuating circumstances.