Hendersonville, TN
The Law . . .
In today's world where people file lawsuits at the drop of a hat, you need to be aware of your responsibilities as a gun owner - especially if you plan to carry. Financial ruin and certainly peace of mind can diminish in an instant if you are ever involved in a shooting incident. This is why it is important that you have received proper and competent training from a qualified and certified instructor. The courts are holding those who carry firearms to a high standard of scrutiny. If you are involved in a shooting incident, you will have to prove that you were trained and you must make sure the training is proper for the task or situation.
If you are relying on the training brochure that came with your firearm, that is not enough. If you are relying on the skills acquired from a friend who has taken you to the range or in the backyard to plink a few tin cans, that probably is not going to be adequate to withstand the scrutiny of the courts.
The State and courts are requiring PROOF that:
The training was necessary as validated by a task analysis.
Target-Pro Firearms Training Academy provides you with a complete course syllabus outlining all activities and lesson plans. This information is available through our office or through the NRA Training Department.
The persons conducting the training were qualified and certified to conduct the training, and their qualifications can be verified.
All instructors at Target-Pro Firearms Training Academy are certified in their particular disciplines by NRA and the State of Tennessee. You may ask to view our instructor's certification or you may contact the NRA Training Department, at 1-703-267-1430.
The training did take place and was properly conducted and documented.
You will receive a certificate for each and every training course that you successfully complete at Target-Pro Firearms Training Academy. We keep a record of your training on file as well as providing that same record of your training to the NRA'S Training Department.
The training was "state-of-the-art" and current.
The NRA maintains and updates all training material and programs on a regular basis. We receive updates and continually receive training ourselves. The NRA has been around since 1871. One of NRA's major objectives has been to provide basic training on the safe and proper use of firearms. We are proud to maintain the same high standards and integrity of NRA.
Things for you to think seriously about!
Deadly force and criminal law
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You can use deadly force to prevent death or serious injury to yourself or a third party. Beware of blundering into a scene and making a split-second decision as to who's the good guy and who's the bad guy. You could shoot the guy with the gun, only to find out he's an undercover cop, or another armed citizen like yourself.
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In Tennessee, if a person illegally enters your home, you have broad rights to use deadly force, even without the threat of death or serious injury. You do not have to retreat, though retreating to a bedroom or other room may be helpful in the event of a civil trial. It may also be helpful for your psyche - shooting another person is not something to take lightly - but if you feel threatened you have to protect yourself and your family.
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You cannot use deadly force to protect property. If they're stealing a hubcap they're not a threat to life or limb.
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You cannot use deadly force to make a citizen's arrest, or to stop a fleeing criminal. If they're fleeing they're not a threat to life or limb.
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You're responsible for all of the shots you fire, including misses that hit innocent bystanders. Use aimed fire. "Spray and pray" is a bad idea.
Deadly force and civil law
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Even if criminal charges aren't pressed against you, the person you shoot can file a suit in civil court, as can their estate.
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Even if the person you shoot is convicted of a crime for assaulting you, they can file a civil suit against you. The other guy can literally sue you from his jail cell. What else has he got to do?
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"Guilty beyond a shadow of a doubt" is the standard for criminal trials. For civil trials, the plaintiff only has to prove a preponderance of evidence. In other words, the creep in jail who's suing you got the benefit of the doubt, not you.
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In civil court, the state does not provide for your defense. Unlike the creep who was convicted and is now suing you from jail, you have to pay for your own attorney. (Tort reform is sounding better and better, isn't it?)
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If you shoot someone in your home, your homeowner's insurance will not pay for your defense. Consider Pre-paid Legal, or an umbrella liability policy. Or forget spending money on a gun and get a life insurance policy: if the creep kills you, the insurance company will pay out to your beneficiaries.
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Cheer up, in spite of all of the above. Even if you get taken to court, you're still alive. It's better to be tried by twelve than carried by six. Want to take control of your life? Put money in your savings account so you can mount a legal defense against the creep or his estate. You invested in a gun and an alarm. Invest in a legal war chest. If you don't use it, it will come in handy for your kids' education or your retirement.
Think about how a jury would see things
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The worst statement you can make is "I shot to kill." That is every defense lawyer's nightmare! If you say anything, a better statement is, "My life or the lives of loved ones was endangered. I was forced to use deadly force to neutralize the threat." Of course, the end result for the perpetrator is the same. However, the perception of the jury based on your statement is in your favor.
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The next time you're buying home defense ammo and you have a choice between "Marksman" and "Predator" brand, think how "Predator" brand ammo sounds to a jury member who has never shot a gun in his or her life.
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Keep your defensive weapons close to stock, and never disable safeties. For example, you may know that pinning the grip safety shut on a 1911-style auto will reduce trigger pull by a pound or two. That's all well and good, but the opposing counsel will use that modification against you. "The defendant purposefully disabled one of his gun's safety devices because a hair trigger is more important to him than the safety of human life." He has just planted a negative thought in the minds of jurors - against you and your judgment!
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If you use hollow points, a common strategy for opposing counsel is to accuse you of using "dum dum rounds." He may even mention that expanding bullets are outlawed under the Geneva Convention. This is nonsense, and it's apparently pretty easy to beat. Remember to have someone from local law enforcement testify that they use hollow points because they're more effective at incapacitating an assailant, and because hollow points are less likely to over-penetrate and strike an innocent bystander.
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Also consider using Glaser Safety Slugs, which are highly effective incapacitators that are designed to prevent over-penetration. The fact that they have a jury-friendly name is a bonus. Another wise move is to use the same ammo that your local police department uses.
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On the other hand, forget about the myth of "shooting to wound." Shooting is shooting and reflects the use of potentially deadly force, and may result in death despite your best intentions. Shooting someone in the leg to wound them could open their femoral artery, which will cause death by blood loss in minutes.
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While you don't shoot to wound, you don't shoot to kill, either. Shooting the other guy to stop him may result in his death, but incapacitation, not death, is the goal. Another way to think of it: you don't shoot to kill, you shoot to live. If you don't incapacitate him, he'll kill you. You will not go home that evening to your spouse and children!
Where you can't carry a gun
Even with a carry permit, there are lots of places where a gun is off-limits, from the obvious to the not-so-obvious (some laws apply only to Tennessee):
Airports
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Most court facilities
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City parks and greenways.
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School grounds, including public schools, private schools, and colleges.
There's an exception when dropping off students, as long as the gun stays in the car and isn't handled. Don't even think about getting out of your vehicle with a concealed weapon on your person.
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Any private property where a notice is posted. When shopping, take note of the front entrances of stores. They are required to post notices prohibiting guns in their stores in a prominent location if they do not want persons carrying guns in their place of business.
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Anywhere alcohol is served. In addition, you can't carry while you're drinking. In Tennessee, there's no threshold or blood alcohol level. No drinking whatsoever is allowed while carrying.
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Violating any of these laws can result in criminal proceedings and/or the loss of your permit.
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With all of those restrictions, most of us will keep our guns in the car or nightstand most of the time, and only occasionally carry them. Carrying pepper spray is still a good idea for all of the places where guns aren't allowed. Even when carrying a gun, pepper spray is a good idea, as it's sometimes a more appropriate response to lower levels of conflict.
When you carry a gun, you can't get in fistfights or word fights
As an armed person you must be more likely and willing to avoid trouble. You have the legal and moral obligation of de-escalating any situation that you are presented with unless you are faced by someone displaying all three of the attack potential elements. Carrying a loaded firearm among your fellow citizens is an awesome responsibility that is not to be taken lightly. Remember, once you strap on your weapon, you must carry with it a great measure of discretion and judgement, along with an easy-going attitude.
If you carry a gun, you must walk away from fights whenever you can, even if it means swallowing your pride. Someone is yelling at you and calling you names. What do you do?
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If you pull a gun and shoot him for calling you names, in the state of Tennessee, you will be charged as a murderer. You can only use deadly force against someone when threatened with the loss of life or limb.
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If you punch the guy, things can get out of control. If he starts winning the fight and gets on top of you, do you shoot him? If he pulls a knife, do you shoot him? In either case, you're the one who started the fight by punching him. You will most likely be charged with a felony, the most serious felony charge - murder.
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Do not draw your gun for intimidation purposes. The perpetrator may not back down - he could possibly be under the influence of drugs. One of two things will happen: he will not back down, and you're forced to back down or secondly, shoot an unarmed man.
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What if he isn't unarmed? Drawing your gun could possibly provoke a gunfight.
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If you get in a fistfight and try to draw your gun in the clench, he could take your gun and kill you. He will be charged with your murder.
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The best strategy is to keep your cool and retreat as quickly as possible. Being called a name may hurt your ego or pride, but it never killed anyone. What if the perpetrator follows you and threatens you with bodily harm? You have the right to defend yourself to neutralize the threat. If this happens, you are in a much better legal position, since you tried to retreat and he initiated the fight.
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If you're in a tight spot - you can't get away, but there isn't yet sufficient reason to use deadly force - saying "back off, I have a gun" isn't the worst thing you can do. Say it while your hand is on your gun in case he draws his, but keep your finger off of the trigger until you're forced to shoot.
What about carrying your gun out in the open?
Unlike some other states, Tennessee carry permits are permits to carry, not concealed carry permits. However, there are several reasons why open carry is generally a bad idea.
With open carry, you lose the advantage of surprise. The attacker gets to choose the time, place, and victim. By carrying open, you've revealed your secret weapon.
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Think about this scenario: you're present in a bad scene, like a bank robbery or hostage situation. The bad guy has taken hostages and one of them has a gun strapped to his hip. Who do you think is going to be shot first?
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While it seems crazy to attack someone with a gun, the instructor mentioned a motive: maybe the bad guy needs another gun. Since you decided to carry in the open, the bad guy can see what a nice pistol you have, and since it's your gun it can't be traced back to him.
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Carrying a gun openly has the potential to make some people nervous, including friends and family members. It will also attract unwanted attention from police and security guards everywhere you go.
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If people start carrying in the open, more businesses will post notices that guns are off limits, and there will be fewer and fewer places to carry. Open carry is a losing strategy for our side.
Having a gun is a grave responsibility. It isn't to be taken lightly.
If you are interested in the Basic Pistol course/TN Carry Permit, you may contact Target-Pro Firearms Training Academy for further information at 615-512-3276 or targetpro@live.com.