In the world of concealed carry and self-defense, one small misstep could lead to severe legal consequences, even for responsible, law-abiding gun owners. Kevin Michalowski from the U.S. Concealed Carry Association (USCCA) and criminal defense attorney Tom Grieve recently discussed the most common mistakes gun owners make that can land them in jail. They highlighted crucial points that every concealed carry holder should keep in mind. Let’s dive into their advice and understand these key mistakes – and how to avoid them.
1. Firing Warning Shots

Michalowski and Grieve both emphasize that firing warning shots can quickly turn a defensive situation into a legal nightmare. Grieve explains that while a warning shot might deter a threat, it can easily lead to charges of reckless endangerment. Warning shots can endanger others nearby and often draw police attention to the gun owner, not the aggressor. Instead, Michalowski advises concealed carriers to focus on responsible, justifiable actions that align with self-defense laws rather than taking unpredictable measures like warning shots.
2. Using Force Too Late

Using deadly force after a threat has already ended is another mistake that could result in criminal charges. Grieve illustrates this with an example: if an attacker initially poses a deadly threat but then retreats or is subdued, continuing to shoot may be viewed as excessive force. The self-defense window, as Michalowski calls it, opens only when there is an immediate and active threat, and it closes as soon as that threat subsides. Knowing when to stop is essential to avoid the perception of excessive force.
3. Using Force Too Early

Using force prematurely can also lead to severe legal repercussions. Michalowski and Grieve describe how mistaken assumptions can lead to disastrous outcomes. If someone appears to be reaching for a weapon but is, in fact, going for their phone, firing could be considered unwarranted. Grieve emphasizes that being too hasty to pull the trigger, even in a tense moment, can backfire legally. The key, Michalowski notes, is ensuring there is a clear, immediate threat before acting.
4. Defending Property Instead of People

In most places, self-defense laws are meant to protect people, not property. Grieve explains that defending personal belongings, like a car or other valuables, with deadly force can lead to charges of assault or even manslaughter. While it’s understandable to want to protect one’s property, Grieve warns that the law typically does not justify lethal force in these situations. Michalowski agrees, underscoring that it’s critical to understand the difference between self-defense and defense of property.
5. Talking to the Police Without Legal Counsel

According to Grieve, many people mistakenly believe that telling their side of the story will clear up any misunderstandings with the police. However, statements made without an attorney present can be misinterpreted, incomplete, or used against the defender in court. Michalowski echoes this caution, advising gun owners to exercise their right to remain silent until they consult with a lawyer. Giving a statement too soon, he adds, can inadvertently lead to self-incrimination or complicate a self-defense claim.
6. Acting on Behalf of Others Without All the Facts

Michalowski and Grieve also caution against getting involved in a situation to defend a third party without fully understanding the context. For instance, intervening in what appears to be a robbery but is actually a misunderstanding could result in injuring an innocent person. Grieve stresses that without complete information, well-intentioned actions can have dire legal consequences. The best approach, they say, is to avoid taking action unless the threat to another person is unmistakably clear.
7. Being Impaired While Carrying

Carrying a firearm while under the influence of drugs or alcohol is another mistake that can escalate a defensive incident into a criminal one. Grieve reminds viewers that nearly every state has strict laws prohibiting carrying a gun while impaired, as it greatly impacts judgment and control. Michalowski warns that being under the influence not only diminishes reaction times but also skews judgment, potentially leading to unnecessary and illegal escalation.
Recognizing the Dual Spheres of Self-Defense

Grieve and Michalowski introduce the concept of the two “spheres” in any deadly force incident: the kinetic and the legal. The kinetic sphere involves the immediate, physical threat requiring self-defense. The legal sphere, however, governs the aftermath, where law enforcement and the courts scrutinize every action. Michalowski emphasizes that concealed carry holders must remain vigilant in both spheres to avoid unintended legal consequences. Self-defense isn’t just about neutralizing a threat; it’s about doing so in a way that remains defensible in court.
Understanding Prosecutorial Variability

One point Grieve drives home is that gun owners should be aware that prosecutors vary widely in their interpretation of self-defense incidents. What one prosecutor sees as justifiable force, another may view as excessive or even malicious. Michalowski points out that such variability underscores the importance of making careful, measured decisions during any defensive encounter. Recognizing that legal interpretations differ can help gun owners approach self-defense scenarios with an added layer of caution.
Avoiding Pursuit of an Attacker

Grieve and Michalowski discuss how pursuing an attacker, especially after the immediate threat has dissipated, is often viewed negatively by the law. Michalowski notes that chasing down a retreating threat can make it seem as though the concealed carrier is seeking retaliation rather than acting in self-defense. Grieve cautions that continuing an altercation beyond the immediate threat can easily transition into a criminal act. Restraint, they say, is a vital component of legal self-defense.
Implications of Post-Threat Actions

Even after a threat has been neutralized, actions taken in the aftermath matter significantly. Michalowski and Grieve emphasize that what a gun owner does immediately after using force can greatly impact their legal standing. Handling the weapon appropriately, securing the area, and waiting for law enforcement while refraining from additional confrontational actions are crucial steps to avoid escalating the legal consequences.
Avoiding Common Pitfalls in Self-Defense

Michalowski and Grieve’s discussion highlights the complexities of self-defense law and the many ways responsible gun owners can inadvertently make mistakes. Avoiding these seven pitfalls requires not only training but also a deep understanding of state-specific self-defense laws. For concealed carry holders, preparation means more than just marksmanship—it’s about understanding when to act, when to hold back, and how to navigate the legal repercussions if action becomes necessary.

Growing up in the Pacific Northwest, John developed a love for the great outdoors early on. With years of experience as a wilderness guide, he’s navigated rugged terrains and unpredictable weather patterns. John is also an avid hunter and fisherman who believes in sustainable living. His focus on practical survival skills, from building shelters to purifying water, reflects his passion for preparedness. When he’s not out in the wild, you can find him sharing his knowledge through writing, hoping to inspire others to embrace self-reliance.