Former Nevada Air National Guard Captain James Upton, 40, of Reno was convicted of battery with a deadly weapon stemming from a bad defensive gun use in 2017. We blogged about this story and another defensive gun use gone bad.
He confronted teenagers in a local park after they were behaving "suspiciously" and as he claimed, one approached him aggressively and was waving his arms around. The teenager was wounded in his legs with a non-life threatening injury.
I didn't attend the trial and have no more details, but it very well may have been three teenage friends that lied about what happened and condemned this guy. He may have legitimately been in fear for his life and was justified using his gun, but the two other teens defended their shot friend. Or he could be a dumbass and getting what he deserved.
First, do not use deadly force unless they are presenting a truly deadly threat to you or threatening great bodily harm. If it can be said you started the fight or if you can walk away with no one getting hurt, do it. You don't need to be defending your freedom. Lawful force can be used to fend off an attack, but it has to be proportionate.
Second, do not talk to the police without an attorney present. You cannot talk your way out of trouble.
Finally, get a plan like a USCCA to get you a lawyer in a crisis and to help with defense costs. USCCA can have an attorney respond to represent you after arrest or in the aftermath of legit defensive shooting. They will not only pay for your defense up front, but can also provide indemnity for civil suits.
Even if all you ever use from them is the magazine (which is top notch) and the training materials, you have the piece of mind of having $100,000 up to $250,000 for legal defense and $500,000 to $2 million for civil defense. If you are involved in a shooting, you don’t have to scramble to try to find an attorney.
All you have to do is pull your membership card out of your wallet and call the 24/7 hotline for a specialist defense attorney come to your aid. Even if everything is 100% above board with your self-defense incident, an attorney can bring you piece of mind and comfort while the police interview you. Join the USCCA today and get the piece of mind that comes with knowing there is always someone who will have your back. Keep your savings for you and your family; let your membership foot the bill.
Just like you hope to never use your gun, but if you do, make sure you have someone on call to represent you and the funds to defend yourself.
Clayton E. Cramer
Gun Free Zone
The War on Guns
The View From Out West