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AR-15 Programs

Concealed Carry Insurancean Update

January 19th , 2021

Member Meeting

Terry Marksberry

You may be mentally and physically ready to handle a defensive gun use incident, but, are

you legally ready?

• Statistics

• Laws of Self Defense

• Criminal vs Civil Trials• Rules of Evidence

• Civil Penalties

• Self Defense Costs

• Types of Coverage

• Companies

•Comparisons

Presentation Topics

Are You Protected?

•97% of Automobile Drivers Are Insured…

•97% of Gun Owners Are NOT!

Statistics

Castle Doctrine

• Intrusion deemed “Life Threatening” by Law

•Lethal Force Justified

•Civil Suit Prohibited

•Need for Insurance Coverage Minimal

•At Least in Florida!!

Concealed Carry

•Far Greater Risk if DGU Incident Occurs

•Must conform to ALL 5 elements of the Laws of Self Defense

•Civil Suit Likely win or lose• Criminal Trial provides

ammo for Civil Trial

Variable Risks

Required Conditions to Claim

Self Defense

1. Non-Aggressor

2. Immediacy

3. Parity of Force

4. Duty to Retreat (FL Stand Your Ground)

5. Reasonableness

Laws of Self Defense

Criminal vs Civil Trial

Criminal Civil

Initiator State – DA Plaintiff

Penalties Prison/Fine/Parole Financial

Judgement Jury Jury or Judge

Attorney May be Provided You must pay for

Attorney

Protections Constitutional &

Criminal Law

None

Standard of

Proof

Beyond Reasonable

Doubt

Preponderance of

Evidence

•Bail Bond•Murder Case = Large

•Criminal Attorney

•Retainer

•Pre-Charge

•Pre-Trial

•Trial

•Investigator

•Witness Interviews

•Background Checks

•Discovery•Formal Statements

•Depositions

•Expert Witnesses•Forensic Pathologist

•Crime Scene Analyst

•DNA Lab Processing

•Blood Spatter Analyst

•Firearms Expert

•Use of Force Expert

Typical Cost Elements

•Trial Exhibits

•Photographs

•Demonstration Aids

•PowerPoint

Presentation

•Computer Animations

•Jury Consultant

•Social Media

Research

•Appeals or Retrials

Typical Cost Elements

Element Cost

Bail $100k

Criminal Attorney $200k

Investigator $30k

Discovery $10k

Expert Witnesses $50k

Trial Exhibits $40k

Jury Consultant $20k

Appeal(s) $50k

Conservative Trial Cost Estimate

$500,000Does NOT include Civil

Trial and Potential Damages

Typical Cost Elements

•“First Dollar” Coverage

• Pay when due or upfront

•NO out-of-pocket

•No cap legal services

•Criminal Prosecution

•Civil Litigation

•Appeals or Retrials

•Civil Penalties Covered

•No payback if Guilty

•Ancillary Services

•Bail Bond

•Lost Income

•Psychological Counseling

•24/7 On-Site Response

•Use of Deadly Force Coverage

• Firearms

•Other Weapons

•Out-of-State Coverage

Insurance Selection Criteria

Insurance Based

•United States Concealed

Carry Association

(USCCA)

•NRA Carry Guard• Withdrawn

•Second Call Defense

Legal Services

•CCW Safe

•US Law Shield

•Armed Citizens Legal Defense Network

Company Options

Company Bail BondChoose

Atty

Criminal Atty

Fees

Second Call Defense $5,000You

ChooseUp to $50k

US Law ShieldAdditional $$

Up to $50k

They

ChooseNo Limit

Armed Citizens LDNAssistance

$$ Unspecified

You

ChooseUnspecified

USCCA $50,000You

ChooseUp to $250k

CCW Safe $500,000They

ChooseNo Limit

Coverage Comparisons

CompanyCivil Atty

Fees

Civil

Damages

Any Legal

Weapon

Second Call DefenseUp to

$500k

Up to

$250kFirearms

US Law Shield No Limit No Yes

Armed Citizens LDN Unspecified No Yes

USCCA $2.0 MilShared with

Civil LimitYes

CCW Safe No Limit(+$220)

Up to $1.0 MilYes

Coverage Comparisons

CompanyExpert

Witnesses

50-State

Coverage

Training &

Content

Second Call Defense YesExcludes NY,

NJ, WA

Some

Content, &

Training

US Law Shield Additional AdditionalState

Specific

Armed Citizens LDN Yes Excludes WA Modest

USCCA Yes YesCCW Magazine,

Online Content

Outstanding

CCW Safe Yes Yes Modest

Coverage Comparisons

CompanySpouse/Faml

Coverage

Upfront Pmt

or Reimb.

Firearm

Loss

Second Call Defense +$60 Fee UpfrontReplacement

Program

US Law Shield Additional Fee Upfront No

Armed Citizens LDN +$60 Fee Upfront No

USCCA +50% Fee UpfrontShared with

Pers Hardship

CCW Safe +$100 UpfrontReplacement

Program

Coverage Comparisons

CompanyRed Flag

Coverage

Ongoing Atty

Access

In Court

Comp.

Second Call Defense No Unknown $250/day

US Law Shield Yes Unknown No

Armed Citizens LDN No No No

USCCA Yes Available $750/day

CCW Safe Yes Unavailable $250/day

Coverage Comparisons

CompanyHardship

Coverage

Psychological

Support

Investigator

Fees

Second Call Defense $1k Cleanup20 One hour

SessionsNot Defined

US Law Shield No No Not Defined

Armed Citizens LDN No No Not Defined

USCCA $6,000 $6,000 Not Defined

CCW Safe NoUp to 10

SessionsNo Cap

Coverage Comparisons

Company AppealsRecord

Expungement

On-Site

Response

Second Call Defense No No Yes

US Law Shield Retrials NoBy Phone,

Not Defined

Armed Citizens LDN If Needed NoMay

Request

USCCA Unknown NoNot

Specified

CCW Safe Yes Yes Yes

Coverage Comparisons

Company Low Tier Mid-TierTop

Tier

Second Call DefenseEntry

$119/yr

Full

$179/yr

Elite

$399/yr

US Law Shield1 Adult, 1 State

$131/year

Add on $$ for

Coverage

Armed Citizens LDNBasic (your

State) $135/yr

More States

Added $$N/A

USCCAGold

$300/yr

Platinum

$408/yr

Elite

$504/yr

CCW SafeProtector

$149/yrMil/LEO

Defender $179($399 w Civ Liab

Ultimate

$499/yr

Cost Comparisons

Company Positives Negatives So-So

Second Call Defense 3 7 4

US Law Shield 4 8 3

Armed Citizens LDN 2 8 4

USCCA 9 4 3

CCW Safe 11 3 3

Company Comparisons

USCCA

•Civil Atty & Penalty

•$50k Bail Bond

•Criminal Atty $250k

•Psychological Support

•Expert Witnesses

•Hardship Coverage

•Ongoing Atty Access

•Highest In-Court Comp

•Training & Content

CCW Safe

•Civil Atty & Penalty

•$500k Bail Bond

•Criminal Atty – No Cap

•Psychological Support

•Expert Witnesses

• Investigator – No Cap

•Appeals & Retrials

•Record Expungement

•On-Site Response

Top Two

Company Website

Second Call Defense secondcalldefense.org

US Law Shield uslawshield.com

Armed Citizens LDN armedcitizensnetwork.org

USCCA usconcealedcarry.com

CCW Safe ccwsafe.com

Contact Information

Company Email Phone

Second Call Defensesecondcalldefense@

dualcommercial.com877-502-3300

US Law Shield Message Screen 855-478-6607

Armed Citizens LDN Message Screen 360-978-5200

USCCA Message Screen 800-674-9779

CCW Safe info@ccwsafe.com 855-639-2297

Contact Information

Immediate Actions

•Call 911

• Provide Your Name

•Give (Your) Location

•Request Police & Ambulance

• “I was attacked”

• “I had to defend my life”

•Do not sound cool, calm, & collected even if you can!

• If you have to leave the scene you MUST be able to explain why

•Don’t touch the crime scene

•YOU are the victim, act like it!

•Call your attorney at first opportunity

Self Defense Incident

First Responders

•Holster gun before LEO arrive

•Local LEO

•Name – ID

•Bare 911 Facts

•Point out perp weapon

• ID witnesses

•Do NOT consent to search

•Advise family or friends present – NOT answer any questions w/o atty

•Cooperate with LEO to the barest minimum, but respectfully

•Advise LEO, you need to speak with your atty before you make any statements

Self Defense Incident

Statements

•Write down everything you can remember

•Dialogue with attacker

•Actions causing you to draw and shoot

•How many witnesses

•Where you were coming from and going to

•Step by step details and timeline of the confrontation

Self Defense Incident

The Morning After

•May be news crews at your residence• If trespassing, call police

•Say NOTHING to the press

•May be used against you in court

Self Defense Incident

• Stay out of sight

Meeting with Your Attorney

•Tell your story in painful excruciating detail

•Leave out nothing

•Atty/Client Privilege

•Tell everything you know about perp, if anything

•Detail your self defense training & experience

Self Defense Incident

• In Florida, prepare for Self Defense Hearing

•Your Attorney will contact LEO, DA for determination

•Proactive legal work may avoid a trial

Two Days After

•CSI Finished

•LEO Investigation Finished

•Autopsy Finished

•DA Determination of possible charges

•Arraignment

•Plea

•Bail

Two Days Plus…

• If Charged

•Long Painful, expensive Ordeal

• If Not Charged

•Mental Ramifications

•Family, Friends, Neighbor Reactions

•PTSD

•Psychological Counseling

Conclusions

You may be mentally and physically ready to

handle a Defensive Gun Use incident, but, are you legally ready?

Final Thoughts

Parting Comment