Self Defense Archives - U.S. & Texas LawShield

Mammoth Teams with U.S. & Texas LawShield

(HOUSTON, TX) U.S. & Texas LawShield®, the finest Legal Defense for Self Defense program in the nation, is pleased to announce that Mammoth has joined their list of 2A Member Perk preferred partners as well as a U.S and Texas LawShield Facility partner. Mammoth is the nation’s leading provider of premium rotomolded coolers, drinkware, and accessories, with products are built from the highest quality materials, are made to last, and all come backed by a Lifetime Warranty.

Mammoth will be offering 25% OFF all orders. U.S. & Texas LawShield members can log into their account at www.uslawshield.com to access the Mammoth promo code and receive their discount.

Mike Hannigan, CEO at Mammoth said, “We are proud to become a facility partner of U.S. & Texas LawShield and look forward to introducing the Mammoth brand to their members. We’ll work together with their team to offer unique and exciting perks and discounts to their member base.”

Jim Fisher, National Sales Director for U.S. & Texas LawShield tells us, “U.S. & Texas LawShield is excited to add Mammoth Coolers to our long list of 2nd Amendment friendly companies involved in the member perks program! Companies like Mammoth Coolers fit our member family perfectly with great products at a great price.”

At an affordable $10.95 per month, U.S. & Texas LawShield members receive the finest self-defense coverage available anywhere. The Member Perks program was designed to give members access to exclusive product and service discounts to top brands and manufacturers throughout the country. They are very selective in who they choose, and are proud to have a brand like Mammoth on board. For more information on how to become a U.S. & Texas LawShield member and to access discounts from manufacturers like Mammoth, please visit uslawshield.com or contact Member Services at 877.448.6839. Use Promo Code MAMMOTH for two additional months FREE when you sign up for an annual membership.

About Mammoth

Mammoth Coolers is out there in the field, on the water, at the tailgate party and in the backyard learning what works and what doesn’t so we can make all our products work for everyone. Every innovation we make is driven by a desire for performance, price and productivity. From our superior coolers to our Chillski, from our Rover tumbler to the Tusk, all our products were made for every person no matter their passion, no matter their interests. All backed by a Lifetime Warranty. For more information or order inquiries, please contact support@mammothcooler.com or visit mammothcooler.com/. For press or media inquiries, please contact Brittany Maki at bmaki@rendezvousmarketinggroup.com.

About U.S. & Texas LawShield

U.S. & Texas LawShield is the leading legal defense for self-defense coverage program in the country, offering peace of mind to gun owners and anyone else who may have to defend themselves in a life-threatening situation. We provide no caps, no limits, and no deductibles for any covered event, as well as an industry-defining, nationwide network of fully vetted Independent Program Attorneys ready to defend you, your rights, and your freedom.

The Animals Aren’t the Only Thing to Fear, Know the Law to Survive an Animal Attack – Missouri

In our last newsletter, we shared three real-life stories of people fighting off a wild bear attack. These scenarios beg the question: How can a person legally defend themselves against an attacking animal?

The answer, from a legal perspective, is more complicated than you would think. If you look through the Missouri statutes, there is no one place to find a comprehensive man vs. animal answer. Animals, both domestic and wild, are discussed in various places in the revised statutes as well as the code of state regulations. It would be nice if the legislature had written one clear and comprehensive statute addressing the issue of use of force against animals, but as it now stands we must look to the hodgepodge of animal laws for guidance.

Missouri law allows deadly force against animals classified as “large carnivores” under RSMo 578.608 if a person has reason to believe that the large carnivore is chasing, attacking, injuring or killing a human being, livestock, or poultry. There are some restrictions. Large carnivores are defined as “tiger, lion, jaguar, leopard, snow leopard, clouded leopard, and cheetah, including a hybrid cross with such cat, but excluding any unlisted nonnative cat, or any common domestic or house cat; or a bear of a species that is nonnative to this state and held in captivity”. RSMo 578.600.

A separate distinction is made for dangerous wild animals. Dangerous wild animals may be killed when on the loose in Missouri. Dangerous wild animals are specified to include lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, Canada lynx, bobcat, jaguarundi, hyena, wolf, bear, nonhuman primate, coyote, any deadly, dangerous, or poisonous reptile, or any deadly or dangerous reptile over eight feet long. The Missouri Department of Conservation has also issued “Rules of Engagement” to assist in situations involving nuisance or dangerous animals which can be found online.

Endangered species may be subject to special protections under federal law. If you believe an animal which may be endangered is damaging your property, you should contact a Missouri Department of Conservation Officer for instructions on how to proceed. If all else fails, the Wildlife Code of Missouri includes a “trump” rule that allows landowners to protect their property by trapping or shooting some species of wildlife where local ordinances don’t prohibit these methods. On Page 4 of the Wildlife Code under 3 CSR 10-4.130, it states:

“Subject to federal regulations governing the protection of property from migratory birds, any wildlife except deer, turkey, black bears and endangered species which beyond a reasonable doubt is damaging property may be captured or killed by the owner of the property being damaged, or by his/her representative at any time and without permit, but only by shooting or trapping… Wildlife may be so controlled only on the owner’s property to prevent further damage. Wildlife so killed or captured must be reported to an agent of the department within twenty-four hours and disposed of according to his/her instructions. Deer, turkey, black bears and endangered species that are causing damage may be killed only with the permission of an agent of the department and by methods authorized by him/her.” Be mindful to follow local ordinances as local ordinances regarding the killing of animals are allowed to be more restrictive than state laws.

It is not likely that we will ever have the opportunity to be confronted with a deadly scenario dealing with a “dangerous wild animal” or other non-native wild animal, however, the real possibility exists that we could be in a position to face a dangerous domestic animal or an angry livestock animal. What happens in this situation? Well, there is no statute that provides you with the specific authorization to defend yourself or another person from an attacking animal that is not a “dangerous wild animal.” However, Missouri law does recognize an exemption to the Missouri animal cruelty statutes which provides that “the killing of an animal by any person at any time if such animal is outside of the owned or rented property of the owner or custodian of such animal and the animal is injuring any person or farm animal but shall not include police or guard dogs while working” is an exception to the criminal penalties which would otherwise apply.

Although use of force against animals is not clearly spelled out in the statutes, Missouri’s law regarding use of force against dogs is a useful guide. A person may use deadly force against a dog if there is a reasonable apprehension of imminent harmful contact by the dog against yourself or another person. You cannot, however, justify killing a dog if it is within an enclosure belonging to the owner. RSMo 273.033.1.

Until now, we have been talking about Missouri law. What about federal law? The federal law has actually had the foresight to specifically provide that a person may kill an endangered animal in self-defense, such as the regulations concerning the Mexican Wolf in 50 C.F.R. Sec. 17.84(k)(3)(xii), or the Grizzly Bear in 50 C.F.R. Sec. 17.40(b)(i)(B). Unlike the Missouri statutes, this makes the federal law clear and comprehendible. Therefore, if you are carrying your concealed handgun in a national park and you find yourself face to face with a Grizzly Bear, you can use your gun without fear of federal prosecution.

3 Bear Attack Stories You Won’t Believe!

Every day, people have encounters with animals, some wild and some domestic, whether out for a jog, hiking, or perhaps walking your dog. Sometimes these encounters can be peaceful, but if you’re not vigilant they can be deadly.

Here are a few stories of survival that illustrate the importance of being prepared to defend your life when animals attack.

Even a Cheap Gun Can Save Your Life

The NY Daily News reported the incredible tale of an unwanted guest.

In July 2014, Jim was at home in the Alaska wilderness with his young son, Montana, and the family dog when he heard loud banging outside around 3:30 in the morning. The pounding became so strong that it shook the two-story house, waking Montana and sending the dog into a barking frenzy. Montana peered out the curtains to only to come face to face with a nine-foot, 450-pound brown bear intent on making a meal out of the youngster.

Jim grabbed his $140 Hi-Point .45 caliber handgun and raced downstairs to the rescue. He cracked open the door and fired off a couple of warning shots to scare off the bear. It rambled off into the woods, so Jim, Montana, and the dog all went back to sleep.

But a couple of hours later the bear returned, even more determined this time to breach the door and get inside the house. Afterall, there were some tasty morsels inside.

Once again, Jim grabbed his handgun to protect his family. This time, however, he knew warning shots would not be enough as the bear was a real threat to break through the door. The last thing Jim wanted was to have a large, angry bear inside the house with him and his son.

He realized that he was going to have to put the bear down to save himself and son, so he went out onto a second-floor balcony where he had an elevated position that gave him a clear line of sight to the rampaging beast. Jim was hoping his Hi-Point would not fail him as he pumped seven rounds into the bear. Wounded, the bear became even more aggressive before running off about 50 feet where it collapsed and died.

Jim’s experience proved you don’t necessarily need a high-dollar firearm for protection, but you do need to have a gun for protection. You never know when a bear or some other intruder may attempt to invade your home.

But Make Sure it is Loaded

CBC News brings us the story of Jeff and Ken were on a hunting trip in Canada when a 7-foot-tall grizzly bear attacked them while they slept in their tent.

The bear jumped on the tent, landing on Ken, pinning him down while biting his leg and arm. Jeff, in a panic, grabbed his rifle to come to Ken’s defense, but the rifle was not loaded. Scared and excited, his adrenalin flowing, Jeff struggled to shove a round into the chamber while Ken was trying to fend off the bear.

Jeff got in position for a clear shot and squeezed the trigger, but only hear a “click.” In his excitement, he had failed to push the bullet all the way into position in the gun.

I just put gun to the side, trying to push the bear off [and] Ken is telling me, ‘shoot the bear, shoot the bear!'” Jeff said.

The bear continued its attack, biting, gouging, and tossing around the helpless hunters before finally giving up and running away.

In shock, Ken did not realize he was bleeding until he got out of the tent and felt it running down his arm, dripping all over the snow at his feet.

“I kind of always wondered what it felt like to be bit,” Ken said. “Luckily, it didn’t get a full upper and lower jaw-bite on me, but it didn’t feel as bad as I thought it was going to feel.”

Both men were treated in a hospital with non-life-threatening injuries and released.

The hunters knew they were in bear country and had rifles that could have been used for self-defense, but they were not loaded-not even chambered with the safety on. An unloaded gun is just an expensive paperweight.

But if a Gun is Not Available

The Idaho State Journal reports the story of Gene, a deer hunter in Alaska. Gene shot a buck and had started field dressing the animal when out of the woods came a charging 750-pound grizzly bear.

Before Gene could grab his gun, the bear was upon him, viciously clawing and biting the helpless hunter.

Did I say helpless?

Not willing to go down without a fight, Gene began fighting back in bloody hand-to-claw combat. Gene saw an opening and punched the bear right in the face, knocking it unconscious. Knowing the bear’s condition was only temporary and that it could awaken at any minute to finish him off, Gene grabbed his gun and shot the bear, killing it.

It’s amazing enough that he was able to go toe-to-toe with the grizzly, but Gene was 68-years-old at the time of the attack!

You do what you have to do to survive. And in Gene’s case, he opened his own can of WhipA**.

These are just a few of the thousands of tales of animal attacks. Next issue we will explain the legal ramifications of defending yourself from these attacks. You might be surprised by what you read.

3 Self-Defense Stories with Outcomes You Won’t Believe!

Three Self-Defense Stories with Outcomes You Won’t Believe!

There are many stories where innocent victims of crime wind up in trouble for defending themselves. Just because you legally defend yourself does not mean the trouble is over. It may be just the beginning. Remember, you can be sued for anything at any time.

Here are three stories where the innocent person was victimized again by the bad guy and faced a lawsuit for their lawful actions.

90-Year-Old Shooting Victim Sued for Shooting Burglar

One Tuesday morning, in January 2012, Samuel Cutrufelli, a 30-year-old convicted felon, broke into Jay Leone’s home and stuck a gun to his head. Leone, a 90-year-old resident of the small unincorporated community of Greenbrae (just north of San Fransisco), was tied up, and Cutrufelli began ransacking the home, looking for loot. Leone convinced the home invader to allow him to use the restroom, where he retrieved a handgun he kept hidden in the toilet tank and confronted Cutrufelli.

Cutrufelli responded by shooting Leone in the face. Seriously wounded, Leone was able to return fire and wounded Cutrufelli. Cutrefelli was able to wrestle the gun from Leone’s hand and put it to Leone’s head, pulling the trigger. Fortunately, the gun was out of ammo. He fled the scene but was caught a short distance away. Both were taken to the hospital, where Leone underwent weeks of hospital care.

Cutrufelli was convicted of burglary, robbery, assault with a deadly weapon, possession of stolen property, possession of a firearm by a felon, and two counts of attempted murder.

But that was not the end of the story.

While waiting for his sentencing hearing, Cutrufelli filed a civil lawsuit against Leone. His case blames Leone for “negligently shooting him, causing great bodily injury, which led to him losing his home and to his wife filing for divorce.”

Leone had to spend money hiring an attorney to defend against this lawsuit. At a court hearing on the case, the judge said there was no “negligence” on the part of Leone since he hit what he was aiming at! He then dismissed the case.

Oh, by the way, Cutrufelli was sentenced to life in prison.

“Target” Takes Aim at Hero

Michael Turner, 50, was shopping at the big box chain store, in Pennsylvania back in 2013, when he came to the defense of a 16-year-old girl.

A mentally ill man, Leon Wells, 44, rushed into the store while being pursued by a group of men after stabbing their friend a few blocks away. Wells grabbed the young girl as a hostage. He stabbed her twice and then held a knife to her throat, threatening to kill her.

Turner was not going to let that happen, so he rushed Wells and wrestled him away from the girl and held him till police arrived. The girl was not severely injured and survived. Her mother believes Turner to be a hero.

Target, on the other hand, thinks otherwise. After the young girl’s mother sued Target for lack of security, Target filed a claim against Turner, asserting Turner caused ‘unreasonable risk of harm to others’ when he helped capture the attacker.

The company claims in its suit that the pursuit of Wells into the store is what ultimately led to the teen’s stabbing.

“The public policy that they’re (Target) eliciting as a result of their actions is reprehensible,” says Turner’s attorney, Todd Hollis. “What they’re actually saying is for any bystander who attempts to help another that you subject yourself to being sued.”

After three years of court battles, Target reached a confidential settlement with the mother and Turner and the case was dismissed.

This Fast-Food Robber was Hungry . . . for Revenge!

A Delaware man attempted to rob a pizzeria at gunpoint one evening a few years ago when he encountered some unexpected resistance.

Nigel Sykes, 20, entered the Seasons Pizzaria in Newport, DE, with the intention of robbing the store and its employees. He brought a gun along to persuade cooperation. After all, he had done this several times before, having robbed a bank, three other pizzerias, two fast food restaurants, and two convenience stores. Apparently, he had found his “career path.”

This time, however, the employees were not going to let Sykes get away with it. They tackled him and wrestled him to the ground, causing the gun to discharge. Fortunately, nobody was hit by the errant shot.

Sykes was arrested, charged with robbery, attempted robbery, and three weapons counts. He was convicted, and sentenced to 15 years in prison. While in prison, Sykes filed a federal lawsuit against the pizzeria, its employees, and the two arresting officers, claiming he was “beaten unnecessarily.” Really?

The U.S. District Court judge threw out several of Sykes’ claims but allowed the suit to go forward against the named defendants, each of whom had to hire attorneys to fight the suit in federal court.

Keep the Protection You Need . . . and Deserve!

Lawsuits such as these do occur and they can be extremely costly to defend against. Fortunately, for Members of U.S. & Texas LawShield, such financial devastation is avoided.

By maintaining your membership with U.S. & Texas LawShield, you have the peace of mind knowing that your attorneys’ fees are covered 100% for criminal charges and civil lawsuits resulting from your actions in a legal self-defense situation. Just another of the many benefits your membership provides.

Rear-Ended, Then Defended Part II – Oklahoma

As you saw in Rear-Ended, Then Defended Part 1, no one was hurt, and our member Jeremy was neither arrested nor charged. Unfortunately, this isn’t always the case. In Part 2, we will dive deeper into the law, where Independent Program Attorneys will explain the road rage self-defense laws from your state.

Watch the video below to see your Independent Program Attorney – Robert Robles – explain the road rage self-defense laws for Oklahoma.

Sherry: Welcome back to Part II of Rear-Ended, Then Defended. As you remember from the last video, Jeremy’s truck was surrounded by three hostile men after a minor accident.

Fearing for his son’s safety, as well as his own, Jeremy retrieved his firearm from his glove compartment to stop the attack. In this instance, Jeremy’s quick actions deescalated the situation and prevented further threat to him and his child. However, his decision to leave his vehicle while brandishing a firearm his decision to leave his vehicle while brandishing a firearm is not a lawful action in every state.

That’s why I asked your Independent Program Attorney to clarify the law where you live.

Robert: In short, you can do that legally, as long as you are faced with the threat of grave bodily injury or death. Now let me say for the record, the Castle Doctrine applies when you are in your occupied vehicle, and if you emerge or come out of your car, armed or unarmed, you leave the Castle Doctrine behind and now you are on public ground, in the street, or anywhere in a parking lot; you are now in a stand your ground situation. Now, you can only use deadly force, or point your firearm, if you are threatened with danger that is immediate of great bodily injury or death here in the State of Oklahoma.

So, what if you were to take it upon yourself after you come out of your car with your gun and decide to chase a suspect, or to take them prisoner at gunpoint, or to force them into their car. That would a grave mistake because now you have turned into the aggressor, and you are no longer defending yourself. But now you have crossed over the line and you are projecting deadly force on to somebody to do something against their will, such as to lay on the ground, get in their car, or some other action, which due to either the absence of evidence or someone sees part of the scene and doesn’t get the whole thing down. They could report to the police that you are the aggressor.

So, it is best in the State of Oklahoma to reserve the use of deadly force, like a loaded firearm, or even an unloaded firearm pointed at someone, for defensive measures only.

Sherry: All too often our members find themselves in similar road rage situations all over the country. Please remember, if you are ever in a road rage situation drive to a safe, public location away from the aggressor. However, if you are forced to display, or use your firearm, call 911 first then call your attorney answered emergency hotline located on the back of your member card.

When it comes to legal defense for self-defense we’ve got you covered.

Rear-Ended, Then Defended Part II – Virginia

Watch the video below to see your Independent Program Attorney – Ed Riley – explain the road rage self-defense laws for Oklahoma.

Sherry: Welcome back to Part II of Rear-Ended, Then Defended. As you remember from the last video, Jeremy’s truck was surrounded by three hostile men after a minor accident.

That’s why I asked your Independent Program Attorney to clarify the law where you live.

Ed: In the specific answer to the question, Virginia has no statute dealing directly with this issue. However, Virginia is a stand your ground state.

Normally, the brandishing of a firearm towards another is a criminal offense in Virginia – a Class I misdemeanor. However, if used in self-defense it is allowed as long as it is a reasonable use of force. What that means is if you come under attack, and you have done nothing to provoke the attack. You have a right to stand your ground and defend yourself.

In this scenario, the member used a threat of deadly force to defend himself when he obtained his firearm and pointed it at the attackers. For justifiable self-defense to apply, you must be under attack through no fault of your own, which is exactly what’s happening in this scenario, and you must have fear of great bodily injury to yourself or others. At that point, you can use reasonable force to expel the attackers to protect yourself or others.

Therefore, because he had done nothing to provoke this attack he was justified in using reasonable force to defend himself and his son from the perceived attack.

Normally, the pointing of a firearm at another person with the intent of inducing fear in that person is a brandishing. In this scenario, the member came under attack through no fault of his own by three men, one of them was wielding a baseball bat.

When it comes to legal defense for self-defense we’ve got you covered.

Rear-Ended, Then Defended Part II – Texas

Watch the video below to see your Independent Program Attorney – Emily Taylor – explain the road rage self-defense laws for Texas.

Sherry: Welcome back to Part II of Rear-Ended, Then Defended. As you remember from the last video, Jeremy’s truck was surrounded by three hostile men after a minor accident.

That’s why I asked your Independent Program Attorney to clarify the law where you live.

Emily: Road rage attacks are some of the most common we see as gun-law attorneys. Generally speaking, we advise people not to step out of their vehicles with a firearm. Unfortunately, in road rage scenarios, the guy with the gun is likely to get arrested. Even when the gun owner is only defending against the road rager’s attacks. But sometimes getting out of your vehicle, gun in hand, is going to be your best and most reasonable option for self-defense.

Keep in mind, if someone attempts to forcefully and unlawfully enter your vehicle, whether that’s with a baseball, other weapon, or just trying to open your car doors, Castle Doctrine applies and you are presumed reasonable in your use of force or deadly force. This legal presumption is critical and should stop legal second-guessing of your actions, including stepping out of your vehicle.

Without this presumption, you give law enforcement officers, or prosecutors, the opportunity to ask whether or not you could have driven away, whether the threat was truly immediate, or whether leaving your car with your car was reasonable, and when these questions come in to play your liberty might be at stake.

When it comes to legal defense for self-defense we’ve got you covered.

No Good Deed Goes Unpunished

Tyrone Taylor pulled into a gas station late one October night just as a robbery suspect, Joseph Soutullo, was fleeing the store. Shots rang out as a store clerk fired at the suspect as he ran away, striking an innocent 15-year-old girl as she stood on the sidewalk outside the door.

Taylor heard the shots, saw the girl get shot, and saw the armed suspect run out the door. Soutullo ran towards Taylor with what turned out to be a BB gun in his hand. Taylor drew his own handgun and opened fire as Soutullo fled. A bullet missed its mark and accidentally struck an adjacent house, penetrating the door and striking a television in the unoccupied living room.

Taylor told responding police officers that he fired after Soutullo ran around his car with a gun in his hand.

Taylor was arrested and charged with discharging a gun into an occupied building.

Meanwhile, the store clerk, who has not yet been identified, has not been charged with a crime. Instead, the information will be submitted to a grand jury for determination if charges will be filed or if the clerk was acting within his rights.

Mobile Police Chief Lawrence Battiste says self-defense might not necessarily apply in the clerks’ situation as the shooting victim was merely a bystander and not a threat to the clerk.

In a statement, Battiste implored the public to be mindful that if you fire a weapon, even in defense of your property, if an innocent bystander is struck by an errant bullet, you can possibly be charged with a criminal act. Battiste also warned people against taking action if they are not directly involved with a criminal act being committed against them, even though nearly every state justifies the use of deadly force in defense of third persons.

In Texas, for example, the law states that if you are justified in using deadly force to defend yourself, your property, or another person, you are not liable to third-parties that might be injured by a stray bullet. However, you are liable if your actions created an unreasonable risk to others. You are not immune from negligent acts.

It is important to note that you are accountable for every bullet that leaves the barrel of your gun. Your self-defense actions may have unintended consequences.

Also of importance is to know that should you find yourself in a similar situation as either the clerk or the Good Samaritan, U.S. and Texas LawShield^® has your back and its Independent Program Attorneys are ready to help.

Can I Trick-Or-Treat And Carry in Missouri?

This Halloween, we want to discuss something much scarier than any ghost or ghoul: spending the night in a jail cell, or possibly losing your right to self-defense!

In the short video below, Independent Program Attorney John Schleiffarth explains Missouri law when in comes to carrying your firearm on October 31st, and how you can avoid possible toil and trouble.

Will you be bringing your firearm with you this Halloween? Share your plans with us, and let us know if you learned something new in the comments below!

Can I Trick-Or-Treat And Carry in Virginia?

This Halloween, we want to discuss something much scarier than any ghost or ghoul: spending the night in a jail cell, or possibly losing your right to self-defense!

In the short video below, Independent Program Attorney Ed Riley explains Virginia law when in comes to carrying your firearm on October 31st, and how you can avoid possible toil and trouble.

Will you be bringing your firearm with you this Halloween? Share your plans with us, and let us know if you learned something new in the comments below!