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[Legal Discussion] Carrying Against Company Policy


sometimes for the illegal analysis you gotta call in the pros and ask him for some help welcome to today's bonus active self-protection lesson I'm still your host john korea today i have a bonus lesson for you i have invited a board certified attorney one of the best in america to give us some more legal analysis of one of our videos here on the channel now we normally post this kind of stuff on the active cell protection extra channel but it's so important i wanted to bring it here to you as well hope you enjoy the analysis and it helps you in your understanding of legal use of force we're gonna see the robber come in the door here you see the first employee is just gonna kind of see him whatever and then our good guy salah comes up and sees him pull a gun pulls his own and gets after him actually has a malfunction on the second round clears it keeps going with the guy who fights back and finally puts one in him right there just above the bad guys right hip and now he starts telling him hey man don't move i've got a shot on you if you touch that gun and the guy's gonna sneak away from his gun and he is then going to kind of crawl his way to the door with a hip with a bullet in it which was 150 green HST now i want to show you another angle after he runs off we see a second angle here as the employee comes up guys coming in with his face covered and salaah here is gonna grab his firearm go very fast get two shots and then a malfunction guy gets a couple shots on his way right there a third one bad guy ended up firing six shots total and salaah fired five shots total we see it from a third angle here one two and there's the malfunction he's gotta clear that gun gets it cleared third fourth shot didn't do anything there but the fifth one certainly did and put him down now then we go back to this second angle i want you to kind of see what our you know good guys are doing here while the bad guy does his holy cow I've been shot crawl to the door as he is going to you know try to get the heck away and he does that he's gonna crawl his way all the way to the door and run the heck out of there now interesting here I'm gonna let it play a little bit cuz I want you to see how the follow-up goes he's gonna go over not to go out the door and chase the guy but to secure his firearm I'm gonna bring that over here and secure the bad guys firearm again bad guy fired six times here and then he's gonna call 911 now he's gonna actually go out the front door go watch the interview that I did with him and you'll learn all the specific series gonna go warn the neighbors to close the doors call the cops took the cops 12 minutes to arrive it's gonna actually console his coworker here they were not hurt either one and that is where this one ends today's video was brought to us by firearms legal protection firearms legal protection is a legal defense program for lawful gun owners with the 24/7 emergency hotline and plans designed specifically for self defenders they are offering a discount on their plan to ask fan so hit the link in the description for that so mark as an attorney as somebody who sees these all the time in the criminal world any criminal problems carrying against company policy well it depends what the company is right because there are some places the company is Uncle Sam okay that's where the company is so but your typical company right that's not converted places to carry a firearm no not a criminal problem at all though you could imagine a prosecutor's saying it was some type of a trespass if it was carried in a in an area where they were very anti-gun right the argument could be well you trespassed on the property with a firearm even here I think in Arizona when the sign is out front that says no guns allowed and you walk in in violation of that sign I think you risk a trespass charge so we got some more I want to ask about that okay so I think this is where er really wanted to go but so in this instance from a criminal person times know you're gonna probably lose your job because the company policy doesn't have to be wise it just has to be followed and it may be wise I don't know what exactly their policy is but I could imagine reasons why a company might want to have that policy right because you certainly don't want people carrying who don't have any training and you don't know what the heck they're doing but you can make a company policy here at your company and says everybody has to paint their face purple before coming to work every day and it doesn't have to be smart wiser good it's your policy right what this really comes down to is what we talked about in one of the other videos property rights we have to we have to understand you don't have a right to do whatever you want anywhere you want you have a right to do whatever you want on your property with your stuff and so if you're in enter somebody else's property they have rules of under which you can enter it if you violate those rules in theory you're trespassing I've never seen a prosecution like that I know a lot of the gun guys don't respect the signs that store owners put up there that say no guns allowed but this is just disrespecting the property rights of another person this is an anti freedom position even though it may be a pro-gun position it shouldn't be a pro gun position because you know probe the the reason we should we're pro-gun is because we're Pro freedom and that makes us pro-gun we're not pro-gun and all expenses of all other freedoms so we want to be consistent about things I know some of the gun guys get upset about this but sorry I mean it's a freedom thing you don't get to take your gun wherever you want to take your gun you on your property you can on other people's property got to respect their rules with that said this guy's a total hero hero wouldn't it be great if the press ran this story you know a good guy with gun stops bad but one of the maybe hundreds or thousands of cases every year that we have in the unites every year in the United States we're good guy with gun stops bad guy with gun and as you mentioned you told you said the police response was really hugely long this guy could have killed everybody in sight beef everybody in all the stores adjacent to this store before the police had showed up on this one second question I want to ask now I want to talk separately we're gonna have a whole video on the trespass issue and about the no gun sights okay separate issue but in this particular one that solely when the guy comes in he's wearing his hood up and a mask on his face and that was his whoa something's really wrong here and then he said that that as soon as the guy pulled the gun out of his pocket he saw the gun that's when he went to draw his gun and we had to talk about that a little bit because my first thought was okay wait a minute in my place of business knowing especially gosh man MetroPCS it seems like man there's a lot of armed robberies at metro pcs is in the United States and I believe metro pcs employees are three-and-oh and gun fights on the active song protection channel but the the the thing is is is it objectively reasonable given those totality of circumstances dude walks in with the mask on his face and his hood up at 75 degrees outside that I go I'm getting a gun in my hand at that point and not waiting for him to have a gun in his hand do you think that's reasonable yeah I think it's reason will have a gun in your hand not to brandish it because I think once you brandish the firearm all you got is a guy in a mask and I don't think that's gonna be enough you got definitely suspicion that there's a problem but you know you already sort of gave away the fact that this is in a warm climate right if this is in Michigan in the winter totally reasonable totally reasonable but there might be other reasons maybe the guy's got skin cancer on his face and he's had some surgery anyone he's embarrassed about the way it looks I don't simply because somebody walks in with a mask on a warm day isn't enough to stick a gun in somebody's face and I think if this guy had put a gun in this guy's face and he didn't have a gun it was just a mask he was wearing whoa we got problem I think you got a big problem but if he'd drawn his gun come to that maybe a little ready position I'm not pointing a gun at you hey show me your hands what are you doing why are you wearing a mask in my store more reasonable probably slides by probably slides probably slides by you know but there again I'm very conservative right I'm not a tactical guy I'm a legal guardian so you know as a legal matter I want you far away from that I sort of like the idea that maybe you've got your hand on your firearm and it's still contained at that point ready to go if you were carrying with around in the chamber at the time you're what did I say you should you he says you shouldn't correct this is a good time to chamber around I'll give you that okay so I would certainly chamber around under those circumstances just in case for which I'd have to draw the gun but you know no question about that no question about that but we could do videos on to my clients that have unlawful discharge Casey there are many many of those really good points so I've said this in comments all the time but something I want to mention here is that so the people that you see have a different problem than the people that I see and so because of that and are varied areas of expertise you recommend things for the problems that you see whereas I recommend things for the problems that I see yeah I would say it like this for the very reason ansible gun owner the guy that's watching your channel that person's most likely to have to come in and hire me because they're carrying with around in the chamber and they did something they weren't paying attention they had an accidental discharge what they don't understand about that situation at least here in Arizona this is a mandatory prison felony charge can be the real trouble simply the accidental discharge even in your own house nobody got hurt nobody was almost hurt doesn't matter you're gonna be arrested taken to jail and if you go to trial on this charge and you lose you are going to prison for over a year so it's a pretty serious charge and when I look down said what a good what are the good guys get in trouble with that's what they get in trouble with so I'm sure there are cases and even when we talked about it when we had our little debate on it there are definitely cases where you're at enough of a tactical disadvantage by not chambering around that you should have had a round chambered it's a balancing test we're talking about it so if you're gonna carry with a round in the chamber what I always say is you have to have a quality holster and not futz around with your gun you've got to have good appropriate firearms handling skills and don't do the wrong things because you have a negligent discharge can be charged up to a felony and that could be real trouble obviously you don't want to go to because you make a mistake with your gun nobody gets hurt you go to prison for a year that's crazy but again in this instance then a great reason perhaps to put your hand on your firearm no doubt you can be really fast from that perspective that hey show me your hands whatever I'm gonna go back here like this and have my hand on my gun hey show me your hands buddy and I'm ready if that doesn't happen in this particular case it all went down so fast that he got lucky really they did this guy's running around shooting you know discharging rounds in the store very lucky he didn't get hit and killed outside their guy enough the other guy could have shot him right through the counter he was at so you know if you want to engage in this and that's a tactical question that's not a legal question but if you want to engage in this you're really risking your life in a situation like this to anyone I tend to agree with the store and say look if the guy comes anyone's to rob the place give them whatever the heck he wants and let him go whereas I say you know listen if somebody comes in and points a gun at me I have every right to stop that and I think it's to stop it sooner and so if my skill set is high I feel confident that I can and I should so that's the thing about these are many variables their skill set is high and you have the opportunity and you're ready to go absolutely so if you're carrying against company policy not a criminal issue really but a civil issue they can fire you no big deal and they're well within their rights when we're talking about drawing a firearm on somebody I think there's an interesting thing here about defensively displaying a firearm versus pointing it at somebody before he's got a gun in his hand and and so make sure you know that line and make sure you know the statute in your state and how that statute gets implemented in terms of the defensive display of a firearm to mark appreciate the knowledge man thanks for having me brother [Music] [Music] [Music]


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