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Shootings involving concealed carry weapon (CCW) users can occur due to a combination of inadequate firearm safety training, improper handling, deficient knowledge of handgun laws, and poor decision making.
In this article, firearms expert David Songer introduces some of the foundational concepts relevant to litigation involving concealed carry weapons.

In cases involving the discharge of a firearm, classifying the nature of the discharge can be insightful toward determining liability:
These intentional, unintentional, accidental, or negligent discharges can result in property damage, injury, or death.
The investigation of a CCW discharge may reveal that users lacked basic firearm safety general knowledge. The failure to demonstrate the four basic firearm safety rules may point to deficiencies in firearm safety training or evaluation.
Properly trained users should understand how their pistols function (single action/double action, striker, hammer), trigger disengage features (magazine disconnect, slide disconnect) and be able to identify and use basic safety features such as a thumb (1), trigger (2), and grip (3) safeties.

The legal justification for CCW users outside of the home to display and potentially use deadly force is generally accepted primarily for self-defense or defense of others from the imminent threat of death or serious bodily injury.
CCW users are responsible for understanding and adhering to all state, county, and local laws and ordinances regarding their concealed carry privilege. This includes areas allowing for CCW in vehicles and most public areas, as well as areas that prohibit CCW such as government offices, court houses, schools and bars.
Firearms training programs should educate users on the applicable laws regarding carrying, displaying, or using a concealed firearm.
Training programs should also prepare CCW users to determine when to use force. If force is displayed or used, the user must be able to articulate why the action(s) were objectively reasonable at that moment.
The premature display or use of a firearm during an incident which does not rise to the laws of the justification may escalate the event and result in criminal (brandishing a firearm, assault with a deadly weapon, manslaughter/murder) or civil (revocation of permit, lawsuit) consequences.
To alleviate these issues, the user must continuously review revised CCW and use of force legislation, not only in the area where they reside, but additionally the foreign jurisdictions they plan to carry their concealed handgun.
Firearms training through repetition, retention, and mental rehearsal are imperative in keeping a CCW citizen’s proficiency at optimum levels. Although some states enact rigorous training standards, such as written and practical performance examinations ranging from 4-16 hours, other states mandate little to no handgun knowledge or training.
These perishable skills can quickly deteriorate over time. A CCW user has a responsibility to train with a firearm, not only in marksmanship, but drawing and holstering using the right equipment, and overall decision-making processes. Training through a certified firearms or CCW instructor is highly encouraged to address these tenets.
Many states require some demonstration of proficiency that includes range time. In addition to logged hours practicing at a gun range, there are aspects of general training to operate within a range.
There is also a standard of care that the range must uphold to operate in a safe manner and enforce established rules. Range safety protocols and procedures should be implemented to prevent IDs, UDs, ADs, NDs and ricochet (metal targets too close or not properly angulated downward).
Rangemasters/firearm instructors or range safety officers should be present during live fire, or other dynamic drills involving firearms.
The proper storage of firearms should be covered in any firearms safety course. The consequences of a loaded handgun being left unattended and unsecured can result in tragic outcomes.
When a handgun is not secured on their person, CCW users are required to ensure the firearm is secured in a safe or locked container or other lockable safety device whether at home, work, or in a vehicle.
Many states have statutes that prohibit carrying while under the influence of drugs and/or alcohol.
Jurisdictions that allow CCW still prohibit firearms at schools, federal property, federal/state/county courthouses, and private property where prohibition is reflected in posted signage. CCW users should be well versed in the restrictions that apply wherever they go.
The CCW user has an ethical obligation to identify and mitigate these potential liability issues that stem from the use or threatened use of a concealed handgun. Failure to adhere to these obligations can have catastrophic consequences. Robson Forensic has experts in firearms training, law enforcement, and security who are well qualified to investigate cases involving the discharge of CCW.
For more information, submit an inquiry or call us at 800.813.6736.
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