Carrying a firearm comes with responsibility. Most people understand that part. What many don’t realize is that every time they carry a gun, they’re stepping into two potential fights.
The first fight is obvious: surviving the encounter.
The second fight is the one that ruins lives: surviving the legal aftermath.
People don’t lose their freedom because they owned a gun. They lose it because of what they say, how they act, or what they misunderstand after an incident. One traffic stop. One panicked 911 call. One sentence said at the wrong time. Suddenly, you’re no longer a law-abiding citizen, you’re a criminal defendant.
As a criminal defense attorney, I’ve seen this play out more times than I can count. This article breaks down the five most common mistakes responsible gun owners make and explains how those mistakes turn otherwise lawful behavior into criminal charges.
If you carry a firearm, or if you’re already facing charges involving one, this is information you cannot afford to ignore.
Mistake #1: Talking Too Much Instead of Asking for a Lawyer
This is the most common mistake gun owners make. There’s no close second.
After a stressful or violent encounter, people feel an overwhelming urge to explain themselves. They believe that if they “tell their side of the story,” everything will work out. That instinct is understandable, and legally disastrous.
Why Talking Hurts You
After a high-stress incident, your memory is unreliable. That’s not speculation. It’s biology. The fight-or-flight response affects perception, recall, and sequencing. You may unintentionally:
- Misstate how many shots were fired
- Confuse timelines
- Get distances wrong
- Describe events out of order
Those inconsistencies are gold for prosecutors.
Prosecutors don’t need you to be lying. They only need you to be inconsistent. Once that happens, they argue you’re either dishonest or unreliable, neither helps your defense.
Police are trained to get people talking. You’ll hear phrases like:
- “If you didn’t do anything wrong, you shouldn’t need a lawyer.”
- “We just want your side before witnesses talk.”
- “Help us understand what happened.”
These statements are not for your benefit. They are investigative tools.
What You Should Say Instead
In a self-defense situation, your statements should be limited to the absolute essentials:
- Your name
- Your location
- “I was attacked, and I feared for my life.”
That’s it.
When officers arrive, clearly state:
“I am exercising my right to remain silent and want an attorney before answering any questions.”
Then stop talking.
If you’re serious about protecting yourself, this is not optional. This is how responsible people avoid becoming defendants.
Mistake #2: Making Sudden Movements During a Traffic Stop
Traffic stops are already tense. Add a firearm into the equation, and every movement matters.
Officers are trained to assume risk. Fast or unexplained movements, especially toward a glove box, console, or waistband, can escalate a routine stop into something far worse.
Common Errors That Cause Problems
- Storing insurance documents and a firearm in the same compartment
- Reaching for a wallet without explanation
- Attempting to hand a firearm to an officer
- Leaning or twisting suddenly
Even innocent actions can be misinterpreted in seconds.
How to Handle a Traffic Stop Safely
- Keep both hands visible, preferably on the steering wheel
- Move slowly
- Narrate your actions: “I’m reaching for my wallet,” “My insurance is in the glove box”
- If armed, tell the officer where the firearm is and let them retrieve it
You should never handle a firearm in the presence of law enforcement unless explicitly instructed to do so.
Perception matters. Calm, deliberate behavior keeps situations from spiraling out of control.
Mistake #3: Mixing Firearms with Alcohol or Prohibited Locations
Few things destroy credibility faster than combining guns and alcohol.
Carrying While Impaired
If an officer smells alcohol during a stop, what could have been a simple interaction can quickly turn into:
- A DUI charge
- A firearm-related charge
- Both, simultaneously
In some states, a misdemeanor DUI can become a felony firearm offense simply because a gun was present. Juries hate this combination. Judges don’t like it either.
Carrying in the Wrong Place
Gun laws are not uniform. They are a patchwork of:
- State statutes
- Federal regulations
- Local ordinances
- Posted signage
Common prohibited locations include:
- Schools
- Courthouses
- Airports
- Certain hospitals
- Private businesses with proper signage
“I didn’t know” is not a defense. The law does not care.
The Fix
- If you drink, don’t carry. Period.
- Pay attention to posted signs.
- Stay current on firearm laws, especially when traveling
Responsibility means awareness. If you choose to carry, you choose to stay informed.
Mistake #4: Using Deadly Force at the Wrong Time or for the Wrong Reason
This mistake ends lives and destroys futures.
In most jurisdictions, deadly force is justified only when three conditions are met:
- Ability – The other person has the power to cause serious harm
- Opportunity – They are in a position to do so
- Imminence – The threat is immediate
If any one of these is missing, deadly force may be unlawful.
Common Misunderstandings
- You cannot use deadly force to protect property
- You cannot shoot someone who is fleeing
- You cannot continue using force once the threat has stopped
If someone breaks into your home, raises their hands, and retreats, and you continue firing, that is no longer self-defense in most states.
What Responsible Action Looks Like
- Use force only when you genuinely fear death or serious bodily harm
- Stop when the threat stops
- Call 911
- State: “I was attacked, and I feared for my life.”
- Invoke your right to remain silent
- Contact a criminal defense attorney immediately
Self-defense is not about anger or punishment. It is about survival.
Mistake #5: Not Understanding Carry and Transport Laws
Gun laws change dramatically across state lines. What’s legal at home may be a felony elsewhere.
Duty to Notify Laws
Some states require immediate disclosure to law enforcement. Others only require disclosure if asked. Some require no disclosure at all.
Failing to follow the rule in a “must notify” state can result in:
- Citations
- License suspension
- Criminal charges
Crossing State Lines
Federal law imposes strict requirements when traveling through restrictive states, including:
- Unloaded firearms
- Separate storage of ammunition
- Hard-sided containers
- Storage out of reach
People have gone to prison because they assumed legality carried over from one state to another.
It doesn’t.
The Fix
- Know the laws of every state you enter
- Understand transport requirements before you travel
- Never assume yesterday’s rules apply today
Ignorance is expensive. Knowledge keeps you free.
Criminal Defense Isn’t About Guns, It’s About Mistakes
Firearms don’t put people in jail. Mistakes do.
Most criminal cases involving guns aren’t about bad people doing bad things. They’re about good people making preventable errors under stress.
Understanding your rights. Staying calm. Saying less. Knowing when to stop.
That’s how you survive both fights.
When You Need a Criminal Defense Attorney, Timing Matters
If you’re facing criminal charges, especially charges involving a firearm, you don’t need reassurance. You need representation.
A criminal defense attorney does more than argue in court. They:
- Protect you from self-incrimination
- Control the narrative early
- Identify legal defenses
- Push back against overcharging
- Fight for your future, not just your case
The sooner an attorney is involved, the more options you have.
Make the Right Call
If you’re under investigation, have been arrested, or believe charges may be coming, do not wait.
Call the Marc Lopez Law Firm at 317-632-3642 to talk to a lawyer today. We defend people when the stakes are high and the margin for error is small.
And remember,
Always plead the Fifth.
