Apparently, the number of Americans buying self-defense insurance — dubbed “murder insurance” by critics — has soared in recent years. The growth is linked to a rise in gun ownership, stand-your-ground laws and more states allowing residents to carry concealed firearms in public without a permit. About two million people have signed up, according to industry executives, some of whom estimate their membership has doubled in the past five years.
WHAT DOES A SELF-DEFENSE INSURANCE POLICY COVER?
The insurers offer a range of services, including bail and criminal-defense lawyers. Some also cover the cost of litigating civil lawsuits brought by victims of the shootings. The policies aren’t limited to shooting incidents. Most companies will cover a member charged with other crimes, such as threatening somebody with a gun, so long as there’s a plausible self-defense claim. Many companies offer upgraded plans that can include crime-scene cleanup costs (in-home or vehicle), TSA-violation expenses, accidental-discharge costs and coverage for spouses and minor children.
WHICH COMPANIES OFFER SELF-DEFENSE INSURANCE?
USCCA and rival U.S. Law Shield are the industry giants, but there are about a half dozen midsize and small players. They charge monthly fees ranging from about $11 to $59.
The companies’ marketing campaigns, which sometimes involve gun giveaways, include video testimonials from satisfied customers who shot in self-defense and got off, usually with no penalty. “There’s literally thousands of cases that have gone to trial that we have defended our members and exonerated them from charges,” said Tim Schmidt, USCCA’s founder and owner.
The fine print of their policies, however, shows the companies usually have wide latitude to reject a member’s claim. Some companies launch their own investigations to decide if it is legitimate. Some plans won’t cover a member who is intoxicated during an incident, or if it involves shooting a family member. Many restrict members to their own stable of attorneys.
CAN YOU OBTAIN SELF-DEFENSE INSURANCE IN WASHINGTON STATE?
Several states, notably New York and Washington, have taken legal action to halt the sale of self-defense coverage. In 2019, Washington became the second state to ban NRA-backed insurance called “Carry Guard.” Now defunct, “Carry Guard” provided cash to gun owners to cover civil and criminal legal fees if they become involved in a shooting. Nevertheless, Armed Citizens’ Legal Defense Network, based in Centralia, Wash., offer self-defense insurance.
My opinion? Although self-defense policies are helpful for those who truthfully respond in self-defense, they are not licenses to kill. Prosecutors are extremely wary of defendants who have purchased self-defense insurance before committing crimes. And at trial, a savvy prosecutor may seek an instruction that a defendant cannot rely on self-defense if s/he was the aggressor in a confrontation.
Please contact my office if you, a friend or family member are charged with a crime involving self-defense. Hiring an effective and competent defense attorney is the first and best step toward justice.
