AOR Covers You Even if You Used an Illegal Weapon in Self-Defense
When you are unexpectedly attacked, you do not have time to consider whether your weapon is legal; you instinctively reach for the closest object available. This could be anything from a kitchen knife or baseball bat to an unregistered firearm. While you may successfully stop the threat, this does not protect you from potential criminal charges. Instead of being seen as someone who defended themselves, you might find yourself facing weapons charges while also dealing with the trauma of the incident.
At The Attorneys For Freedom Law Firm (AFF), we understand how a justified act of self-defense can quickly escalate into a criminal case. That is why our Attorneys On Retainer (AOR) Program ensures that our members receive legal representation, regardless of the weapon they used to defend themselves.
What is the Difference Between Legal and Illegal Weapons?
“Legal” weapons are items that are permitted by law for personal defense. These include lawfully owned and registered firearms, pepper spray, and stun devices, depending on the regulations in your state. Licensing requirements, registration laws, and other regulations generally govern the possession and use of these weapons.
On the other hand, “illegal” weapons can include unregistered or unlawfully modified firearms, banned knives (such as those with blades that exceed legal limits), brass knuckles, or improvised weapons. Everyday objects like hammers, screwdrivers, or bottles may occupy a gray area of the law when used for self-defense.
It is essential to understand that the legality of the weapon used can significantly influence how a prosecutor approaches your case.
How the Legal System Can Work Against Individuals Acting in Self-Defense
Some prosecutors tend to emphasize the weapon used in a self-defense situation rather than the circumstances that prompted its use. As a result, even if you acted reasonably and proportionately in self-defense due to an imminent threat, using an illegal weapon can still lead to criminal charges. These charges may include unlawful possession of a weapon, use of a prohibited weapon, or weapon enhancements to existing offenses.
Unfortunately, many self-defense programs, particularly those backed by traditional insurance companies, often deny coverage in such cases. Their policies frequently exclude coverage for illegal weapons, leaving you without protection when you need it most.
The AOR Difference
Most self-defense programs backed by traditional insurance are subject to industry regulations and internal risk-management guidelines that often mandate denial of coverage for prohibited weapons.
In contrast, our self-defense program is supported by a law firm. We have also established our own Risk Retention Group (RRG). This allows us to operate independently of traditional insurance rules and regulations, enabling us to set our own standards for legal representation. Our team consists of experienced criminal defense attorneys who believe in defending personal freedom rather than questioning how that freedom was protected.
Therefore, we do not deny coverage based on the type or legality of the weapon used. If you meet our three established criteria, we will represent you.
- You are charged (or are reasonably concerned about being charged) with a crime (felony or misdemeanor).
- You can reasonably and in good faith assert that you acted in self-defense or defense of others.
- The charges arise out of conduct that occurred entirely after you became a member of AOR.
Why This Matters
Most firearm owners rarely, if ever, use their guns for self-defense. According to data from the National Crime Victimization Survey, fewer than 1% of victims involved in violent crimes reported using a gun to defend themselves (Planty & Truman, 2013). Even among gun owners, studies indicate that actual instances of defensive gun use are extremely rare, especially given the millions of firearms in circulation.
Research by the Violence Policy Center shows that for every justifiable homicide involving a civilian using a gun in self-defense, there are more than 30 criminal gun homicides (Violence Policy Center, 2023). These findings suggest that while many individuals own firearms for protection, the opportunity or necessity to use them in self-defense is statistically uncommon.
In a real self-defense situation, your first thought will not be whether the weapon available to you is legal; it will be about survival. You might not have access to a legally registered firearm. You could be in your kitchen, garage, or walking through a parking lot. In that moment, you will reach for whatever you can find to protect yourself.
At AOR, we understand this reality. That is why we do not deny representation based on the means you used to defend yourself. We focus on why and how you acted, not what was in your possession.
Real-World Examples
Example 1: Unregistered Firearm During a Home Invasion
During a home invasion, you are attacked and use a friend’s firearm to stop the threat. Since the gun is not registered in your name, you are charged with unlawful possession. Traditional self-defense insurance programs may deny coverage in this situation, but we will still represent you.
Example 2: Wrench in a Garage
While cornered in a garage, you use a wrench to defend yourself against an attacker. The force you used is deemed excessive, and prosecutors focus on the “weapon of opportunity.” Other traditional self-defense insurance programs may view this as a policy violation, but we at AOR will not, and we will provide representation.
Example 3: Brass Knuckles in a Parking Lot Altercation
As you walk to your car at night, you are confronted by two men. You defend yourself using a pair of brass knuckles that you carry for protection. After the attackers flee, you are arrested for aggravated assault and possession of a prohibited weapon. Many traditional self-defense insurance programs may exclude coverage for brass knuckles, but we do not.
Example 4: Baseball Bat Used in the Workplace
While working a late shift at a warehouse, a co-worker suddenly attacks you. You grab an aluminum bat from a nearby shelf and swing it once to stop the assault. Although the threat ends, your co-worker is injured, and you now face charges for aggravated assault and possession of a weapon in the workplace. A self-defense program backed by traditional insurance might deny you coverage, citing its policy. However, at AOR, we will not deny coverage. If you claim self-defense, we will represent you.
Example 5: Kitchen Knife Used in Domestic Dispute
An aggressive ex-partner confronts you during a heated argument. After being pushed and verbally threatened, you instinctively grab a prohibited knife to defend yourself. The incident concludes without serious harm, but when the police arrive, you are arrested and charged with aggravated assault and unlawful possession of a prohibited weapon. Most self-defense insurance programs might deny coverage due to the use of an illegal weapon, but at AOR, we will represent you.
Conclusion
The legal system can be complicated, and the outcomes of self-defense cases are often unpredictable. That is why The AOR Program is based on one fundamental principle: if you acted in self-defense and your case meets our three criteria, we will represent you – regardless of the weapon you used.
Read our full “We Cover You Even If…” series to see how far that commitment goes.
Many self-defense programs that are supported by traditional insurance come with numerous limitations. If you are seeking dependable legal defense for self-defense cases without the usual exclusions, consider our AOR Program.
Citations
Planty, M., & Truman, J. L., Firearm Violence, 1993–2011, U.S. Department of Justice, Bureau of Justice Statistics (2013), https://bjs.ojp.gov/content/pub/pdf/fv9311.pdf (last visited on October 30, 2025).
Firearm Justifiable Homicides and Non-Fatal Self-Defense Gun Use, Violence Policy Center (2023), https://vpc.org/studies/justifiable23.pdf (last visited on October 30, 2025).
