Attorney Marc J. Victor Appears as a Guest on the Tom Woods Podcast
August 31, 2023
Criminal defense attorney Marc J. Victor joins Tom Woods to discuss the importance of understanding firearm ownership. He explains that although cases like District of Columbia v. Heller and Bruen have strengthened gun rights, the legal landscape for firearm owners remains complicated. He emphasizes that responsible gun owners must understand the law and how it applies in real-world situations.
Keep Silent After Self-Defense
Attorney Victor stresses that his strongest advice is to say nothing to the police when involved in a self-defense incident. Legal protection starts with silence. Law enforcement officers only need to give Miranda warnings when a suspect is both in custody and being questioned. Routine questions like name, address, and date of birth do not activate these rights. However, once questioning becomes substantive, any statement can be used as evidence.
“The number one most important thing that I think you should know if you are a responsible firearms owner, and let me say it as delicately as I can, just shut up!”
-Attorney Victor
Attorney Victor warns that officers often misquote, misunderstand, or twist statements, especially in high-stakes situations without audio or video recordings. The best approach is to say nothing more than essential emergency information, like calling 911 for medical help if no one else can. When officers arrive, you need to appear non-threatening. Keep firearms holstered, hands visible, and stay calm.
The Principle of Reasonableness
Attorney Victor stresses that reasonableness is the key principle in defending self-defense claims. The law bans preemptive or retaliatory violence. A threat must be immediate, not speculative or delayed. Words alone rarely justify force unless they come with an immediate, credible threat of physical harm. Jurors will decide what is considered reasonable. This difference highlights why understanding the law and how it will be interpreted in court is crucial.
“If you’re claiming saying, ‘I acted in self-defense.’ If the threat against which you were acting was not imminent, it isn’t reasonable.”
-Attorney Victor
The Realities During Trial
Attorney Victor explains that firearm cases often depend less on legal rules and witness testimonies. Conflicting testimony is common, and prosecutors typically choose the version most favorable to their case. Defendants, who jurors may see as self-interested, often have difficulty convincing the jury. This makes it vital to carefully handle every fact from the beginning. Even if a defense justifies the burden of proof, the unpredictable perspective of the jury can create serious risks.
Mandatory Minimum Sentences and Their Impact
Mandatory minimum sentencing laws often cause most defendants to accept plea deals. Convictions under these laws not only result in lengthy prison sentences but can also permanently revoke individuals’ Second Amendment rights. To help responsible gun owners avoid these risks, Attorney Victor recommends the “Attorney Marc Victor Test” before drawing a firearm. This mental exercise involves imagining the worst-case scenario – arrest, prosecution, legal fees, emotional strain, and jail time. Only draw your weapon if facing imminent death or serious harm outweighs the risk of a prolonged legal battle. Conflicts over insults, threats, or property rarely meet this threshold. He advises that the safest approach is disengaging and avoiding escalation whenever possible.
“A mandatory minimum is when the legislature tells the judge… if this person gets convicted of this crime, the least you can give them is x amount of years.”
-Attorney Victor
Additional Legal Considerations
Attorney Victor offers practical legal advice. Any discussion involving firearms should be handled with extreme caution during traffic stops. Gun owners need to identify themselves and disclose concealed weapons when asked. However, they should avoid giving explanations or narratives. Courtesy and compliance help reduce risk during police encounters. He also warns against brandishing firearms, which can lead to felony charges in some states. He suggests that gun owners consider less-lethal options like pepper spray or stun guns. However, these tools must be used responsibly, as their presence can escalate incidents.
“I will say this: if you are going to carry, you should do so responsibly. Which means, absolutely no alcohol, no marijuana, no substances that are impairing.”
-Attorney Victor
When it comes to protecting your right to self-defense, there’s only one firm with decades of real courtroom experience: Attorneys For Freedom Law Firm. With our Attorney On Retainer Program, you’re covered in all 50 states. Are you ready to become a member of AOR? Please call 866-404-5112 or email us.
