Frequently Asked Quesions (FAQs) - CCW Safe National | CCW Safe Weapon Liability | CCW Safe Defense Attorneys

Frequently Asked Questions


General

Why Choose CCW Safe?


  • 100% Criminal Defense costs covered up front - No occurrence limit
  • 100% Civil Defense costs covered up front - No occurrence limit
  • 100% Administrative defense costs covered up front - following critical self-defense incident
  • 100% of Private Investigators costs and expenses covered up front
  • 100% of Expert Witness costs and expenses covered up front - Coordination included
  • Highest Bond Covered in the industry (500k standard or $1 million bond optional)
  • Dedicated 1 million dollar in civil liability can be added for all plans
  • Your spouse and children under 18 covered for home invasions at no cost
  • Weapons of opportunity covered (not just firearms) used in defense of critical incident
  • Select your own qualified attorney (to be vetted) or our National Trial Counsel will hire the best in the jurisdiction
  • Critical Response Team with a “Boots on the ground” response by former homicide detectives and National Trial Counsel

Your coverage reaches beyond one court appearance…

We official interviews with investigators, Grand Jury, court fees, consultants, Criminal Record expungement, “Red Flag” hearing coverage, mistrials & appeals (at no added costs).

 When it comes to self-defense coverage there is no better choice than CCW Safe!

We invite our members to be part of the selection process if our member has a lawyer he/she wants to use.  The lawyer will be interviewed by the National Trial Counsel prior to being hired to verify that he/she is an experienced trial lawyer in self defense cases and otherwise meets the high standards we set for the lawyers we retain for the greatest defense and success.  A win for you is a win for us!  If you would like to submit an attorney to be considered for our services in advance of an incident please have the attorney present the request, please send information to support@ccwsafe.com

There are three scenarios in how a member gets an attorney… 

A member that has no experience or idea how to choose an attorney is requested to allow the National Trial counsel to handle the entire process as we do not suggest someone that has taken a life to be burdened with the process.

A member that has worked with an experienced attorney, or simply knows of an attorney that has a great reputation in the area of self-defense shootings and use of force (with true trial experience) can request a said attorney to be placed on their account as a "Preferred Attorney."  All attorneys still have to be vetted by the National Trial Counsel before or after an incident occurs.  

Lastly, a member could be presented a local attorney by the National Trial Counsel and do a secondary interview, following the vetting process, to determine if the attorney "feels right" and to verify there is no other attorney better suited for that type of incident; working with the National Trial Counsel to locate the right attorney.

This National Trial Counsel stays in place and manages the defense team as the liaison of the member.  We want to make sure only the top attorney works on your case and he will assist with defense strategy and assist the local attorneys where needed.  He is also the one that would be in place if you had a conflict with your attorney and needed to step in to hire a new attorney on your behalf.

For a civil suit, our civilian attorneys are chosen for the specific issues arising from the incident and come from the ranks of DRI, Defense Research Institute. DRI is the most prestigious civil defense lawyers organization in the country.  Our civil defense attorneys are personally selected by our General counsel, Kyle Sweet. Kyle has a national practice representing insurance companies and their insured in catastrophic litigation. Kyle has significant experience managing lawyers in complex multi-district litigation and that experience is based on the model that we hire the best lawyers because they get the best results for our members.

We do not provide a list of attorneys in specific areas, so the attorneys we hire are not forced to deal with general inquiry questions.  They each have their own firms and bill individuals a fee for all calls.




CCW Safe is a legal service membership plan that has a huge membership base in all 50 states and an A+ rating with the BBB.  We have the strongest model, the "Police Union Model" that has been tested and is most similar in resources and response to what active police officers  receive when they are involved in on-duty shootings.  CCW Safe also has the most experienced staff with experts in managing catostrophic litigation, crime scene investigation, use of force investigations, attorney selection, peer support and critical response through the Critical Incident Command System.  
Effective January 1, 2017 CCW Safe established a Captive Insurance Company, called 2A Insurance. You can visit the website 2Ainsurance.com This is exciting news because now every one of CCW Safe's membership are backed by a policy by CCW Safe’s insurance policies with 2A Insurance, but also a re-insurance policy that 2A Insurance purchases through Port Royal Insurance Ltd. SAC. We were able to get this done with no new cost to our members; you do not need to purchase 2A insurance separately.
2A Insurance Company, a Segregated Account of Madison First Property and Casualty, Ltd., is a Captive Insurance Company started by CCW Safe, LLC to provide an "Insuranced-backed" funding mechanism for the payment of claims for covered legal services and related costs and expenses incurred by CCW Safe in defense of its members.  2A Insurance is managed by Hamilton Captive Management.  2A Insurance has further entered into a reinsurance Agreement and Share treaty with port Royal Insurance Company, Ltd. SAC, whereby Port Royal provides reinsurance coverage to 2A Insurance Co. for claims that have potential for heavy cost outlays.  
2A Insurance Company is committed to providing the funding and insurance based financial management infrastructure to make CCW Safe the industry leader in legal services membership plans for the concealed carry community.  CCW Safe is the company with the greatest financial security to finance claims and meet the needs of members.  Creating 2A Insurance solidifies CCW Safe as the clear choice for anyone seeking self-defense legal services coverage.  Any further questions on 2A Insurance Company please contact CCW Safe attention General Counsel Kyle Sweet (support@ccwsafe.com).



All members will be covered for administartive actions against them following a self-defense use of force; to include "Red Flag Law" complaints following said use of force.  The Ultimate Plan will be the ONLY subscription plan that will contain a "Special Benefit" covering up to $10,000 of contracted attorney fees for proceedings associated with the Extreme Risk Protection Order outside of a use of force: 

EXTREME RISK PROTECTION ORDER: This order is also called "Red Flag Law" covered through a special benefit under the Ultimate plan.  CCW Safe will not provide the services if a member chooses to use force against the agent commissioned by the legal court order or judge to confiscate weapons; this would be an illegal act.  CCW Safe will not provide services on any "Extreme Risk Protection Order" that was in place prior to joining as a member and other than the special benefit under the Ultimate plan, not one that does not follow a Recognized Self-Defense Use of Force Incident.  CCW Safe will not provide services to existing Extreme Risk Protection Order or any legal requirements that arise from an existing order, including but not limited to Use of weapon incident, Any other use of force, Appeals, Extensions, Terminations, Written challenges, Renewals or any of Hearings stemming from an existing Extreme Risk Protection Order.  CCW Safe will not provide services for any orders that are not considered "Extreme Risk Protection Orders" to include any other forms of court issued personal protection orders restraining any other activities, including but not limited to Victim Protective Orders, personal restraining orders relating to harassment, stalking or domestic disputes.

EXTREME RISK PROTECTION ORDER COVERAGE (“Red Flag Law” Coverage):  The "Ultimate Plan" is the ONLY membership subscription that covers a legally issued Extreme Risk Protection Order that does not follow a Recognized Self-defense Use of Force Incident. CCW Safe will provide services and a contracted Attorney to represent the Primary Member and Spouse (if applicable) who are Ultimate Plan members if they are found to be the subject of an Extreme Risk Protection Order. This will include all legal proceedings or hearings. CCW Safe will pay the legal fees of the Contracted Attorney up to the maximum amount of $10,000 per covered member.

Any costs or fees exceeding the maximum amount shall be paid by the covered member.  This benefit shall cover all existing and new Ultimate Plan members. This Special Benefit shall not cover any Use of Force used to prevent any court appointed agent(s) or law enforcement officer from confiscating any weapon required to be turned over in compliance with a legally issued Extreme Risk Protection Order (see other restrictions below under “Restrictions, Limitations, Notices and Exclusions”).

Our mission is providing services to our members and protecting their liberty and property if they have been involved in a traumatic Self Defense incident.  Our company and all of our employees support the 2nd Amendment.




New Jersey state residents:

No incidents will be covered for any member within the state of New Jersey even if you are a resident of another state traveling through that state.  Memberships are not available in the state of New Jersey. We cannot and will not offer any exceptions although the govenor recently authorized law enforcement officers to be covered no companies were officially authorized to begin sales again (due to pending cease & desist complaints by the office of insurance in that state).  CCW Safe competitors were also banned from the state for coverage. 

Washington state residents:

CCW Safe is currently in the legal process with the state of Washington, so we cannot accept new members in Washington. We hope to have this cleared up in the coming months. However, there is always the chance that this action may result in CCW Safe not providing memberships to those in Washington. We will update members in Washington when there has been a resolution to this.

Members that are currently covered for membership are covered yet no new members will be accepted until determination is made at the end of November 2020.  An administrative judge will make a ruling as to any restrictions or if a stipulation for reimbursement if found guilty in a self-defense case will be warranted and required by the state.  Only incidents by non-restidents from states that have reciprocity with the state of Washington; no other non-residents shall be covered in the state of Washington even if you are a resident of another state traveling through that state at this time.  

CCW Safe competitors were also banned from doing business in the state as well.  This is an ongoing issue that will be updated in the near future.

New York state Residents:

Under circumstances beyond our control, CCW Safe no longer cover incidents or sell membership subscriptions for non-law enforcement members in New York state.  There are a few states and governors that are changing laws, legislation and insurance regulatory powers to force out companies that defend those involved in self-defense shootings incidents.  The state of New York has made moves following their lawsuit against the NRA, to deter and cease the actions of businesses designed to cover their citizens who are forced to defend themselves in a life-threatening attack.  This forced our competitors (NRA, USCCA, etc.) and now CCW Safe to comply with the new regulations and requests to stop business in their state.  Although, CCW Safe is not an insurance company, and did not (like our competitors) partner with traditional insurance companies to sell insurance policies; we are not going to sell plans to permit holders or gun owners in that state any longer.  You, as voters of your state, have to take up the fight and use your voting powers to get things changed.   

Our only exception is those that fall under federal guidelines of the following House Bill (HR218) "Law Enforcement Officers Safety Act" that allows police officers to carry nationally under federal authority.  We will only cover law enforcement for their off-duty incidents and those out of state where it is recognized coverage (New Jersey and Washington state excluded).  

There are three types of legal actions that can result from a self defense incident. Administrative, Civil or Criminal. First, the most common type of legal action taken against a concealed carrier stemming  from a self defense matter is a criminal action. For these types of legal matters, a judgment means you have been convicted of a criminal offense. This can mean jail or prison time, monetary fines or probation. CCW Safe pays all the legal expenses associated with a criminal defense including lawyers fees, expert witnesses, investigators and other litigation expenses like bond fee, trial support consultants, jury consultants, jury social media investigators, etc. Any fines associated with a criminal conviction have to be borne by the member. The criminal legal standard is beyond a reasonable doubt. This is a very high legal standard.

 

Civil actions are lawsuits filed by a person who alleges negligence or some type of intentional act for which a money judgment is sought. These are filed by Personal Injury lawyers. CCW Safe has membership plans which pay all of the legal expenses like in a criminal action, and some plans which also provide for liability protection for up to $1 million. Civil actions are not as common as criminal actions resulting from a self defense incident, but they do happen. CCW Safe hires civil defense litigation attorneys with vast trial experience in representing defendants in civil matters. This is an entirely different legal practice area compared to criminal defense. Many civil defense plans have limited amounts on the legal fees and expenses. CCW Safe does not. Some plans that do provide civil liability protection reduce the amount of coverage by what is spent in the legal defense. For CCW Safe, the costs are always separate from the civil liability protection. The standard in civil cases is by a preponderance of the evidence. This is often described as 51% and/or as more probably true than not.

 

 

Administrative actions can be brought against your specific concealed carry permit. If you have an incident, the state agency that issues your permit can seek through the administrative law process to revoke or take action on your license. Attorneys for that agency would work as a prosecutor of sorts, and an administrative law judge would hear the evidence and make rulings that would impact your license. For appeals purposes, any ruling would have to go to state District Court where the review standard is arbitrary and capricious, which is a very difficult burden to demonstrate, when appealing the ruling of an administrative law judge.

 

CCW Safe has a litigation management system that is designed to push resources to the member and their trial team. In our experience, this is an investment that results in the best outcomes for our members. When your life or your life’s work is on the line, it is not time to have that protected by the less experienced. At CCW Safe, our National Trial Counsel works with the Claims Committee to oversee the litigation so that we pay for what matters to increase the likelihood of a successful outcome for our member. Our National Trial Counsel is Don West who has tried a tremendous number of criminal jury trials to verdict, including the defense of George Zimmerman in the most famous criminal case of self defense in US History. CCW safe’s General Counsel and co-founder Kyle Sweet, has tried high stakes civil cases defending large corporations, insurance companies and healthcare providers in catastrophic injury cases all over the United States. Selecting, developing and managing complex cases with incredible consequences to those involved is what Mr. West and Mr. Sweet have done for a combined 70 years.

 

CCW Safe, when your life, or your life’s work, is on the line….experience matters.

Church's are required and responsible to cover the actions of those hired or act as their "Agents." If you are acting as an agent for the church, paid or volunteer, then the church would be responsible for covering an incident on their property.  When you are an individual or part of a group that is considered the people to alert or one of the church members to approach to handle suspicious people or handle threats you become part of "Security" even if there is no official title for that position but you take on the responsibility.  This is not to discourage what you are doing. It’s a great thing!  The church just needs to pay for the aftermath and legal consequences of the defensive shooting.  If this is not worked out by the church and individual/group that takes on this responsibility you will be left to foot the bill. 

CCW Safe only has one membership plan that covers an incident for those that volunteer as part of a church security team and that is the "Ultimate plan" under a "Special Benefit" allowed for that membership plan only.  All other permit plan and non-permit plans are excluded.  This is not to say that a member within their legal rights to defend their life or others, not part of a volunteer church security team, wouldn't be covered.  Only those who are knowingly taking on the position or responsibilites as part of a response team to handle threats on church grounds would be required to upgrade to the Ultimate plan for coverage.  

Remember:

The coverage of "on-duty" incidents is listed as an exclusion in the terms of service to include paid or volunteer church security teams. For this reason a compromise by CCW Safe and our Captive Insurance managers wheras it is agreed to allow exception for the one plan (Ultimate Plan).  The Ultimate Plan has a built-in civil liability coverage for one million dollars that cannot be dropped bythe member as part of an add-on options as can be done in the other plans (Defender and Protector).  This would provide the proper coverage for a position that would normally be required to have insurance, bonding and licensing by the organization for the person acting as an agent (defending those in a security response role).

This coverage is for OFF-Duty incidents where the member is not performing any security type functions for pay or volunteer services where he/she is protecting a location, person or property.  To qualify for the LE plan, you must be a commissioned peace officer, local, state or federal, with the full-time powers of arrest and the ability to carry a firearm under your commissioned status 24/7.  Those active officers are only covered for off-duty self-defense incidents in response to a life threatening attack.  Active officers must place the information of their agency state, name of agency and their commission/badge number in the space provided on the website for "permit/license and HR218" information.   

If retired LE, you must be considered a qualified law enforcement officer under the federal definition (see below) and be able to show support documentation and be carrying under LEOSA (HR218) or with a CCW permit. 

The following occupations DO NOT qualify for the plan and must join under the standard plan include: EMTs, Firemen, Emergency workers that are not LE, Correction Officers (that are not under LEOSA), Security guards, Paid or Volunteer Security officers, Bond Agents, Body Guards, Firearms Instructors, or any other person that does not fall under the definition of "Qualified law enforcement officer" through federal LEOSA guidelines.

We are all former LEOs.  You will need to Place in the designated fields "State", “CCW License” and “HR218” any information that shows your status and send a copy of retired ID to support@ccwsafe.com for verification of status.


Information needed:

[STATE RETIRED FROM] for “state"

[NAME OF AGENCY] for “CCW License”

[BADGE NUMBER or COMMISSION NUMBER] for “HR218”


Please know that those carrying under HR218 must be active LEO or meet the definition of "Qualified Retired Law Enforcement Officers" under the LEOSA requirements.  The restrictions (those who are not covered) are listed in the terms of service under "Restrictions..."

In 18 USC § 926B(c),[10] "qualified law enforcement officer" is defined as any individual employed by a governmental agency, who:

  1. is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and [sic?] has statutory powers of arrest, or apprehension under section 807(b) of title 10, United States Code (article 7(b) of the Uniform Code of Military Justice); This includes state and public college/university police officers.
  2. is authorized by the agency to carry a firearm;
  3. is not the subject of any disciplinary action by the agency which could result in suspension or loss of police powers;
  4. meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;
  5. is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and
  6. is not prohibited by Federal law from receiving a firearm.

Additionally, 18 USC § 926B requires that the individual must carry photographic identification issued by the governmental agency for which the individual is employed that identifies the employee as a police officer or law enforcement officer of the agency.

On-duty status determines LEOSA-eligibility.[dubious ] Thus, as long as the person meets the definition of "qualified law enforcement officer" in an on-duty capacity, whether an officer is a full-time, part-time, auxiliary, or reserve peace officer is not relevant in determining whether a person is a "qualified law enforcement officer" under LEOSA. LEOSA's definition of "qualified law enforcement officer" does not include a requirement that a person have law enforcement authority off-duty.[19][20][21]

A “Recognized Self-Defense Use of Force Incident” is an incident where force is used pursuant to a reasonable belief that use of deadly force is necessary to protect from imminent danger of death or great bodily harm.  This includes any necessary force with all legal weapons and physical force to defend against a life-threatening attack in self-defense.

These are sometines referred to as a "Critical Incidents" within our organization and DOES NOT include mutual combat incidents (fist fights, etc.) or where the member is the aggressor in the role of the assailant; although all incidents or request for services shall be reviewed by the Claims Committee on an individual basis for determination.

Restrictions:

OUTSIDE SCOPE OF COVERAGE: CCW Safe will not provide the services for any incident or event that is not a "Recognized Self-Defense Use of Force Incident" which includes but not limited to, an Arrest or Administrative action that does not follow a Self-Defense Incident, TSA Security Violation with a weapon, Entering a property where it is a misdemeanor or felony to possess a firearm, use of a stolen or criminally altered firearm, and any incident before becoming a member of CCW Safe or proceedings that follows such incident that occurs prior to joining as a member.  No funding, legal or company resources shall be provided for any incident outside the scope of coverage. 

CRIMINAL ACTS: CCW Safe will not provide the services if the use of force incident is an intentional criminal act (i.e. robbery) or where there is no admissible evidence of self-defense. Will not provide the services for a firearms response, if in a place where it is a misdemeanor or felony to possess a firearm or prohibited by the property owner (although all other legal weapons shall be covered). 

ACCIDENTAL DISCHARGE: CCW Safe will not provide the services if the incident is unintentional and considered an “Accidental Discharge”.  This includes the unintentional use of any other legal weapon or force.

SUBSTANCES THAT ALTER JUDGMENT: CCW Safe will not provide the services if, at the time of a use of force incident, you are impaired in public or private property not of your own, by the use of alcohol, or controlled substances, or prescribed medication that alters judgment, or in any location you are in violation of state law or regulation concerning alcohol and drug use while in the possession of a firearm.  This restriction is specific to any public place or private property not of your own. 

DOMESTIC RELATIONSHIPS: CCW Safe will not provide the services for any domestic violence incident, criminal investigation, or prosecution arising from a use of force incident involving you and a current or former member of the household, including, but not limited to, a spouse, former spouse, adult or minor child, or involving those in a current or former dating relationship as defined in applicable state law. 

INVALID PERMITS AND DISQUALIFICATION: CCW Safe will not provide the services if you no longer hold a valid concealed weapons permit, fail to qualify through LEOSA for law enforcement officers, fail to provide and maintain accurate and truthful information on any CCW Safe application, become subject to a condition which would preclude or disqualify you from holding a valid concealed weapons permit, or are otherwise no longer in good standing with CCW Safe. 

Am I covered in the Gun Free Zones...

It will depend on your state as to what the “No Guns" signs mean.  Our coverage requires you to follow the law where you carry.  The obvious is not being involved in criminal acts (robbery, etc.), not being in possession of an illegal firearm or weapon, and not being in possession of a firearm as a prohibited person.  This also includes carrying a firearm legally and not in a place where it is a felony or misdemeanor crime to simply possess a firearm or carry a firearm in that place by Federal or State law (Federal buildings, large arenas, schools, banks, etc.).  The question always comes up about challenging "No Gun Signs" or "Gun Free Zones".  Each state has different laws so please know the law in your state.


CCW Safe has a restriction of service where to have coverage you must not be in a place (private property not of your own) where you are trespassing.  In the case of "No Gun signs" we suggest to avoid challenging the business that has one putting yourself in a position to possibly be charged without being involved in a use of force; as that would be outside of your coverage and the consequences and financial responsibility of that arrest would be on the member.  


If you are in a state which allows the business (restaurant, etc) to place a sign at the entrance yet a representative has to tell you to leave the premises or be arrested for trespassing (if someone identifies you have a concealed firearm) you will be covered if there is the need to respond in self defense for you or another in defense of a life threatening incident ONLY if you are not told to leave or If you agree to leave and have the worst-case scenario and have to defend your life or that of another, as you are leaving, you would be covered.  If you are told to leave and refuse then you are accepting the trespassing charge and you will not be covered if an incident occurs following your refusal to leave and acceptance of the misdemeanor charge of trespassing. 


Please remember we are not an organization to be used for political challenges of the law so if you choose to challenge a sign that is off by the measurements and/or display as it should be by law and your challenge results in you being jailed it is your financial responsibility for the consequences of your actions.  We defend those involved in a self-defense shooting not simple gun charges.  


Like any other similar company we have a claims process. We do not deny many claims without cause. In our experience people who get a permit, seek training, and buy coverage are responsible and make informed decisions. So we would need the applicable law and all the facts of the case to make a decision. The sign may or may not have a significant bearing on the decision.

CCW Safe members are covered for any legitimate self defense use of force, whether that is by defending yourself with a firearm, or other weapons, or bare hands.  A legitimate self defense incident means that you had no other options but to use force, and that you did not provoke an attack.  We do not cover fist fights that could have been avoided.  CCW Safe was designed to cover catastrophic self defense cases where you are attacked and your life is in danger.  To learn how to mitigate your risk, please subscribe to our newsletter, and check out our news section for indepth articles on how to survive self defense incidents physically, emotionally, and financially.  

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