From Behind the Holster, the Concealed Coalition podcast. Hosted by Jody Picou and Matt Wheeler.
Most concealed carriers spend their time thinking about what to do during a self-defense situation. Almost none think carefully about what happens after. If you want to be a truly prepared carrier, that’s the conversation you need to have — and it’s exactly what Jody Picou and Matt Wheeler cover in this episode.
Is the Legal Justice System Designed for the Good Guy?
The short answer, according to Matt Wheeler, is no. And the explanation starts more than 260 years ago.
The entire foundation of American criminal law is built on Blackstone’s formulation — a principle articulated in the 1760s stating that it is better for ten guilty people to go free than for one innocent person to be wrongfully convicted. Ben Franklin took it further: a hundred, or even a thousand. The phrase most people know today is “presumption of innocence,” and in the vast majority of criminal cases, that principle holds.
Self-defense cases are the exception. And the reason is structural, not arbitrary.
What Happens to You the Moment You Act in Self-Defense?
The moment you fire your weapon in self-defense, you have committed a crime. That is not a matter of opinion — it is the legal reality. Homicide, assault, attempted homicide: depending on the circumstances, one of these applies to what you just did.
To prosecute, the state needs two things. First, proof a crime occurred. The presence of a person with a bullet hole in them is, in Matt’s words, all they need. Second, proof you were the one who committed it. In a self-defense case, you are almost certainly not denying that. You defended yourself — and you are likely going to say so.
As Matt puts it, you are handing the state their burden of proof on a silver platter.
This is the core of what Jody and Matt describe as the “guilty until proven innocent” reality of self-defense law. The state doesn’t have to prove you’re guilty. You have to prove — beyond a reasonable doubt, to a jury — that you had no other choice.
How Does Jury Selection Work Against Concealed Carriers?
Matt Wheeler has asked the same question in front of thousands of concealed carry students: who thinks it’s better to shoot someone in the leg rather than center mass? At least a quarter to half of every class raises their hand.
Those are people who believe in the right to self-defense strongly enough to take a concealed carry class. The broader jury pool is a different calculation. It includes people with no prior exposure to firearms training, people who may have personal reasons to distrust gun ownership, and — at the other extreme — people with an inflated sense of what a carrier should have done differently.
Understanding who might be in that box of twelve, and how their experiences could shape their interpretation of your actions, is something most carriers never consider — but every carrier should.
Does the State You’re In Change Your Legal Exposure?
Significantly. The difference between duty to retreat and stand your ground laws can determine how much you’re required to prove and what the jury is instructed to weigh. In a duty to retreat state, the jury may be asked to consider whether you could have safely left before using force. In a stand your ground state, that obligation generally doesn’t apply.Before you travel with your firearm — or carry in a state you’re not familiar with — check current reciprocity and local laws and verify against your state’s official .gov resources.
What Is the Civil Liability Risk After a Self-Defense Shooting?
Jody estimates that over 40 million civil lawsuits are filed in the United States every year, and argues that virtually every self-defense incident carries civil liability on the back end — regardless of how the criminal case resolves.
Matt adds a distinction that most people don’t understand: the purpose of a civil lawsuit in these situations is not to win. It’s to force a settlement. A number of states have passed laws limiting civil judgments against defendants found not guilty in self-defense cases — but as Matt explains, those laws only prevent a judgment from being entered. They do not prevent the lawsuit from being filed.Jody’s recommendation: have legal protection in place before you ever need it. Find a class near you to understand what that protection should look like in your state.
Frequently Asked Questions
Is self-defense legal if someone breaks into your home?
It depends entirely on the state. Stand your ground states generally do not require you to retreat before using force in your home. Duty to retreat states may require you to establish that retreat wasn’t possible. Knowing the laws in your state — and any state you travel through — is essential before you carry.
Does acting in self-defense mean you won’t be prosecuted?
No. Every act of self-defense is technically the commission of a crime — homicide, assault, or attempted homicide, depending on what occurred. The claim of self-defense is what you use to justify that act in court, but prosecution can and does proceed regardless of the circumstances.
What is Blackstone’s formulation and why does it matter for self-defense?
Blackstone’s formulation is the principle underlying American criminal law: it is better for ten guilty people to go free than for one innocent person to be wrongfully convicted. In self-defense cases, this principle works against the carrier — because self-defense is a claim the defendant must prove, not an assumption the state must disprove.
Can you still be sued after being found not guilty in a self-defense case?
Yes. A not-guilty criminal verdict does not prevent a civil lawsuit from being filed. Some states have passed laws limiting civil judgments against defendants acquitted in self-defense cases — but those laws prevent a judgment from being entered, not the suit from proceeding. The goal of a civil lawsuit in these situations is frequently to force a settlement, not to win at trial.
What is the difference between duty to retreat and stand your ground?
Duty to retreat requires that you establish you could not safely leave before using force. Stand your ground removes that obligation — you are not required to retreat before defending yourself if you have a legal right to be where you are. Which law applies depends on the state you’re in, and it can significantly affect what a jury is instructed to consider.
What is legal protection for concealed carriers and do I need it?
Legal protection programs provide prepaid legal defense coverage in the event you are involved in a self-defense incident. Given that criminal prosecution and civil lawsuits can both follow a justified self-defense shooting — regardless of outcome — Jody’s position is that carrying without legal protection is carrying without a complete plan.
Where can I find concealed carry training near me?
Concealed Coalition works with a nationwide network of certified instructors. Find a class in your area here.
Conclusion
The legal justice system was built to investigate and convict criminals — not to protect the good guy who had no other option. Understanding that reality before you carry isn’t pessimism. It’s preparation. The burden of proof, the jury pool, civil liability, and the state you’re in all shape what happens after a self-defense incident — and all of it starts the moment you act, not the moment you walk into court.
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