I live in a restrictive state (like CA or NY). I defended my home with an AR-15 that had a “standard capacity” magazine and a “pistol grip” (features banned in my state). I stopped the intruder, but now I’m charged with “Possession of an Assault Weapon.” My insurance company is hesitating.
Key Takeaways
- The “Illegal Act” Loophole: Insurance covers legal self-defense. If the weapon itself is illegal contraband, the insurer can deny coverage for the entire incident, arguing that the act was committed during the commission of a crime (possession).
- Mixed Results from Providers:
- US Law Shield: Generally defends the weapon charge too (check state specifics).
- USCCA: Historically tougher on “Criminal Acts,” but 2026 policies often allow coverage if the use of force was justified, even if the weapon was non-compliant.
- Self-Defense Justification: In court, justified self-defense is usually a defense against the shooting, but not against the possession charge. You might win the murder rap but go to jail for the magazine.
- Confiscation: You will never get that gun back.
The “Why” (The Trap)
The trap is “Clean Hands.”
To claim equity (insurance protection), you must come with clean hands. Possessing an illegal weapon dirties your hands legally. The prosecutor will argue you were a “criminal waiting for an opportunity.”
The Investigation (I Read the Exclusions)
I checked the “Criminal Acts” exclusions.
US Law Shield
- Policy: Covers “Any Legal Weapon.”
- Nuance: If the weapon is illegal, is it covered? Their attorneys typically argue that possession is a separate charge, and they defend all charges arising from the incident.
CCW Safe
- Policy: “We will provide defense… unless the member is in the commission of a crime.”
- Nuance: They usually stand by the member if the self-defense was pure. They handle the “weapon charge” as part of the defense strategy.
Comparison Table
| Charge | Defense Probability | Outcome |
| Murder / Manslaughter | High (If justified) | Acquittal |
| Illegal Possession | Medium (Depends on provider) | Plea Deal / Fine |
| Civil Suit | High | Defense provided |
Step-by-Step Action Plan
- Know Your State: If you are in CA/NY/NJ, do not give them an easy win. Use a compliant weapon for defense if possible.
- Don’t Talk: When police ask “Is this a pre-ban mag?”, say “I want my lawyer.” Do not admit to manufacturing or importing it.
- Scrub Social Media: Prosecutors look for photos of you bragging about your “non-compliant” builds. Delete them.
FAQ
Does the ‘Castle Doctrine’ save me?
Castle Doctrine removes the duty to retreat. It does not legalize banned weapons.
Will they deny bail?
Likely, if you possess “Assault Weapons” in a strict state.