affirmative defense. (1837) A defendant's assertion of facts and arguments that, if true, will defeat the plaintiff's or prosecution's claim, even if all the allegations in the complaint are true. â€¢ The defendant bears the burden of proving an affirmative defense. Examples of affirmative defenses are duress (in a civil case) and insanity and self-defense (in a criminal case).GooberTim said:The crime of carrying a firearm without a license. It used to be an "affirmative defense" in some circumstances (I think that only applied to concealed carry, but that's water under the bridge now) which meant that any LEO could ask for your permit; upon showing it, you prove that you are legally carrying and you may go about your business (at least until you meet the next LEO, then you had to show him, too).moga said:If an armed citizen possesses a weapon's license, to what crime is the GWL an element? I confess that I've always been confused by the concept of "element of the crime."