Scenario question

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Scenario question

Postby Morgan » Fri Dec 07, 2012 7:36 am

You are an employee at a business that is 30.06 posted. You have your gun in your car. A bad guy comes in with a gun and you escape out the back. You return with your gun to defend your coworkers.

Regardless of the wisdom of this action, regardless of anything about how your company may fire you, would this be a violation of the 30.06? Or is the defense of another an exception to prosecution?

Would an employee handbook which states "no fire arms on premises" be sufficient to criminally trespass that employee in this circumstance?
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Re: Scenario question

Postby Jumping Frog » Fri Dec 07, 2012 7:42 am

Neccessity. That's the defense. I can't link or quote from my phone, but look it up in your copy of CHL-16.pdf.
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Re: Scenario question

Postby Morgan » Fri Dec 07, 2012 7:50 am

Thanks, I knew that was somewhere I wasn't finding!
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Re: Scenario question

Postby longtooth » Fri Dec 07, 2012 7:52 am

Jumping Frog wrote:Neccessity. That's the defense. I can't link or quote from my phone, but look it up in your copy of CHL-16.pdf.


Frog is correct. 9.22 I dont have time to get the page # in Penal Code.
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Re: Scenario question

Postby Morgan » Fri Dec 07, 2012 8:02 am

It's page 58 if anyone reads this and is wondering. Thanks guys.
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Re: Scenario question

Postby Kythas » Sat Dec 08, 2012 12:44 pm

Unless you work for Auto Zone. If you do exactly this, you'll get fired due to their "no tolerance" policy on employees with firearms on company property.

http://www.cbsnews.com/video/watch/?id=50136652n
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Re: Scenario question

Postby nightmare » Sat Dec 08, 2012 1:03 pm

That's a good reminder 9.22 applies to criminal prosecution, not to employer policy.
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Re: Scenario question

Postby philip964 » Sat Dec 08, 2012 1:10 pm

Depends how large the company is. If it is a small company and you save the owner's life you will probably not be fired. If it is a large national company and you save your bosses life, you will probably be fired.
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Re: Scenario question

Postby Morgan » Sat Dec 08, 2012 4:05 pm

Yeah, depending on the company, it is what it is.... I was curious about the legal issues. I mean, Texas, being a right to work state, can fire you for any cause or no cause to a large degree.

I was in a discussion with a fella on another forum who insisted that you'd be in trouble for this "anywhere" and I simply said, "Not in Texas, and not in a lot of other places."
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Re: Scenario question

Postby alvins » Sat Dec 08, 2012 5:49 pm

If i could get out of the building. im not going to run back in with my gun period. I would call 911 and be a good witness, im not risking my life like that.

Now if he came out and I had a good shot at him i would take it.
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Re: Scenario question

Postby WildBill » Sat Dec 08, 2012 6:05 pm

I think some of this would depend on how well you liked your boss.
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Re: Scenario question

Postby emcee rib » Sat Dec 08, 2012 6:51 pm

WildBill wrote:I think some of this would depend on how well you liked your boss.

Maybe that's a good thing for bosses to remember when raises and promotions are decided this year. :biggrinjester:
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Re: Scenario question

Postby Kythas » Sat Dec 08, 2012 8:24 pm

emcee rib wrote:
WildBill wrote:I think some of this would depend on how well you liked your boss.

Maybe that's a good thing for bosses to remember when raises and promotions are decided this year. :biggrinjester:


What's a raise? I haven't seen one of those in about 5 years now.
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Re: Scenario question

Postby baldeagle » Sat Dec 08, 2012 8:29 pm

alvins wrote:If i could get out of the building. im not going to run back in with my gun period. I would call 911 and be a good witness, im not risking my life like that.

Now if he came out and I had a good shot at him i would take it.

Playing devil's advocate, why would you shoot him them? He posed no threat to you at all at that point.
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Re: Scenario question

Postby Oldgringo » Sat Dec 08, 2012 8:41 pm

WildBill wrote:I think some of this would depend on how well you liked your boss.


...and your job and being free on the weekends.
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