Use of weapon without chl

[Odinvalknir]

I apologize in advance for long post. I probably could have asked these questions in a shorter way but here it is.




So in Texas, it is legal to carry a loaded firearm in your vehicle even without a CHL. I believe this is correct but if I'm wrong please correct me. But my question is saying you are driving around, and again you don't have a license to carry concealed, but you nonetheless have a firearm in your vehicle. My example is I carry a loaded handgun in my vehicle because I'm in some fairly Shady parts of Houston for work from time to time. Say I pull up to a gas station or some other public area and a bad guy with a gun is doing something bad guys do. Without having my concealed carry license am I permitted to use deadly force to stop said bad guy with a gun? If the bad guy is putting people's lives in danger or brandishing his firearm and or actually shooting people, can I use my weapon against him? Or another question if I don't have a concealed carry license and somebody runs up on my vehicle and intended to do me harm can I brandish my firearm whether I use it or not is a different story but I'm just curious as to the law against stuff like that.

[Soccerdad1995]

So in Texas, it is legal to carry a loaded firearm in your vehicle even without a CHL. I believe this is correct but if I'm wrong please correct me.

That is correct

But my question is saying you are driving around, and again you don't have a license to carry concealed, but you nonetheless have a firearm in your vehicle. My example is I carry a loaded handgun in my vehicle because I'm in some fairly Shady parts of Houston for work from time to time. Say I pull up to a gas station or some other public area and a bad guy with a gun is doing something bad guys do. Without having my concealed carry license am I permitted to use deadly force to stop said bad guy with a gun?

Yes. If you are otherwise authorized to use deadly force. Having or not having an LTC does not change this. In fact, having an LTC may limit you in specific cases where you would need to enter a 30.06 restricted location to stop the BG. I say "may" because you would have a defense to prosecution on the 30-06 violation due to necessity, but my point is that you have less legal restriction in that specific case if you DO NOT have an LTC.

If the bad guy is putting people's lives in danger or brandishing his firearm and or actually shooting people, can I use my weapon against him?

If the BG is just displaying his firearm, this may not justify the use of deadly force ("brandishing" has no meaning in Texas law). You need to be sure the BG is actually committing a crime that justifies the use of deadly force. You don't want to shoot some guy who is showing his new gun to his friends....

Or another question if I don't have a concealed carry license and somebody runs up on my vehicle and intense do me harm can I brandish my firearm whether I use it or not is a different story but I'm just curious as to the law against stuff like that.

Again, "brandishing" has no meaning in Texas law. But the requirements for the threat of deadly force by you are essentially the same as the requirements for your use of deadly force. In other words, you can point your gun at a BG if you would be justified in shooting him / her. It is the same story, legally.

[Odinvalknir]

Okay that was essentially my question I guess I used the word brandishing poorly. I realize somebody who is just showing is gone to a friend is one thing, but somebody was waving it around and pointing it at people and giving them commands is more what I meant. So if somebody is pointing their weapon in a threatening manner but has not actually pull the trigger is what I meant more by brandishing. Still showing the weapon with deadly intent I guess is what I meant. Then I would have recourse to take action and at least attempt to stop said BG but not actually take action unless I was fired upon I guess. Obviously I'm not going around looking for a fight, I just wondered what the legal side of it would be if without a CHL I was in a position to help simply because I was there and had my firearm in the vehicle.

[Beiruty]

Even when you do not have a CHL now called LTC, it is great idea to learn and study the LTC Booklet about the laws of firearms and the use of deadly force.
Here it is and start reading as soon as you can. If you have questions, we are all eyes

https://www.dps.texas.gov/InternetForms ... LTC-16.pdf

[Odinvalknir]

Awesome, thank you I will start reading on my lunch break. I plan to get my CHL pretty soon I have just not decided on where I want to take the class, some places are cheaper than others and just want to find a good place it's not terribly expensive. If anyone knows of places around the southside of Houston feel free to clue me in. But I will start reading that handbook immediately thanks a lot.

[Pawpaw]

In that LTC-16 booklet, you will find this:

PC §9.22. NECESSITY.
Conduct is justified if:
(1) the actor reasonably believes the conduct is immediately necessary to avoid imminent harm;
(2) the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the law proscribing the conduct; and
(3) a legislative purpose to exclude the justification claimed for the conduct does not otherwise plainly appear.

[bblhd672]

Awesome, thank you I will start reading on my lunch break. I plan to get my CHL pretty soon I have just not decided on where I want to take the class, some places are cheaper than others and just want to find a good place it's not terribly expensive. If anyone knows of places around the southside of Houston feel free to clue me in. But I will start reading that handbook immediately thanks a lot.

I don't know what he charges for his LTC class, but I doubt you'd find better class in south Houston than Charles Cotton's in Friendswood.

[oljames3]

I apologize in advance for long post. I probably could have asked these questions in a shorter way but here it is.

So in Texas, it is legal to carry a loaded firearm in your vehicle even without a CHL. I believe this is correct but if I'm wrong please correct me. But my question is saying you are driving around, and again you don't have a license to carry concealed, but you nonetheless have a firearm in your vehicle. My example is I carry a loaded handgun in my vehicle because I'm in some fairly Shady parts of Houston for work from time to time. Say I pull up to a gas station or some other public area and a bad guy with a gun is doing something bad guys do. Without having my concealed carry license am I permitted to use deadly force to stop said bad guy with a gun? If the bad guy is putting people's lives in danger or brandishing his firearm and or actually shooting people, can I use my weapon against him? Or another question if I don't have a concealed carry license and somebody runs up on my vehicle and intended to do me harm can I brandish my firearm whether I use it or not is a different story but I'm just curious as to the law against stuff like that.

If you are not otherwise prohibited from possessing a firearm, you can have a firearm, concealed, in your car. See Texas Penal Code section 46.02, as a starting point. You should just go ahead and get your License To Carry a handgun.

The Department of Public Safety publishes a compilation of Texas laws pertaining to carrying and self defense:
http://www.dps.texas.gov/InternetForms/Forms/LTC-16.pdf

Ultimately, this is a question for a lawyer such as this:
https://saputo.law/texas-criminal-law/d ... -in-texas/

[Odinvalknir]

Awesome, thank you I will start reading on my lunch break. I plan to get my CHL pretty soon I have just not decided on where I want to take the class, some places are cheaper than others and just want to find a good place it's not terribly expensive. If anyone knows of places around the southside of Houston feel free to clue me in. But I will start reading that handbook immediately thanks a lot.

I don't know what he charges for his LTC class, but I doubt you'd find better class in south Houston than Charles Cotton's in Friendswood.

Awesome, thank you I will start reading on my lunch break. I plan to get my CHL pretty soon I have just not decided on where I want to take the class, some places are cheaper than others and just want to find a good place it's not terribly expensive. If anyone knows of places around the southside of Houston feel free to clue me in. But I will start reading that handbook immediately thanks a lot.

I don't know what he charges for his LTC class, but I doubt you'd find better class in south Houston than Charles Cotton's in Friendswood.

I think I know who you are talking about, I lived in Friendswood for 20 some odd years. I will look into it thanks.

[bblhd672]

I think I know who you are talking about, I lived in Friendswood for 20 some odd years. I will look into it thanks.

He shouldn't be hard to find, he owns this forum!

http://texaschlforum.com/memberlist.php ... rofile&u=3

[oljames3]

I live near Austin. I took my father and youngest brother to Friendswood so they could take Charles Cotton's LTC class at the PSC Shooting Club.
http://www.psc-range.com/

Charles' next class is 7 APR 18.
https://calendar.google.com/calendar/ev ... ca/Chicago

[Odinvalknir]

I think I know who you are talking about, I lived in Friendswood for 20 some odd years. I will look into it thanks.

He shouldn't be hard to find, he owns this forum!

http://texaschlforum.com/memberlist.php ... rofile&u=3

When I was 14 or so, I worked at that range on the weekends. Me and a few others would run out down range and set up the targets after they knocked em down. Range master would call safe, and we would go out and pick up the iron targets. I know exactly who you're talking about now lol.

[Odinvalknir]

Those are good laws and standards of conduct for people with A LTC though. Do the same rules apply to just your average non CCL citizen who happens to have a firearm in their vehicle or about their person legally?

[Pawpaw]

Those are good laws and standards of conduct for people with A LTC though. Do the same rules apply to just your average non CCL citizen who happens to have a firearm in their vehicle or about their person legally?

Your original post and the thread title both specify, "without chl". Every answer you've been given in this thread fits the question you asked.

99% of the information in the CHL-16 applies to anyone, regardless of license status.

Stop trying to make this hard... it's not.