Search found 711 matches

by thetexan
Sat Mar 25, 2017 11:05 pm
Forum: General Texas CHL Discussion
Topic: What would you do?
Replies: 44
Views: 4815

What would you do?

As you pull into your driveway during the day you notice a person coming out of your garage. You stop and get out and pull gun and tell him to freeze which he does. You call the police and they are on their way. The intruder then decides to casually start to walk away disputed the fact that you are ...
by thetexan
Thu Mar 23, 2017 8:49 pm
Forum: General Texas CHL Discussion
Topic: Penal Code-Deadly Force on 06/07 Property
Replies: 29
Views: 2420

Re: Penal Code-Deadly Force on 06/07 Property

Any time the subject of the imputed presumption of reasonableness is discussed in the statute or when I have mentioned it.....and I have explained this many times before....it means that, assuming that you meet the disqualification, your belief WILL NOT be presumed as reasonable. This is not to say ...
by thetexan
Wed Mar 22, 2017 7:09 pm
Forum: General Texas CHL Discussion
Topic: Penal Code-Deadly Force on 06/07 Property
Replies: 29
Views: 2420

Re: Penal Code-Deadly Force on 06/07 Property

Here is my point The rule states that if you do not do a, b, and c then you do not have to do d. So when do you have to do d? And what can we deduce from the previous statement? Whatever triggers d is not a, b, or c. Something either triggers d or d can not be triggered by anything. What we do know ...
by thetexan
Wed Mar 22, 2017 4:51 pm
Forum: General Texas CHL Discussion
Topic: Penal Code-Deadly Force on 06/07 Property
Replies: 29
Views: 2420

Re: Penal Code-Deadly Force on 06/07 Property

...that one IS REQUIRED to retreat before using deadly force if one is committing one of the listed conditions, namely, criminality, provocation, and trespass and one does not retreat BEFORE using the deadly force. This is in keeping with the centuries old doctrine of duty to retreat and its associ...
by thetexan
Wed Mar 22, 2017 3:13 pm
Forum: General Texas CHL Discussion
Topic: Penal Code-Deadly Force on 06/07 Property
Replies: 29
Views: 2420

Re: Penal Code-Deadly Force on 06/07 Property

You are correct. You don't HAVE to retreat. You can stand there and let him beat you to death. One can infer from the inverse of the statement... "A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is u...
by thetexan
Wed Mar 22, 2017 12:13 pm
Forum: General Texas CHL Discussion
Topic: Penal Code-Deadly Force on 06/07 Property
Replies: 29
Views: 2420

Re: Penal Code-Deadly Force on 06/07 Property

This doesn't answer the question, but a couple of points: 1. Carrying past an 06 sign isn't "trespassing." It's "carrying past an 06 sign." 2. No prepaid legal service on the planet will assist you if you use your firearm while carrying illegally. You would be totally on your own. Incorrect. The mo...
by thetexan
Wed Mar 22, 2017 11:49 am
Forum: General Texas CHL Discussion
Topic: Rodeo Situation
Replies: 6
Views: 1007

Re: Rodeo Situation

Why was it improper?

You didn't say what the occasion or venue was. Were guns prohibited?

tex
by thetexan
Wed Mar 22, 2017 11:46 am
Forum: General Texas CHL Discussion
Topic: Class A or Class C ?
Replies: 14
Views: 1304

Re: Class A or Class C ?

A hospital is not, I repeat IS NOT, off limits automatically. Read paragraph 46.035(i). Such a hospital requires 30.06 or 30.07 notification to prohibit LTC carry. And that means compliant notification, not gun-buster signs. The exception would be if the hospital is a medical school hospital (I pres...
by thetexan
Tue Mar 14, 2017 2:19 pm
Forum: General Texas CHL Discussion
Topic: Help with a rule please
Replies: 50
Views: 5028

Re: Help with a rule please

I think there's an exception for that. Oh yeah, here it is.... 47.01 MOTHER'S IN LAW, BOYFRIENDS AND OTHER IRRITATING PEOPLE b4. A person commits an offense if he allows any boyfriend, suitor, creep, or son-in-law wannabe into his occupied domicile while not cleaning his firearm, counting or polishi...
by thetexan
Mon Mar 13, 2017 2:00 pm
Forum: General Texas CHL Discussion
Topic: Racetrack Definition
Replies: 36
Views: 3991

Re: Racetrack Definition

I'm thinking you could argue that Racetrack seating is part of a "building" by the PC Chapter 30 meaning. The Racetracks (parimutuel betting tracks, is what they are referring to specifically) that I have been to are similar to stadiums where the seating is "on" a "building" that encloses the betti...
by thetexan
Mon Mar 13, 2017 1:35 pm
Forum: General Texas CHL Discussion
Topic: Racetrack Definition
Replies: 36
Views: 3991

Re: Racetrack Definition

That's not true. There are sectional definitions and global definition which apply to those specific sections or to the whole. In this case there is no global or sectional definition for "building". As per SI the court would first use ordinary meaning and usage absent any legal definition. And in t...
by thetexan
Mon Mar 13, 2017 12:43 pm
Forum: General Texas CHL Discussion
Topic: Racetrack Definition
Replies: 36
Views: 3991

Re: Racetrack Definition

That's not true. There are sectional definitions and global definition which apply to those specific sections or to the whole. In this case there is no global or sectional definition for "building". As per SI the court would first use ordinary meaning and usage absent any legal definition. And in th...
by thetexan
Mon Mar 13, 2017 12:16 pm
Forum: General Texas CHL Discussion
Topic: Force to deadly force when displaying a firearm
Replies: 41
Views: 5098

Re: Force to deadly force when displaying a firearm

There it is. You are absolutely right. I had forgot about that.

Thanks,

tex
by thetexan
Mon Mar 13, 2017 11:39 am
Forum: General Texas CHL Discussion
Topic: Racetrack Definition
Replies: 36
Views: 3991

Re: Racetrack Definition

Sec. 30.01. DEFINITIONS. In this chapter: (2) "Building" means any enclosed structure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use. Chapter 30 deals with BURGLARY AND CRIMINAL TRESPASS. All of the definitions in 30.01 pertain to the rule...
by thetexan
Mon Mar 13, 2017 10:44 am
Forum: General Texas CHL Discussion
Topic: Force to deadly force when displaying a firearm
Replies: 41
Views: 5098

Re: Force to deadly force when displaying a firearm

I've been doing a lot of thinking about carrying regularly and have some questions that keep coming up for me that I'd appreciate any insight into. The main one is about what would happen if I had to brandish a gun in various circumstances. My understanding in Texas is that one can lawfully display...

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