Can I shoot a perpetrator to stop a mass murder?

CHL discussions that do not fit into more specific topics

Moderators: carlson1, Charles L. Cotton

Crash
Senior Member
Posts: 512
Joined: Mon Oct 08, 2007 11:13 pm

Can I shoot a perpetrator to stop a mass murder?

Post by Crash »

Is it legal, in Texas, for a CHL holder to shoot a perpetrator who is in the act of committing mass murder? And, if it is legal, would it be legal to go so far as to shoot him or her in the back to stop the murders?

Crash
JP171
Banned
Posts: 1406
Joined: Tue Apr 05, 2011 5:47 am
Location: San Leon Texas

Re: Can I shoot a perpetrator to stop a mass murder?

Post by JP171 »

I think yes, but you had better be sure cause you Are gonna take a ride
User avatar
ScottDLS
Senior Member
Posts: 5095
Joined: Sun Jun 26, 2005 1:04 am
Location: DFW Area, TX

Re: Can I shoot a perpetrator to stop a mass murder?

Post by ScottDLS »

No. You are required by law to offer the shooter the opportunity to to complete his attack. Only then you may call the police who are the only ones who should have guns anyway. Why are you walking around with a loaded weapon? You WILL take the ride. :rules:
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"
User avatar
ELB
Senior Member
Posts: 8128
Joined: Tue May 22, 2007 9:34 pm
Location: Seguin

Re: Can I shoot a perpetrator to stop a mass murder?

Post by ELB »

Texas Penal Code, Chapter 9, Justification Excluding Criminal Responsibility, Section 9.33, Defense of Third Person:
Sec. 9.33. DEFENSE OF THIRD PERSON. A person is justified in using force or deadly force against another to protect a third person if:

(1) under the circumstances as the actor reasonably believes them to be, the actor would be justified under Section 9.31 or 9.32 in using force or deadly force to protect himself against the unlawful force or unlawful deadly force he reasonably believes to be threatening the third person he seeks to protect; and

(2) the actor reasonably believes that his intervention is immediately necessary to protect the third person.
http://www.statutes.legis.state.tx.us/D ... 9.htm#9.33
USAF 1982-2005
____________
Crash
Senior Member
Posts: 512
Joined: Mon Oct 08, 2007 11:13 pm

Re: Can I shoot a perpetrator to stop a mass murder?

Post by Crash »

ScottDLS,

You are being facetious, right, when you say, "No. You are required by law to offer the shooter the opportunity to to complete his attack. Only then you may call the police who are the only ones who should have guns anyway. Why are you walking around with a loaded weapon? You WILL take the ride."? Do you really think that I am required by law to "offer the shooter the opportunity to complete his attack." And, as I thought I had made clear in my original posting, the question applied to a CHL-holder who certainly has the legal right to "walk around with a loaded gun."

Please tell me that you were not serious....

Crash
User avatar
ScottDLS
Senior Member
Posts: 5095
Joined: Sun Jun 26, 2005 1:04 am
Location: DFW Area, TX

Re: Can I shoot a perpetrator to stop a mass murder?

Post by ScottDLS »

Crash wrote:ScottDLS,

You are being facetious, right, when you say, "No. You are required by law to offer the shooter the opportunity to to complete his attack. Only then you may call the police who are the only ones who should have guns anyway. Why are you walking around with a loaded weapon? You WILL take the ride."? Do you really think that I am required by law to "offer the shooter the opportunity to complete his attack." And, as I thought I had made clear in my original posting, the question applied to a CHL-holder who certainly has the legal right to "walk around with a loaded gun."

Please tell me that you were not serious....

Crash
Stopping mass murder is pretty much the reason that CHL was passed (see Killeen Luby's Masscre). There's a clear justification in the law for use of deadly force to prevent murder. It should be covered in CHL class. I was reacting to contention that you would "take the ride". Of course you would be interviewed by the police if you stopped a mass murder with a handgun, but any prosecutor that would pursued it would probably be lynched. At least in Texas. Maybe in New York they'd indict you for violating the terrorists civil rights. :nono:
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"
User avatar
TVegas
Senior Member
Posts: 212
Joined: Sun Jan 18, 2015 2:18 pm
Location: Magnolia, TX

Re: Can I shoot a perpetrator to stop a mass murder?

Post by TVegas »

Crash wrote:ScottDLS,

You are being facetious, right, when you say, "No. You are required by law to offer the shooter the opportunity to to complete his attack. Only then you may call the police who are the only ones who should have guns anyway. Why are you walking around with a loaded weapon? You WILL take the ride."? Do you really think that I am required by law to "offer the shooter the opportunity to complete his attack." And, as I thought I had made clear in my original posting, the question applied to a CHL-holder who certainly has the legal right to "walk around with a loaded gun."

Please tell me that you were not serious....

Crash
Sarcasm...
:txflag: Thanks and Gig 'em! :thumbs2:
User avatar
mojo84
Senior Member
Posts: 9045
Joined: Tue Jun 21, 2011 4:07 pm
Location: Boerne, TX (Kendall County)

Re: Can I shoot a perpetrator to stop a mass murder?

Post by mojo84 »

Yes, you can use your gun to stop a mass murderer in the act or fleeing.

I also do not believe it's a forgone conclusion you'll "take a ride".
Note: Me sharing a link and information published by others does not constitute my endorsement, agreement, disagreement, my opinion or publishing by me. If you do not like what is contained at a link I share, take it up with the author or publisher of the content.
User avatar
ScottDLS
Senior Member
Posts: 5095
Joined: Sun Jun 26, 2005 1:04 am
Location: DFW Area, TX

Re: Can I shoot a perpetrator to stop a mass murder?

Post by ScottDLS »

AndyC wrote:Someone in the process of committing mass-murder? You shoot him in the back of the head, no warning; it's not a game.
What, no warning shot? Couldn't you try to shoot them in the leg or use a taser or something non-lethal? I carry OC spray for just such a situation. :shock:
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"
User avatar
baldeagle
Senior Member
Posts: 5240
Joined: Tue May 25, 2010 8:26 pm
Location: Richardson, TX

Re: Can I shoot a perpetrator to stop a mass murder?

Post by baldeagle »

AndyC wrote:Someone in the process of committing mass-murder? You shoot him in the back of the head, no warning, and you put him/them down; it's not a game.
:iagree: :iagree: :iagree: :iagree: :iagree:
The Constitution preserves the advantage of being armed which Americans possess over the people of almost every other nation where the governments are afraid to trust the people with arms. James Madison
NRA Life Member Texas Firearms Coalition member
MeMelYup
Senior Member
Posts: 1874
Joined: Mon Nov 15, 2010 3:21 pm

Re: Can I shoot a perpetrator to stop a mass murder?

Post by MeMelYup »

baldeagle wrote:
AndyC wrote:Someone in the process of committing mass-murder? You shoot him in the back of the head, no warning, and you put him/them down; it's not a game.
:iagree: :iagree: :iagree: :iagree: :iagree:
Like
The Wall
Senior Member
Posts: 819
Joined: Thu Mar 26, 2015 10:59 am

Re: Can I shoot a perpetrator to stop a mass murder?

Post by The Wall »

Yes!
jason812
Senior Member
Posts: 1534
Joined: Mon Mar 30, 2015 9:41 pm
Location: Central Texas

Re: Can I shoot a perpetrator to stop a mass murder?

Post by jason812 »

If you have the legal right to use deadly force, it does not matter if the person is facing you or not. It's a myth perpetrated by watching too many westerns.
In certain extreme situations, the law is inadequate. In order to shame its inadequacy, it is necessary to act outside the law to pursue a natural justice.
n5wd
Senior Member
Posts: 1597
Joined: Sat Aug 06, 2011 1:16 am
Location: Ponder, TX

Re: Can I shoot a perpetrator to stop a mass murder?

Post by n5wd »

AndyC wrote:Someone in the process of committing mass-murder? You shoot him in the back of the head, no warning, and you put him/them down; it's not a game.

Back of the head or spine - sometimes going for center mass is good if you aren't up close and personal.
NRA-Life member, NRA Instructor, NRA RSO, TSRA member,
Vietnam (AF) Veteran -- Amateur Extra class amateur radio operator: N5WD

Email: CHL@centurylink.net
Post Reply

Return to “General Texas CHL Discussion”