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Lawsuit Option?? Any thoughts??
Posted: Mon Oct 19, 2009 10:40 pm
by hbkkicker
Ok, so here is my question that I was thinking about. I have been waiting over 90 days for my CHL to arrive and have not received anything from the DPS stating why they have past their 60 day requirements. What if I was out shopping (without my weapon because I still have not received my CHL) and I am mugged, attempt to defend myself (once again without my weapon) and during my self defense am killed. If this occured, wouldnt my family be able to sue the DPS now for not following their own requirements of 60 days if it could be proven in court that if I had my gun I could have defended myself? Just a thought I have pondered during my very LONG wait for my plastic to arrive!
Re: Lawsuit Option?? Any thoughts??
Posted: Mon Oct 19, 2009 10:48 pm
by USA1
its just my opinion that even if you had a gun , there's no guarantee it would have saved your life .
i personally don't think a lawsuit would get very far .
Re: Lawsuit Option?? Any thoughts??
Posted: Mon Oct 19, 2009 10:49 pm
by surprise_i'm_armed
Save your lawyer money for another gun or more ammo. IMHO.
SIA
Re: Lawsuit Option?? Any thoughts??
Posted: Mon Oct 19, 2009 10:53 pm
by Carrots
surprise_i'm_armed wrote:Save your lawyer money for another gun or more ammo. IMHO.
SIA
Yep, even dead men need firearms. Did you read the OP?
Re: Lawsuit Option?? Any thoughts??
Posted: Wed Oct 28, 2009 5:15 pm
by BradGroux
"Reasonable Doubt" plays a huge role in the courtroom, and as USA1 states just because you have a weapon doesn't mean that without a doubt you would have been able to successfully defend yourself. Your family would also be suing the state who has huge pockets and the ability to slow the litigation process down to a crawl. I'm not sure the risk of losing the case and thousands in legal fees would be worth the risk of maybe getting financial awards.
And your wait is nothing, I had over six months from the first time I sent my packet in until I was plastic in hand =)
Re: Lawsuit Option?? Any thoughts??
Posted: Wed Oct 28, 2009 5:21 pm
by joe817
My gosh BradGroux, that WAS a lonnnnggggggg wait!! Phew. Well I'm glad you have it now, and super congrats!
Re: Lawsuit Option?? Any thoughts??
Posted: Wed Oct 28, 2009 9:12 pm
by ELB
Given that the SCOTUS has ruled numerous times that the government -- local, state, or federal -- has no duty to protect any individual member of the public*, I expect any attempt to sue because you weren't provided a CHL would be immediately dismissed.
*unless a "special relationship" exists with the government, such as person held in custody or in jail/prison. Court orders, protective orders, etc do not provide a "special relationship."