Considering getting CHL but...

[Smart]

seems like alot of legal mumbo jumbo to carry. i just give up the wallet and call the bank vs going to court over a murder charge.

I bet the Waco Luby's victims and Virgina Tech students wish they had just lost their wallets.....but I'm odd like that.......

[BmacBmac1]

I bet the Waco Luby's victims and Virgina Tech students wish they had just lost their wallets.....but I'm odd like that.......

So true / So sad!

[snakedaddy]

If you want to carry i would say get your chl to make it legal. I went and took my class and sent in my cash to dps should get back soon.It is worth it. The 10 hours in the class room is brutal

[snakedaddy]

One more thing take class with auto so you will be able to carry both auto/revolver

[Coon]

How is the wait time going these days? Is it still unbelievably long?
Dave

[BmacBmac1]

How is the wait time going these days? Is it still unbelievably long?
Dave

Heard its bout (7-8 ) weeks from mail in date.

[SPUD]

I thought you couldn't carry on school property? Now I'm reading it can be left in the vehicle??

[Outbreaker]

I thought you couldn't carry on school property? Now I'm reading it can be left in the vehicle??

Law change. Does not apply to teacher's.

[huntingfanatic]

I thought you couldn't carry on school property? Now I'm reading it can be left in the vehicle??

Yes school property or premises means the building....not the parking lot, driveway or sidewalk.

[51JeepWillys]

ive had mine going on 8 years and wouldnt have it any other way...

i cant count that high on how many tickets ive gotten out of because of it and how many cops have thanked me for having it.

[canny]

All good points, but I'm surprised that no one stated that it allows you to legally carry during archery season. That was one of my main reasons for getting it since I'm still in college and really dont go to that many places where its legal.

[TxSuperDad]

So we have covered that you can pull your weapon if you "beleave" your in danger.

What about pulling your weapon to stop a general crime or to detain someone until police arrive.

If someone breaks into my truck in a public parking lot can I use my side arm to detain them until police arrive. Or even if it was happening to someone else?

[tvc184]

So we have covered that you can pull your weapon if you "beleave" your in danger.

What about pulling your weapon to stop a general crime or to detain someone until police arrive.

If someone breaks into my truck in a public parking lot can I use my side arm to detain them until police arrive. Or even if it was happening to someone else?

You are speaking of two different issues. The law allows for citizen's arrest in some (but not all) circumstances. The law allows the use of force for self defense, defense of property, defense of another person's life or property and the use of deadly force in those issues. But not always.

Each law is looked at differently.

For example if you have the lawful authority in a particular instance to use deadly force and decide to use it then so be it. The issue of whether you lawfully have the weapon is separate however. You could technically be cleared of using deadly force on a person such as stopping an armed robbery but still be in trouble for an illegal weapon such as carrying without a CHL or a prohibited weapon like a sawed off shotgun. The illegal firearm will not make you guilty of the use of deadly force. It will get you in trouble for having the firearm in the first place.

The reverse can be true. You can legally have a weapon but step into a situation that is not authorized by law.

Each circumstance is different.

We could probably make up dozens if not hundreds of scenarios. Each one will be different and probably eventually be reviewed by the District Attorney. Reading Chapter 14 of the Code of Criminal Procedure will explain the limited circumstances that a person (not a police officer) can step in to make an arrest. Chapter 9 of the Penal Code will explain the lawful uses of defense.

So can you pull your weapon if you believe that you are in danger? Maybe. Simply feeling threatened is not enough. Some people always feel threatened. That doesn't mean that the person can walk around with the gun out. It goes by what the DA, grand jury, and judge or jury eventually decide looking at the circumstances and what a reasonable person under the same circumstances would believe.

Can you pull your pistol to stop a general (whatever that is) crime? Again, it is according to what the crime is and what a reasonable person in the same circumstance would believe.

Penal Code Chapter 9

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.9.htm

Code of Criminal Procedure. Check out Art. 14.01, Offense Within View.

http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.14.htm

[TxSuperDad]

I guess what I was getting at is that over the last 10 years I have had every vehichle broken into and some of the many times. The last time was my truck in broad day light first parking spot from the door at Rockler. Pistol was in the console cause I dont have my chl yet.

Heres my question. If I had my chl and saw him breaking into my truck from the store can I use my weapon to detain him untill the police show up. Or if he runs do I have right to give chase with weapon.

I know some are going to say that a simple vehichle break in isnt worth what COULD happen given chase. But when you have spents thousands of dollars replacing windows, locks, door handles, paint and door damage and ect. You get to a point where when each time it happens it makes you more defensive.

Im not saying im going to shoot someone over breaking into my truck. BUT if I caught someone in the act, drew my weapon, held him at gun point in a public parking lot,(assuming he doesnt actually run). Will I be with in my rights to do so or im gonna catch hell when the police show up. I do know that holding someone at gun point over a vehichle break in get a much faster response time then just making a report. 4.5 hr wait time this last time. Up too 12 hrs in the past. FYI I have caught several of them in the act in the past. Some in drive way which I know falls under home defense.

[tvc184]

............... FYI I have caught several of them in the act in the past. Some in drive way which I know falls under home defense.

I have no clue what law you are speaking of or what defense that constitutes.