chl scenario

[Redneck Archer]

real advice please. from someone who know the laws or a LEO please.

A fellow dealers truck was broken into in broad daylight at one of his customer stops this week. he walked into a mechanics bay out of sight of his truck, and came back minutes later to find someone had taken a crow bar to his side door, and busted the handle off. (didnt actually make it in the truck).

Now, he never saw the people from what I understand, but it was within probably 30 seconds or so and it would have been an encounter. he said it was just a couple minutes he was out of sight of his truck...

SO. I run the same route as this guy, and I am sure he will not be the only one followed around and "hit".

I carry on me, and have my revolver hidden in my rig. I park my truck where I can see my truck and side entry door at all times (on purpose). BUT, there are potty breaks and laps's in my "preparedness" where I drop my gaurd.

If I come out of a bay and see my truck being robbed 100 ft. away... well. now what??? I keep hearing anything you do you will be charged with brandishing your weapon and go to jail or whatever...

What is the appropriate action to stop the thieves but avoid legal repercussions. I know some say dont pull your gun unless you are shooting someone. BUT, if I confront that situation I want to be the first one with my weapon out (rather be judged by twelve than carried by 6)...

I dont know. been thinking that one through since I found out...

[blacksunshine]

insurance deductible is cheaper than a lawyer

[mossyoak20]

If that happens at my shop when your there, we're both pullings guns, I keep one in my box!!! Where is this happening at! Ready for that box too, get mine sold yet?

[fister]

Doesn't Castle Doctrine protect you in this case?

[Tubby]

insurance deductible is cheaper than a lawyer

Yes

Doesn't Castle Doctrine protect you in this case?

Yes

[Twztid]

Well I was under the impression you could draw and have a last command of "I have a gun and I don't want to use it" to give the other a chance to flee, before the final decision of taking someone's life. Am I wrong with this statement?

[texag93]

I'm not pulling a gun for someone breaking into my truck. I would be escalating a burglary into possible homicide. My pistol is to protect my or others lives who are in emminate danger.

As stated....a deductible is much cheaper than a lawyer.

[iamntxhunter]

THis is the delima with a CHL. You have the right to protect you property under the castle doctrine and if you are confronted with such an individual you can act in what ever means you feel is necessary as long as you are level headed. With the CHL I think you might be held to a higher standerd unfortunately. Not sure about this but I would say you confront and keep your wits about yourself and act accordingly as to the threat level. Being that you are CHL approved you might be held to a higher standard in the politically charged world we live in today. I know how I would handle it but I would never say it here on a public forum for my own protection. For those that are liberal you can take that to mean whatever you think it may mean.

[mpotts]

in our concealed carry class they was a Law firm out of Houston selling insurance and a 24 hour number if you have to use your gun call police first and this law firm selling this
insurance second they will send some to defend you it was about 225.00 per year. Kind of
neat thing to have

[txfireguy2003]

Just my thoughts here, take it for what it's worth.
FIRST: At 100 feet, are you confident in your ability to hit your target with EVERY SINGLE SHOT, in an emotionally charged state? I'm not and I practice more often than most (although not as much as some) and qualify with my weapon every year, scoring well above 95% every year with both my primary and backup.
SECOND: Are you willing to take a life over some property that can be replaced, and likely will be replaced by your insurance company? I'm not, regardless of the legal aspects, the psychological aspects run deep. (Come into my home, or try to steal from me directly, putting me in fear for my life, different story.)
THIRD: From 100 feet, are you in any real danger? I don't think so, but circumstances may dictate that you are, as in, he's pointing a weapon at you, at which point, I say return the favor.

One possible solution, without taking a life: Why not holler at the guy, from 100 feet away, while being prepared to draw and fire, but not actually displaying your weapon, while walking briskly his direction. "HEY, WHAT DO YOU THINK YOU'RE DOING?!?!?" Most thieves and burglars don't want to be confronted, that's why they take the cowardly route and break into unoccupied vehicles. It's likely that as soon as he hears and sees you, he's going to turn and run. If he doesn't, that's why you have to be prepared to handle the situation as it presents itself. When you holler, he will react, either by running, or confronting you, at which point, the ball is in your court. Basically, what I'm saying is, at 100 feet, I wouldn't immediately go to lethal force, as I think justification would be hard to come by, even if protected legally by whatever legal doctrine, I don't think I could justify it to myself. Sure, he's a low life thief, but a human none the less.

[Cam-Mac]

I'm a chl instructor. I can tell you there is no right answer to many of these questions. For the most part there is a lot of misinformation based on people's emotions rather than actual facts or case studies.

Every situation is unique. Nobody on here can tell you if you can draw in that situation or not. It all depends on so many other factors.

I will say this...
-I will never draw until i absolutely have to. Most of my stuff they can have & i'm not gonna kill them. I'll get as much info as i can to give police/etc. But breaking my truck door with a crow bar is totally different than coming after me with a crow bar.

A lot of internet tough guys will say "you have free reign to shoot" or "i'd shoot", etc. That is not true. They do not know until that situation arises. I am all about being prepared. I practice a LOT, and tell students to do the same. But nobody else can tell you when its go time. I have a feeling you will know if the time ever comes.

For me, somebody stealing something is not that time. And i'm sure a civil atty would agree .

Just a little food for thought:
The average cost of defense IN A JUSTIFIED shoot is over 70,000!
Yikes!

[Cam-Mac]

^txfireguy's response was better than mine. What he said!

[Cam-Mac]

Doesn't Castle Doctrine protect you in this case?

No.

[tx07]

100ft away seems like a good distance to remove yourself from harms way instead of bringing yourself into it. Why end up killed trying to be a hero.

[TXBlkCld]

I thought the average "justified shoot" cost was $16,000. Wow, it went up. Lol. Not that it matters though.
I wouldn't shoot In this situation. I might walk up behind him and pistol whip him or kick his knee out from under him but very doubtful I'd shoot. That is unless he threatens me with said crow bar. Different story then I guess. As stated above, don't know till you're there.