Author Topic: Using Deadly Force without a CHL  (Read 2824 times)

DruzeNiko

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Using Deadly Force without a CHL
« on: August 29, 2014, 05:11:07 PM »
I don't have a CHL and don't particularly feel the need for one...although I'm starting to have second thoughts.  I live on a typical middle class suburban street, except that behind my house it is all wooded...city owned.  About three weeks ago a 9 year old girl was grabbed from her front yard (maybe five houses down) and taken to the woods behind my house and she was raped.

So onto my questions.  What if I'm in my car, with my handgun legally concealed, and I come across a situation like that or some other similar situation.  With or without my gun, I'm jumping out of my car.  Because I don't have a CHL and if I did bring my handgun to try to stop the situation and had to use deadly force, do I face criminal charges for using my firearm in this manner?  Another scenario could have been if I was home at the time and heard that little girl screaming, I get 911 on the phone, but I would feel the need to get out there STAT with a shotgun, handgun or a knife.  

I certainly would feel morally justified in a situation like that, but the fact of the matter is I would be running off of my property with a handgun, something I'm currently not legally allowed to do.  I'm sure I would have to pray that the Grand Jury has mercy on me, but do you know if there's any case law or legal experience for a situation like this?

Thanks so much for any information you could provide!
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

DruzeNiko

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Re: Using Deadly Force without a CHL
« Reply #1 on: September 04, 2014, 08:23:19 PM »
Well alrighty then...........
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TexasLawShield

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Re: Using Deadly Force without a CHL
« Reply #2 on: September 06, 2014, 10:30:27 AM »
DruzeNiko,

Even though you do not have a concealed handgun license, that does not mean that you are trapped within your home and vehicle in certain circumstances. As long as it begins with a lawfully justifiable situation (i.e., I am being carjacked, and then I take off running down the street with my gun, or you are in your home and hear screams of help or the like), even though you’re leaving the area where the law allows you to carry, we would certainly argue that it was part of your justified self-defense or defense of a third party, and therefore should be considered justifiable, and that the common law defense of necessity applies. Necessity is a defense that states even though you did something bad (carrying in public without a CHL) it was to prevent something worse (you dying, or other crimes you can defend against with deadly force).

Compare this to a situation where someone is carrying where they have no legal right to, but there is no self-defense situation involved, and you will certainly see a different result. Therefore, while it would be fine in the situations you’ve described above, we would certainly not advise carrying on your person in public because you merely think something might happen. It would be confined to situations where there is an initial self-defense or defense of other justification.

On a side note, in Texas it is not illegal to openly carry shotguns or rifles, so running out of your house carrying a shotgun or rifle is not in itself a crime. It only becomes a crime when you carry in a manner calculated to alarm, and there is no justification for doing so.

Keep in mind, most of these issues (and needs for arguments in court) could be preempted by obtaining a CHL; given the situations you've described, it may be worth applying for one.

Thank you for your question.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

DruzeNiko

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Re: Using Deadly Force without a CHL
« Reply #3 on: September 06, 2014, 05:01:51 PM »
Thanks for the answer.  That whole situation with the girl getting raped in the woods behind my house made me rethink things.  BTW, I don't carry at all, not even in my car.  I'm pretty much just a hunting guy.  I know you don't cover hunting accidents, but all else considered I'm gonna go ahead and join.  Plus, I know Kirk, we went to A&M together.  He's a good guy.  I trust him.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »