Author Topic: Carrying a firearm to an argument  (Read 1665 times)

switch

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Carrying a firearm to an argument
« on: September 12, 2017, 03:50:51 PM »
I understand that if you carry a firearm when you plan to have a confrontation, you are presumed guilty, at least it's harder to defend.

Where is this found in the TX code?  Is that 'old law', does it predate the LTC law?  Is it still valid?

After all, if I always carry, then get in an argument, I carried a gun 'to' an argument.  Or, worse, I go somewhere to confront a neighbor about a dog, loud party, trespass, etc.  Do I need to disarm before I go, even though I have an LTC?

switch

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Re: Carrying a firearm to an argument
« Reply #1 on: September 13, 2017, 08:48:30 PM »
OK, found it.  Section 9.31 (b) (5)
thanks

TexasLawShield

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Re: Carrying a firearm to an argument
« Reply #2 on: September 22, 2017, 04:31:03 PM »
switch,

You are correct that a use of force is not justified under Texas Penal Code 9.31 (b)(5), if you carry a firearm to a confrontation in violation of Section 46.02. This section addresses unlawful carry of a firearm. This does not mean that lawfully carrying your firearm will render you presumed guilty of an offense. If you have a Texas LTC and are lawfully carrying your firearm on your person, then you are not carrying your firearm in violation of Section 46.02. Therefore, you will not be presumed guilty or prevented from arguing justified use of force.

SirBobsalot

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Re: Carrying a firearm to an argument
« Reply #3 on: September 25, 2017, 02:07:11 PM »
So, I have a question.

I carry all the time when I am not in my own house.  I disarm only when required to do so.

I have a hypothetical situation.  If my neighbors dog has been pooping in my yard and I walk next door to ask him nicely to keep his dog out of my yard.  I am expecting them to say something like "Ok, sorry, I didn't realize.  I will take care of it."  At which point everything would be fine. 

If my neighbor instead wanted to argue about it, would I have then brought a gun to an argument even then I wasn't trying to argue or fight in any way? 

This scenario troubles me because It seems that I have to give up my private property rights or my gun rights.  I can't approach my neighbor about there troublesome dog because if they get mad then I have brought my gun to an argument.  But if they were to get mad, that is the time when I would want to have my gun with me. 

I hope this makes sense,
SirBobsalot

TexasLawShield

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Re: Carrying a firearm to an argument
« Reply #4 on: September 29, 2017, 10:32:48 AM »
SirBobsalot,

Your hypothetical makes sense. The times when you most need your firearm are when you are dealing with potentially violent confrontations. The statute referred to above, Texas Penal Code 9.31(b)(5), does not make your conduct illegal. You do not have to disarm. The statute only addresses unlawful carry. It states that you will not be justified in your use of force if you carried your gun, “in violation of Section 46.02,” to an argument.

9.31 explains the legal protection given to someone who uses force in self-defense. However, you may lose this legal protection if you: (1) carried your gun to an argument; AND (2) were carrying unlawfully. If you are lawfully carrying your firearm, 9.31(b)(5) does not apply, and you have nothing to worry about.

To address your hypothetical, if you have your LTC and you approach your neighbor on a public sidewalk, you are lawfully carrying and you keep the protections of 9.31. If you go to your neighbor’s house, you stand on the front porch, you have nothing to worry about. If, however, you walk into your neighbor’s house and he tells you that you cannot have your firearm then you have carried in violation of 46.02.  You could potentially be found guilty of unlawful carry if your neighbor calls the cops.

SirBobsalot

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Re: Carrying a firearm to an argument
« Reply #5 on: September 30, 2017, 04:48:56 PM »
Thank you very much Texas Law Shield!