Recent Posts

Pages: [1] 2 3 ... 10
1
In The News / Re: Attack on Pets by Wildlife
« Last post by Neighbor on Today at 06:18:31 PM »
Found this in the "Ask the Lawyers" section



TexasLawShield
Administrator
Newbie
*****
Posts: 858
View Profile  Email

Re: Coverage if I shoot a dog
« Reply #2 on: November 18, 2014, 09:58:05 AM »
Quote
drdriller,

There is no general right to use force or deadly force against a dog that is attacking a human. The Texas Health & Safety Code has authorized the killing of a dog or coyote if it is attacking a domestic animal, livestock or fowl, but not a human. There is a self-defense provision contained in the cruelty to animal’s crime, but it only applies to attacks from "dangerous wild animals", however, dogs are not in this category. A person who is charged with a crime resulting from defending themselves or another, would have to rely on the defense of necessity, showing that to not commit a crime would actually result in a worse consequence. Such as, to not shoot an attacking dog would result in a mauled child. Keep in mind that if a person does use a firearm to kill a dog, that they could not only be charged with cruelty to animals, but also any of the gun crimes, i.e. display by a concealed license holder, disorderly conduct, deadly conduct, discharge in a municipality, or discharge in violation of municipal ordinance. Related to your specific circumstance, it would most likely be a question which would have to be decided by a judge or jury. TLS reviews each case on a case-by-case basis. In the situation you provided, barring other circumstances, this would be covered by TLS.
2
Ask the Lawyers / Re: Church Security
« Last post by switch on Today at 04:10:06 PM »
There was a case where a DA in a liberal city made noises about a 'security' team in a mega church.
I doubt if it would be a problem in most areas.  To be cautious, I would NOT call it security. :)  There is nothing to stop you from carrying as an usher, greeter, etc.  However, I would NOT limit membership to LTC's. 
3
General Firearms Law Discussion / Texas LTC Instructor Liability Insurance
« Last post by brisbois on May 21, 2017, 10:41:01 PM »
I recently got certified as a Texas LTC instructor and I am looking for good suggestions of who to get liability insurance from. All inputs are greatly appreciated.

Thanks,
Bill
4
Ask the Lawyers / Mossberg Shockwave..legal?
« Last post by Cragsrock17! on May 21, 2017, 02:39:45 PM »
Hello, I see the Mossberg Shockwave is a non NFA, non AOW federally. Im not sure on the law in Texas. Do you need a ATF tax stamp to register this weapon? It appears to not be a shoulder fired shotgun...hence the birdhead pistol grip.
Any clarification os appreciated!
  Thank you!
5
Ask the Lawyers / Re: Selling an AR I built
« Last post by TexasLawShield on May 19, 2017, 03:12:54 PM »
ceejmo,

This answer is based off the federal requirements and also complies with the state laws in Texas. It is possible that another state could have its own restrictions on the sale of these firearms, both to an FFL as well as when dealing with private sales.
6
In The News / Attack on Pets by Wildlife
« Last post by Mani8448 on May 17, 2017, 09:11:45 AM »
Hello all,

I read a Houston Chronicle story today about wild dogs attacking pets and how animal control in Houston will not help/is not responsible for those types of attacks. The agency that would be responsible was unreachable and only seems to have 16 people working the field from what I took away from the story.  I can't post the link but it should be easy to hunt down should you wish to read it.

Has there been any TXLS article or video done on the subject of defending your pets from wildlife attacks? Also I suppose defending them from human attacks would be an interesting topic as well.

I did search the forum for PET, WILDLIFE, DOG and received 0 results so I hope I am not asking an age old question here.

Thank you all.

7
Ask the Lawyers / Re: Selling an AR I built
« Last post by ceejmo on May 16, 2017, 05:11:18 AM »
Flatire,

As long as you did not build the firearm with the intent to sell it and the firearm has a serial number, then you are not required to meet any additional regulations or have an FFL in order to sell or transfer the firearm.

TLS,
      I know this is true for Texas but is it the same for all states? 

CJ
8
Ask the Lawyers / Re: DUI
« Last post by TexasLawShield on May 15, 2017, 05:19:19 PM »
spanman,

As long as it is not a felony DWI, then you may still purchase firearms.
9
Ask the Lawyers / Re: Coverage if I shoot a dog
« Last post by TexasLawShield on May 15, 2017, 05:18:47 PM »
wacojohn,

Unfortunately, at this time this is still the way these situations are handled because there has not been a change in these laws.
10
Ask the Lawyers / Re: Harris Health Clinics in Houston
« Last post by TexasLawShield on May 15, 2017, 05:17:54 PM »
mxnjw18,

This is a bit of a complicated area of the law because the law is not clear and it has not been challenged in court. At this time, these are only arguments to be made as to whether or not a sign can be properly posted. Additionally we are looking at a very specific subgroup.
First, as the article states, we are only dealing with clinics affiliated with public hospitals because private clinics are not prohibited from posting under Texas Penal Code 30.06(e).
Second, we have to look at which schools the students attend. In this situation we are looking at TPC 46.035(a-2) and Government Code 411.2031(e). TPC 46.03(a) does not apply because it excludes institutions of higher education. If the students attend a public institution, the clinic would not be able to post signs because TPC 46.035(a-3) and GC411.2031(d-1) deal with public institutions of higher education and they are limited to exclusions on the campus itself. These sections do not include the language “grounds or buildings on which an activity sponsored by the institution is being conducted.”
If we have a clinic affiliated with a public hospital, and that clinic also has medical students that attend a private or independent institution of higher education, the clinic would likely still need to show some sort of association with the school. The students presence would need to part of an activity “sponsored” by the private or independent institution. Additionally, the institution would need to establish regulations specifically regarding the posting of 30.06 signs at the clinic.
All that to say, if one of these clinics has posted 30.06 or 30.07 signs, it would be best to report the sign to the attorney general’s office to begin the process of getting a definitive answer to this question.
Pages: [1] 2 3 ... 10