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91
Ask the Lawyers / First aid after you shoot?
« Last post by Bodeneth on July 08, 2017, 09:52:03 AM »
My car is my office, so after my job is complete at any given location I may sit in my car doing paperwork or sending emails for 30min or an hour before driving to the next address I need to visit. No matter how public the place I've chosen to park is, inevitably I always feel a little exposed, as if someone could walk up from a blind spot and stick a gun or knife in my face at any moment while I am focused on my phone or computer. In fact, this daily scenario is one of the primary reasons I got my Tx LTC in the first place.

In the event something were to happen, and I am forced to shoot someone at my window trying to rob me, I am well aware of what Tx Law Shield suggests I need to do. Hypothetically, I do everything right and I'm waiting for Johnny Law and the ambulance to show up. What should I do, if anything, to help the idiot I just shot?

Although he deserved what he got, I am Human and I have a heart. Should I just lean up against my car smoking a marlboro, waiting for everyone to arrive, watching this guy bleed out in agony, or should I render some kind of aid to qwell any obvious bleeding etc to try and slow down his transition from life to death?

I am not a trained first responder, but I know how to put pressure on a bleeding wound. My question is....should I ?
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Ask the Lawyers / Re: Moving out of Texas
« Last post by Bodeneth on July 07, 2017, 10:43:14 AM »
Thank you so much for your time to answer my question !
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Neighbor,

You are correct. This bill does have the same language that restricts a school’s ability to prohibit employees who hold a valid LTC from storing a handgun in their vehicle. After September 1, if an employee with an LTC is terminated for this reason, they would have administrative and judicial remedies available to challenge the termination.
94
Thanks, I'd missed that. :(
 Sec 37-0815(a) 
95
Ask the Lawyers / Re: FL Q: Revised FS 776 - Duty to Retreat
« Last post by TexasLawShield on July 05, 2017, 09:44:41 AM »
sacvet,

While it is true that Florida Statute 776.013 has been modified, the modifications have no real effect in actual practice.  The legislature removed the need to be attacked in your residence or a dwelling, and only required your presence in said place.  Further they eliminated vehicle from this section.   Therefore, in a residence or dwelling, one only need be present and reasonably believe that the use of force (non-deadly or deadly) is necessary under the circumstances to prevent the unlawful use of force or prevent imminent death or great bodily harm respectively.

Although vehicle has been removed from this section, other Florida Statutes such as 776.012(2) still preserve the ability to stand your ground and NOT retreat when in a vehicle.

(2) A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.

Therefore, you still would have not duty to retreat were you in a vehicle.  In fact, as long as you are not breaking the law, you never have a duty to retreat in Florida before using or threatening to use force including deadly force as long as it is justified under the circumstances as described in 776.012, 776.013, and 776.031.  The protections of the castle doctrine, however, only apply in your residence, a dwelling, or an occupied vehicle.

To be clear, you would have no duty to retreat outside of your home, or on the porch whether or not it is enclosed.

96
If my information is correct, although SB1942 did not pass, I understand the language from that same bill was added to SB1566 (page 11) at the last minute by Hefner and that bill did pass and was signed by the govenor. Please correct me if this is not the case.
97
Ask the Lawyers / Re: Texas CHL/Gun License renewal procedure.
« Last post by Neighbor on June 29, 2017, 08:59:05 PM »
If your license expires the end of October, I'm surprised you haven't already received a letter from DPS licensing explaining how to renew.
Mine was to expire the end of Sept. and I received a letter in April. I did the on-line part the application and paid my fee on May 3rd and on May 15th my new license arrived in the mailbox - I was pleasantly surprised. I even have the old ink fingerprints on file and they indicated at the end of my online portion that my information on file would be "reviewed" to see if it met current standards so I figured I would have to redo something but not the case.
98
Ask the Lawyers / Re: Texas CHL/Gun License renewal procedure.
« Last post by TexasLawShield on June 29, 2017, 03:06:28 PM »
talk2me,

The information above is correct and the process for renewal is laid out in the Government Code Section 411.185.

Sec. 411.185.  LICENSE RENEWAL PROCEDURE.
(a)  To renew a license, a license holder must, on or before the date the license expires, submit to the department by mail or, in accordance with the procedure adopted under Subsection (f), on the Internet:
(1)  a renewal application on a form provided by the department;
(2)  payment of a nonrefundable renewal fee as set by the department; and
(3)  the informational form described by Subsection (c) signed or electronically acknowledged by the applicant.
(b)  The director by rule shall adopt a renewal application form requiring an update of the information on the original completed application.  The director by rule shall set the renewal fee in an amount that is sufficient to cover the actual cost to the department to:
(1)  verify the information contained in the renewal application form;
(2)  conduct any necessary investigation concerning the license holder's continued eligibility to hold a license; and
(3)  issue the renewed license.
(c)  The director by rule shall adopt an informational form that describes state law regarding the use of deadly force and the places where it is unlawful for the holder of a license issued under this subchapter to carry a handgun.  An applicant for a renewed license must sign and return the informational form to the department by mail or acknowledge the form electronically on the Internet according to the procedure adopted under Subsection (f).
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Berumen96,

Unfortunately SB 1942 did not pass.
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Ask the Lawyers / Re: Moving out of Texas
« Last post by TexasLawShield on June 29, 2017, 03:05:02 PM »
Bodeneth,

Texas requires you to update your address within 30 days of a move. You can do this online and you will still have a valid non-resident Texas LTC. You may carry in Oklahoma with this license but you should still apply for the Oklahoma license. The Oklahoma reciprocity agreement states, “Any person who is twenty-one (21) years of age or older having a valid firearm license from another state may apply for a handgun license in this state immediately upon establishing a residence in this state.”

You may contact member services to switch coverage to Oklahoma.
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