On Texas firearm law I would defer to Rob's knowledge on the subject as he is extremely well versed and knows his stuff.
Firearm defense question
- Thread starter 03_SVT_Freak
- Start date
- Status
Thanks for all the insight guys. I dont want to come off as some hardaas who doesn't take gun safety seriously. Just wanted to know the proper way to defend myself if the need should ever arise. I will definitely be getting my chl but damn 2 jobs is kicking my ass.
You will be kicking your own ass fi you ever truly need it and don't have it on you because you don't have your CHL. Or the guys you need it to defend against will be kicking it for you ... :rolling:
:lol: so true!
That is very interesting because that is how it is here in the Republic of MA, but I always thought TX was an open carry state, so it wouldn't be a big deal if it was exposed. Is that because the "exposure" wouldn't have been accidental? We had a situation up here a few years back where an attorney had the wind blow open his jacket which exposed his concealed handgun, and he lost his LTC over it. He subsequently got it back, but it took him about 5 years, and a ton of money to get it restored. I would say that the average Joe wouldn't have fared so well.
For your legal/personal safety, I wouldn't have if I were in your position. I'm assuming he seemed like a rough rider or gang type an not a dumb teenager if u felt threatened, a dumb teen drops hard at a lecture so that said...
Possible outcome at the parking lot:
-he swings, u fire-be it his leg, arm or by accident head, u've got an uphill battle.
-he swings, knocks the gun outta ur hands, gets it off the ground, steals ur car at gunpoint or shoots u or whatever, ur screwed.
-he leaves but remembers ur plate, leaves, calls his biker buddies, gets ur address off websites that tie registered drivers to plates, come to ur house with buddies and loots it one night or throws a molitive in it or what ever, u don't wanna risk the shelter you lay forth for your family.
Are these extremes? Ya but is pulling a gun on someone extreme? Ya.
My dad carried a .357, only time I ever saw him reach for it as if hd was threatened was on a motorcycle ride when a dumb punk ass in a lifted dodge towing a boat with his buddies kept swerving at us. He motioned like he was going to pull his gun while stairing at the driver through the driver side mirror. Truck slowed down and left us alone but my father even told me later he wasn't going to pull it out no matter what.
(They were doing this because at the bar, one of the kids in the truck asked my dad for a smoke and my dad said "may I ask why" the kid answered "I'm addicted" and my dad replied "that's bullshit, if u don't want to be addicted, stop smoking" and didn't give the kid a smoke. (he woulda given it if the kid said other reasons). The kids were drunk and got pissy but my dad was only trying to help the kid brake the habit.)
Texas actually doesn't have open carry of handguns, and I don't expect it to pass anytime in the next 3-4 legislative sessions (6-8 years). We do have open carry of rifles, shotguns, etc. Accidental exposure and printing isn't that big a deal. A lot of people worry about it, though. Being arrested for accidental exposure is up to the officer, but I've never heard of anyone being arrested that truly has their firearm accidentally exposed.
The pertinent section of the penal code for that is 46.035:
The key word in our penal code is intentionally fails to conceal. Unfortunately, intentionally isn't defined which leaves it up to officer discretion.
IMO, sweeping your cover garment back to show someone your firearm qualifies as intentional. The wind blowing your shirt tail up exposing your firearm isn't intentional. In your example, I don't that being a problem in Texas. If people do happen to call the police, most will tell you to be more careful and send you on your way. Depending on how you look, most of the public think anyone carrying a gun in a holster is LE of some type and wouldn't call anyway.
lol!!
txyaloo, thanks for clarifying how it works there. I never would have imagined it to be so similar to what we have here concerning concealed carry laws, but at least it seems like there is some common sense, and discretion applied!;-)
I only suggested it because Ohio is an open carry friendly state. I don't know the laws for Texas and was speaking as an Ohio resident.
Gotcha. The laws are so convoluted state to state wrt firearms that even law enforcement officers can't keep up with the laws they are in charge of enforcing.:rollseyes Technically open carry is "legal" here in moonbatachusetts too, but it's not something I'm ever going to be the test case for. I didn't make note of your location earlier, but I had read that OH has some fairly decent firearm laws, so you are lucky.
Hah...very true. The laws are always changing. Can you guys carry in Class D liquor establishments? Our law goes into action on 9/30 that allows us to carry in those locations, which many CHL holders are happy about (myself included).
What is considered "class D"? If you are referring to restaurants which have a bar, then yes. I was told that it technically isn't illegal to even carry in a regular bar, because there is no open carry really allowed here anyway (concealed means concealed), but you can not, or should not consume any alcohol for obvious reasons.
VA put that into law last year as well. It seems like a common change going around the country. Which is great because just about every dining place up here can serve some form of alcohol.
good question. i have alot to learn on this before i get my ccw.
Just my .02 but I'm with most opinions on here. I did ask the Sherriff that conducted the local CC class, and the answer was basically this:
Anytime you pull your weapon, it has to be in personal defense of your life or someone directly close to you(alter-ego). If you have the gun in your car, you therefore have an opportunity to escape the situation, thus no legal foot to stand on if you shot the guy.
Hypothetically speaking, if he would have pulled a deadly weapon( grey area ), you would have every right to pull from your hip/place of personal-on person concealment your weapon and use it.
Anytime you pull your weapon, it has to be in personal defense of your life or someone directly close to you(alter-ego). If you have the gun in your car, you therefore have an opportunity to escape the situation, thus no legal foot to stand on if you shot the guy.
Hypothetically speaking, if he would have pulled a deadly weapon( grey area ), you would have every right to pull from your hip/place of personal-on person concealment your weapon and use it.
i have to say though, i disagree with the statement of shoot what you point at. i would much rather detain someone, than shoot them. pulling the trigger shouold be a last ditch effort in my opinion. if someone breaks into my home, i will give them a warning shot, and ask them to lay on the ground while police arrive. i will only shoot if i have to. everyone always says "ohh im going to blow those bastards away" like some hardass. having actually defended my home with my pistol before, i can honestly say i never want to actually shoot anyone.
Then you are an idiot. You're not the police. You do not have the "right" to detain someone with a firearm nor do you have immunity from civil liability through the castle doctrine if you merely "detain" someone. You risk a litany of charges by going that route. 99% of the population doesn't want to shoot anyone, but the second rule of firearms is never point a firearm at something you do not intend to destroy. If you're pointing a gun at someone, then you need to be ready to pull the trigger. If you're not to that point, then the gun should not have been presented.
And firing a warning shot? You may want to rethink things.
Citizens arrest contradicts that sentiment. But for all I know you may be right.
I grew up with guns and hunted throughout my childhood. I'd be the last person to openly shoot someone like a burglar. I know the power of a firearm. Not going down that road and having it on my mind till I die that I killed someone I didn't have to kill.
I grew up with guns and hunted throughout my childhood. I'd be the last person to openly shoot someone like a burglar. I know the power of a firearm. Not going down that road and having it on my mind till I die that I killed someone I didn't have to kill.
:lol: :lol: :lol: :lol:
if someone hasn't mentally prepared themselves to shoot someone they have no business owning a firearm let alone pulling one on anyone burgler in their home or not.
- Status
Users who are viewing this thread
