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Re: attempted car break in

Posted: Sat Apr 11, 2009 10:05 pm
by dewayneward
thanks for all of the feedback. I am seeing some different positions on it. I dont really carry because it is my "right" exclusively. I am glad that the framers were smart enough to put that in there that everyone should have the right to protect themselves from each other and from the government.

My reasons for carrying are very different than yours, russell. I carry to protect me and my family. This "incident" has forced me to really think about who I am willing to protect. I would agree that a call to the police is the first thing to always do. eep down though, what did you really "feel" when you learned that the 2 guys in the video I linked to pushed the button (i.e. called the cops) and then went on their merry way and didn't get more involved. Lets forget about all the other crap and think about if that was your daughter, sister, mother. I, for one, would want someone to come to my families aid if I was unable to help them. Again, I am not looking for trouble. I am not the lone ranger, john wayne, dirty harry. But I just cant sit and do "nothing" and sleep at night.

I agree wholeheartedly with Russel's post find that there are times where things aren't what they seem, but we are getting a little ahead of ourselves with "guns drawn".

You see a woman getting raped, you dont shoot the guy immediately, you yell for him to stop, put his hands up, whatever. If he doesnt comply in texas you have the authority to (and you dont have to do the previous part) to stop him. If someone is being robbed and you are in the immediate area, be good witness, if it is the burger king incident that is a different situation.

What I am reading in some of the posts is that if a person was being raped, it would be "mind your own business" because it would cost money,time, etc.

I have taken the know the law to heart and will be recracking my book out again and diving through texas CHL laws. Great discussion and thanks to all for expressing their position.

Re: attempted car break in

Posted: Sun Apr 12, 2009 1:53 am
by srothstein
I have to agree that the best advice for the specific scenario given was to do exactly what you did - go on alert and protect your family, and observe what you could. You did not know exactly what was going down. I also agree that a CHL is not a cop and has no legal duty to help anyone else. Obviously, my job changes my response to situations like that because I do have that duty.

I also have to point out that the problem with postings like this is that they are only valid for the one very specific scenario. Because a person would let a possible thief (actually burglar in this case) go by without doing anything does not mean they would let them go if they saw them in the car or if it was a more serious offense. I do not accept that the person will respond the same way based on his stated response to this one. For that matter, I think many of us will respond differently when actually in the situation than we would when we read it here and talk about it later.

Finally, I had to point out that every citizen in Texas has the legal authority to arrest thieves. Article 18.16 of the Code of Criminal Procedures gives you this authority. You do need to be sure it is an actual theft though. And the real purpose of my pointing this out is to remind you to read more than just the CHL laws. You need to understand some of the other laws that are referenced also.

You need to read Chapter 9 of the Penal Code to get all of the justifications, plus read the chapters on the crimes like robbery and theft that are specifically mentioned in chapter 9. And then you need to read chapter 2, chapter 14, and chapter 18 of the Code of Criminal Procedure. You might not need chapter 2 very much, but knowing who is a peace officer is important in relation to showing ID (which hopefully will go away soon). Chapter 14 covers all of the arrest authorities for citizens and cops, and this is important. Chapter 18 is mostly search warrants, but has that little gem on preventing the consequences of a theft in there.

And if you ever really want to read something interesting, I strongly recommend chapter 545 of the Transportation Code. You migth find it interesting what you cannot - and can - do while driving.

Re: attempted car break in

Posted: Sun Apr 12, 2009 8:15 am
by jeeperbryan
I've seen so many stories like this on the board. Seems many people become extra alert after getting their CHL. Many times, unecessarily so. I'm sure car alarms and robberies happened before you got your CHL. So the answer to this situation is.....do exactly what you would have done pre-CHL. Avoid the situation, call 911, assist the police with information. Other than that, I'm with the "mind your own business" crowd.

I'm sorry if this sounds harsh but just try to imagine if you had drawn your gun and god forbid killed someone. All over a robbery? Countless hours and money would be tied up in court. I love Texas CHL but it should only be used in valid situations. I'm glad to hear everything turned out ok though.

Re: attempted car break in

Posted: Sun Apr 12, 2009 12:58 pm
by nils
I appreciate the "looking out" Dewayne, but I have to agree that "we" can't get involved in things like this...my motto is "only get involved if someone is getting seriously hurt, someone is about to be seriously hurt, or killed"...otherwise, I call the cops. :fire

Re: attempted car break in

Posted: Sun Apr 12, 2009 8:14 pm
by gemini
Nobody likes to see a BG get away with anything. However, minor offenses don't warrant whipping out your piece. You might instead whip out your cell phone and snap a picture of the suspected person, note the car, make, color and plate number if possible. Turn the info over to the injured party or LEO's if 911 is called.