Non-CHL fires CHL's gun

Diode · Post by **Diode** » Wed Aug 23, 2006 3:13 pm

propellerhead wrote:It was funny. I just wasn't sure. It's hard to read the tone in text. :)

switch · Post by **switch** » Sun Sep 03, 2006 6:43 am

Generally, if the shooting is justified, they do not look to closely at how the shooter came to have the gun available.

The subway shooter was no-billed at first. When he went on local radio/tv and told everyone it was dangerous in NY (duh) and everyone should have a gun, the DA took it to another grand jury and got an indictment.

I heard about a felon that was visiting in a home that was invaded. He managed to disarm an attacker and protect his friend - but he was charged with possession of a firearm.

cxm · Post by **cxm** » Mon Sep 04, 2006 7:13 pm

Can't see any reason why not...

Even if there were a prohibition, the doctrine of neccessety would solve the problem if it was a good shoot.

FWIW

Chuck

propellerhead wrote:I saw an interesting question on a gun forum. The poster asks if his girlfriend has a CHL and was carrying, and a a problem arises situation arises, can he legally shoot an attacker using his girlfriend's gun? Let's assume they are driving around in his car (if that makes a difference) and he does not have a CHL but can legally own a pistol.

Your thoughts?

KBCraig · Post by **KBCraig** » Mon Sep 04, 2006 10:01 pm

Doesn't Texas recognize the concept of "felony murder" (by whatever name)? If so, then if someone accidentally kills a third party while using justified deadly force, the legal blame lies with the person doing whatever justified DF.

If a policeman pursuing a felon accidentally hits and kills someone, the fleeing felon gets charged with murder.

Kevin

Liberty · Post by **Liberty** » Tue Sep 05, 2006 6:18 am

KBCraig wrote:Doesn't Texas recognize the concept of "felony murder" (by whatever name)? If so, then if someone accidentally kills a third party while using justified deadly force, the legal blame lies with the person doing whatever justified DF.

If a policeman pursuing a felon accidentally hits and kills someone, the fleeing felon gets charged with murder.

Kevin

I don't know what the law has to say about this, but in this situation I don't think most jurys would give a murder concivtion. Now if the felon were actively involved in fireing back, that would be different.

robert_de_niro · Post by **robert_de_niro** » Fri Sep 08, 2006 12:32 pm

jbirds1210 wrote:I don't know what the law says......but I think it would definitely be difficult to find a Texas jury that would think of it as a negative action. No matter what the law or jury says...if things are that out of control, I would use the gun.

The great thing is that both people in Texas could just go and get a license of their own and not worry about it
Jason

In the words of my CHL instructor, "I'd rather be judged by 12 than carried by 6."

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Non-CHL fires CHL's gun

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