Page 2 of 2

Re: Conflicting laws in the penel code?

Posted: Fri Jul 27, 2012 11:15 am
by buckaroo815
Thank you all for he help. Im not here to cause trouble but be enlightened. I deem you guys as very knowledgeable. Thank you so much. I enjoy gun shooting and deer hunting myself and I am pro 2nd. Nothing I ask is meant to cause trouble but clear up what so much hear say I have heard or confused as in this post on matter of law. Thank you for the help.
Buck

Re: Conflicting laws in the penel code?

Posted: Fri Jul 27, 2012 1:37 pm
by recaffeination
buckaroo815 wrote:I am confussed about some laws and need help. I see this law that says

PC §9.06. CIVIL REMEDIES UNAFFECTED. The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit.

That reads to me you can be sued for using deadly force.

Then this code says

CPRC § 83.001. CIVIL IMMUNITY. A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable

And this reads to me you cant be sued.

Can someone explain this ?
It's like how the Old Testament says thou shalt not eat bacon, but the New Testament says bacon is groovy so eat all you like.

Re: Conflicting laws in the penel code?

Posted: Fri Jul 27, 2012 2:18 pm
by wgoforth
recaffeination wrote:
buckaroo815 wrote:I am confussed about some laws and need help. I see this law that says

PC §9.06. CIVIL REMEDIES UNAFFECTED. The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit.

That reads to me you can be sued for using deadly force.

Then this code says

CPRC § 83.001. CIVIL IMMUNITY. A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable

And this reads to me you cant be sued.

Can someone explain this ?
It's like how the Old Testament says thou shalt not eat bacon, but the New Testament says bacon is groovy so eat all you like.
Very good illustration and drives home the point for us preachers.... yeah, I love my bacon as well... I would not have made a good Jew I am afraid...however Dr now tells me that I have high blood pressure and have to lay off. So being a Jew under the OT might have been better for my health ;-)

Re: Conflicting laws in the penel code?

Posted: Fri Jul 27, 2012 2:19 pm
by WildBill
recaffeination wrote:
buckaroo815 wrote:I am confussed about some laws and need help. I see this law that says

PC §9.06. CIVIL REMEDIES UNAFFECTED. The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit.

That reads to me you can be sued for using deadly force.

Then this code says

CPRC § 83.001. CIVIL IMMUNITY. A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable

And this reads to me you cant be sued.

Can someone explain this ?
It's like how the Old Testament says thou shalt not eat bacon, but the New Testament says bacon is groovy so eat all you like.
Groovy? I am not a bible scholar, but must have missed that part. ;-)

Re: Conflicting laws in the penel code?

Posted: Fri Jul 27, 2012 2:29 pm
by AEA
recaffeination wrote:It's like how the Old Testament says thou shalt not eat bacon, but the New Testament says bacon is groovy so eat all you like.
Mmmmmmm........I think I'll fry up a batch now! :cheers2:

Re: Conflicting laws in the penel code?

Posted: Fri Jul 27, 2012 10:35 pm
by buckaroo815
recaffeination wrote:
buckaroo815 wrote:I am confussed about some laws and need help. I see this law that says

PC §9.06. CIVIL REMEDIES UNAFFECTED. The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit.

That reads to me you can be sued for using deadly force.

Then this code says

CPRC § 83.001. CIVIL IMMUNITY. A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable

And this reads to me you cant be sued.

Can someone explain this ?
It's like how the Old Testament says thou shalt not eat bacon, but the New Testament says bacon is groovy so eat all you like.

WOW, now that was an eye opener for me. Words that speak to me. Thank you

Re: Conflicting laws in the penel code?

Posted: Sat Jul 28, 2012 7:01 am
by Keith B
WildBill wrote:
recaffeination wrote:It's like how the Old Testament says thou shalt not eat bacon, but the New Testament says bacon is groovy so eat all you like.
Groovy? I am not a bible scholar, but must have missed that part. ;-)
WildBill, that must be from the New Testament in the NHV (New Hippie Version) bible. :lol:

Re: Conflicting laws in the penel code?

Posted: Sat Jul 28, 2012 8:58 am
by WildBill
Keith B wrote:
WildBill wrote:
recaffeination wrote:It's like how the Old Testament says thou shalt not eat bacon, but the New Testament says bacon is groovy so eat all you like.
Groovy? I am not a bible scholar, but must have missed that part. ;-)
WildBill, that must be from the New Testament in the NHV (New Hippie Version) bible. :lol:
:thumbs2: Far out!

Re: Conflicting laws in the penel code?

Posted: Mon Jul 30, 2012 3:52 pm
by rm9792
buckaroo815 wrote:Thank you all for he help. Im not here to cause trouble but be enlightened. I deem you guys as very knowledgeable. Thank you so much. I enjoy gun shooting and deer hunting myself and I am pro 2nd. Nothing I ask is meant to cause trouble but clear up what so much hear say I have heard or confused as in this post on matter of law. Thank you for the help.
Buck
You are going to have friends, family and strangers telling you what is law when they are regurgitating water cooler myths and legends. Your best approach is to ask here, we have lawyers and police on the board everyday. Even so, check up on what they tell you by looking up the law yourself. The education is worthwhile. I am not a lawyer or LEO but I have read a lot of the Texas Penal code as there is some interesting stuff in there. You will have hardheads argue with you but get them to quote their source and watch them start crawfishing. I think the CHL laws are very straightforward for the most part, but there are some issues that need clarification such as schools (confuses a lot of people). Most of the confusion IMO is lousy instructors with a personal agenda. See how many "knowledgable" friends will tell you that you cant carry in a bank, liquor store, etc. They will tell you that you have to travel 3 counties with brown luggage and 2 gallons of water to carry in the car, you have to register guns in Texas, rifles have o be concealed, pistols have to be unconcealed under MPA, all kinds of crazy crap with no basis in law.

Re: Conflicting laws in the penel code?

Posted: Mon Jul 30, 2012 5:11 pm
by Phoenix6410
rm9792 wrote:
buckaroo815 wrote:Thank you all for he help. Im not here to cause trouble but be enlightened. I deem you guys as very knowledgeable. Thank you so much. I enjoy gun shooting and deer hunting myself and I am pro 2nd. Nothing I ask is meant to cause trouble but clear up what so much hear say I have heard or confused as in this post on matter of law. Thank you for the help.
Buck
You are going to have friends, family and strangers telling you what is law when they are regurgitating water cooler myths and legends. Your best approach is to ask here, we have lawyers and police on the board everyday. Even so, check up on what they tell you by looking up the law yourself. The education is worthwhile. I am not a lawyer or LEO but I have read a lot of the Texas Penal code as there is some interesting stuff in there. You will have hardheads argue with you but get them to quote their source and watch them start crawfishing. I think the CHL laws are very straightforward for the most part, but there are some issues that need clarification such as schools (confuses a lot of people). Most of the confusion IMO is lousy instructors with a personal agenda. See how many "knowledgable" friends will tell you that you cant carry in a bank, liquor store, etc. They will tell you that you have to travel 3 counties with brown luggage and 2 gallons of water to carry in the car, you have to register guns in Texas, rifles have o be concealed, pistols have to be unconcealed under MPA, all kinds of crazy crap with no basis in law.
I have noticed how "ignorant" most people are of the laws pertaining to CHL since I took my course earlier this year. I have printed out the CHL-16 and study it front to back, googling or checkin this forum for any clarification, both great tools!!

Re: Conflicting laws in the penel code?

Posted: Mon Jul 30, 2012 6:38 pm
by wgoforth
rm9792 wrote:
buckaroo815 wrote:Thank you all for he help. Im not here to cause trouble but be enlightened. I deem you guys as very knowledgeable. Thank you so much. I enjoy gun shooting and deer hunting myself and I am pro 2nd. Nothing I ask is meant to cause trouble but clear up what so much hear say I have heard or confused as in this post on matter of law. Thank you for the help.
Buck
You are going to have friends, family and strangers telling you what is law when they are regurgitating water cooler myths and legends. Your best approach is to ask here, we have lawyers and police on the board everyday. Even so, check up on what they tell you by looking up the law yourself. The education is worthwhile. I am not a lawyer or LEO but I have read a lot of the Texas Penal code as there is some interesting stuff in there. You will have hardheads argue with you but get them to quote their source and watch them start crawfishing. I think the CHL laws are very straightforward for the most part, but there are some issues that need clarification such as schools (confuses a lot of people). Most of the confusion IMO is lousy instructors with a personal agenda. See how many "knowledgable" friends will tell you that you cant carry in a bank, liquor store, etc. They will tell you that you have to travel 3 counties with brown luggage and 2 gallons of water to carry in the car, you have to register guns in Texas, rifles have o be concealed, pistols have to be unconcealed under MPA, all kinds of crazy crap with no basis in law.
I certainly can't deny that some instructors are better than others....just like college and school teachers..... but what are some examples of "personal agenda?" I know some who incorrectly still teach you can't carry in church buildings, for example...but agenda implies they have a personal (usually incorrect) view they are trying to get others to subscribe to. And, even if the teacher teaches thins incorrectly...if the students answers the test correctly, then apparently they know what the state really wants them to know.

Re: Conflicting laws in the penel code?

Posted: Mon Jul 30, 2012 6:57 pm
by rm9792
Agenda may have been the wrong word. Long day, tired.