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So you're walking down the street and your completely blindsided by some thug that shoots you and takes your wallet before you have any time to react.

It's a non fatal shot but could quickly turn out that way w/o immediate attention. However you're "in luck" in that you happened to be strolling by a hospital and you still have enough in you to stagger up to the ER. You get to the door and notice a nasty 30.06 sign on the door. You don't have your car so even IF you had it in you to take it back you couldn't.

If you enter in this condition while carrying are you then a felon?

And for the sake of argument you don't have a cell phone and there's no pay phone around.

yup, they're going to haul you to jail. without medical, too. just letcha bleed all over gen pop.

The defense of necessity says that you can perform an act that would otherwise be a crime if by doing so you avoid some greater harm.

Also, it's not a felony to enter a 30.06-posted area with a handgun. It's a class A misdemeanor.

- Jim

In that case I could care less about committing a felony if it saves my life. I can't imagine a DA prosecuting that case (outside of Travis county).

If you can stil speak inspite of the wounds, tell them u have been stabbed. You are also licensed to carry but unfortunately they got you. If your wallet was stolen plus the CHL card, police will sort it out. Your priority is to get help from those wounds.

Odin wrote:In that case I could care less about committing a felony if it saves my life. I can't imagine a DA prosecuting that case (outside of Travis county).

Darn, I'm in Austin :)

(lived in McKinney through middle school & HS btw, Odin, moved there back when it was just 20,000 people :)

atxgun wrote:If you enter in this condition while carrying are you then a felon?

Look at the alternatives; leave it outside, accessible to criminals and children, or pass out from blood loss, leaving it accessible to criminals and children. I'm pretty sure those possibilities would have you covered under PC9.22.

I'd probably offer to give it over to an armed security guard or LEO in the area. Maybe even mention to have one come over, and give him custody of teh weapon if you're really worried about the necessity defense failing you. I'm sure if you've been shot, the cops are coming anyway!

That way you'd at least be able to show a court and a judge you were mindful of the intents of the hospital, even as you lay dying filling out the medical forms to get you into the ER

non-issue. the police or security would hold it once it was discovered by the paramedics and nurses that got you into the emergency room