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by txinstructor
Thu Mar 20, 2014 11:43 pm
Forum: Instructors' Corner
Topic: Explaining Penal Code 9.21 Public Duty
Replies: 21
Views: 3938

Re: Explaining Penal Code 9.21 Public Duty

No disagreement with the quick and dirty explanation above. I also come at it from a little different direction.

"...the conduct is required or authorized by law...", "...specifically required by statute..."

In general a private citizen is not required by law to use force. LEOs have a duty to the public, and in carrying out that duty a LEO may be required to use force. A CHL holder does not have that duty. I see this section as a good opportunity to make the point that carrying a concealed handgun doesn't make us law enforcement officers. If we see a crime taking place we may or may not feel a moral obligation to help, but we have no legal duty to do so.

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