TexasCHLforum.com

e-bil wrote:The McDonald's case while the media has had a field day with it was actually a valid product safety case. It came out in trial that the coffee was stored and served at around 190 degrees which is capable of causing very severe burns and was much higher than the standard that McDonald's used.

Correct, and the manager had wired around a faulty thermostat so the burner was always fully on. There's a lot more to the story than the media disclosed.

Chas.

Ameer wrote:

Grammy wrote:3. Granted immunity from civil liability for the justifiable use of deadly force. (This is not immunity from suit; that would be unconstitutional.)

Is there anyway you can explain this part further?

Here's how I understand it. I can sue you for wrongful termination even if I never worked for you. The suit should be tossed out but I have the right to sue.

Correct, and the judge would likely award the defendant his/her defense costs since the suit would be so frivolous.

Chas.

aschumann wrote:What if he was on my (or someone elses) property legally (as a guest) could he carry? Would that be up to the discretion of the property owner?

Thanks for the information so far.

It wouldn't be legal unless your property was one of the locations that fit the exceptions. For example, hunting or shooting ranges.

Chas.

Welcome to the forum.

If I understand your friend's position, he believes the Texas version of the "Castle Doctrine" allows him to carry a handgun anywhere without a CHL. That's wrong. To carry a handgun outside your home, business or car, or other places that come within the scope of statutory exceptions (ex. hunting, shooting range), you must have a Texas CHL or a carry license recognized by Texas.

The "Castle Doctrine Bill" accomplished three things:

• 1. Created a presumption that someone using deadly force reasonably believed deadly force was immediately necessary if the person against whom deadly force was used:
  • a. Unlawfully and with force entered, attempted to enter, or attempted to remove you from your occupied home, business or car; or
    b. Was attempting to commit certain violent crimes.
  2. Removed the retreat duty anywhere in the State, so long as you:
  • a. Are legally standing where you are when deadly force is used;
    b. Did not provoke the person against whom deadly force was used; and
    c. Are not engaged in criminal activity at the time deadly force was used.
  3. Granted immunity from civil liability for the justifiable use of deadly force. (This is not immunity from suit; that would be unconstitutional.)

A thorough discussion of the Texas version of the Castle Doctrine is far too long for a post.

The Motorist Protection Act changed Texas law such that is is not illegal to have a handgun in your car, or a car under your control, if:

• 1. It is not in plain view;
  2. You are not engaged in criminal activity other than Class C traffic violations;
  3. You are not a member of a criminal street gang as defined in Chapter 71 of the Texas Penal Code; and
  4. You are not prohibited from possessing firearms under state or federal law.

Chas.