Of course. Just ask Charles what his legal fees run!Grammy wrote:Is there anyway you can explain this part further?Charles L. Cotton wrote: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:[/list]
- 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:
2. Removed the retreat duty anywhere in the State, so long as you:
- 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.3. Granted immunity from civil liability for the justifiable use of deadly force. (This is not immunity from suit; that would be unconstitutional.)[/list]
- 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.
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.
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- Wed Mar 23, 2011 6:36 am
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: Castle Doctrine in Texas
- Replies: 20
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