NEW Texas CHL CATCH 22 BEWARE!

[DJ...]

Here is the situation:

CHL and Spouse are in a 51% bar.
CHL is not drinking.
CHL and Spouse are seated by front door entrance.
CHL's vehicle is right outside the front door entrance.
CHL's gun is in vehicle.
Spouse uses restroom which is in the back of the bar. (As most bathrooms are)
Perpetrator comes into the bar and begins shooting.
Perpetrator is between spouse and CHL.
Distance between CHL & CHL's vehicle is shorter than the distance between CHL and Spouse in restroom.

Option #1 CHL gets gun out of vehicle, returns into 51%bar and stops perpetrator. CHL has now committed a 3rd Degree Felony by entering a 51% bar with a firearm.
Option #2 CHL tries to reach bathroom and take spouse to safety. CHL, spouse, employees and customers remain in danger unless they are able to retreat.
Option #3 CHL uses his pepper spray and gives perpetrator a skin rash.
Option# 4 CHL retreats to vehicle and waits for perpetrator to exit premises then stops perpetrator. Spouse, employees and customers don't exit 51% bar because they all got shot.

Can anyone else see the Catch-22 here?

My suggestion:
Tell Texas Senators, Representatives, Congressmen-women and everyone else you know that we want CHL's to be able to carry in 51% bars if they are not drinking or not intoxicated.

Any suggestions are welcome.

[Carry-a-Kimber]

Option #5 Shoot perp through a window.

[snatchel]

Option # 6- Avoid the bars and drink your cold-beer at home.

[apostate]

Can anyone else see the Catch-22 here?

I read the book and don't see one here.

If you don't want to disarm, don't go to recreational venues that make you disarm. Easy peasy Japanesey.

Alternately... Option #7: Keep a shotgun or rifle in your vehicle.

[Greybeard]

http://law.onecle.com/texas/penal/9.22.00.html" onclick="window.open(this.href);return false;

[Kythas]

To be serious, I doubt any cop would arrest anyone who retrieved his weapon from his car to stop an active shooter, even if said shooter was in a bar.

If the person were arrested, I don't see a Grand Jury indicting.

If a Grand Jury did indict, I don't see a jury convicting.

[speedsix]

...Penal Code provides a little gem called Necessity...PC9.22...


...also, now, the 51% posting must be correctly posted under 46.035(k)...that might be a help

[SigM4]

Wait, how is this new? The 51% law has been on the books forever. Also I find it hard to believe that you'd be prosecuted if it was proven you went to your vehicle and got your firearm (in response to a deadly threat) and then returned to the bar to stop the threat. All that said, yeah, I think I'll just drink my beer at home, its cheaper and I don't have to put up with drunks.

[DJ...]

I like the shoot through the window option but the particular bar I frequent has no windows.

Would opening the front door and shooting the the perpetrator while standing outside of the door frame and bar be legal?

Staying at home is probably the safest option but it's kinda of like letting the terrorist win.

[srothstein]

To be honest, I don't thin you would be prosecuted, and I think the defense of 9.22 would apply if you were, even if you had been illegally carrying in the 51% bar anyway IF the way they found out was your stopping an active shooter.

Not in Texas, I just don't see it happening.

[DJ...]

Penal Code 9.22 sounds good to me. Thank you for the suggestion.

[speedsix]

...I just realized...under Option 1, 46.035 wouldn't apply to you...you weren't carrying under Subchapter H, Chapter 411, Government Code...the handgun was legally in your car under MPA...so what you violated by bringing it in to shoot the perp wasn't 46.035, but 46.02...still a felony...and PC9.22 would still cover you...what say you, srothstein???

[srothstein]

Speedsix, that is hard to say. The MPA technically did not apply as soon as he left the vehicle with it. But since he did not ever get it concealed, it could go under either 46.02 or under 46.035.

But I do agree on the necessity defense either way.

[texas-sig]

Option # 6- Avoid the bars and drink your cold-beer at home.

Exactly what i was thinking, or go to a restaurant that isn't 51%.

[goheeled]