CHL in Home-Based Child Care

[beefmobile]

I was thinking through a few scenarios when I wondered what legalities would come into play if I had to use my weapon at a home-based child care facility. Now, in Texas, you can start your own child care 'facility' out of your home, and, from what i understand, most of them don't open a 'business'. They're not certified or registered by the state (which is kind of scary), but the state does run a background check on everyone living in the home. My ex-wife recently enrolled our two children in this type of facility, and i am mostly confident it is adequate child care. The lady is very nice. However, she was pretty surprised when i asked where i could find her on the state's website, then i asked to see her drivers license to verify her name. Both checked out. If i had it my way, they would be at a school-type facility. Anyway:

My question comes in when, lets say there's a mad boyfriend/husband, intruder, or any other type of threat present when I happen to show up. For example, lets say the husband has a bad day at work and starts a confrontation, then gets macho because it's his house, it gets out of hand, and a couple of rounds are fired.

Would castle doctrine come into play? I'm speaking in the sense of the home owner. Would I be at a legal disadvantage because I was inside the "victim's" home? They do not know I have a CHL, much less that I carry, nor will they ever know.

*Of course leaving, calling 911, and defusing the situation should come first. I'm speaking on the assumption that it goes too far, too quickly.

[beefmobile]

Ah, come on guys. Somebody's got to have an opinion.

[Birdie]

I dunno. I think you have too many ifs floating around above to form an opinion. The business isn't posted, I carry. Someone threatens my kids, and I can't evacuate the area or talk them down, I shoot them. The rest will sort itself out later.

I find the possibility of this happening miniscule, though; unless there is something else that causes you to worry about this situation occurring? In which case I would make other arrangements.

[RoyGBiv]

Daycare as you describe yours, is, IN MY OPINION, not a "school"..

Suggest you read all of "PC §46.03. PLACES WEAPONS PROHIBITED"
http://www.txdps.state.tx.us/InternetFo ... CHL-16.pdf" onclick="window.open(this.href);return false;

I am not a lawyer. This is just my personal opinion, NOT legal advice.

[RoyGBiv]

Ah, come on guys. Somebody's got to have an opinion.

Did you try search?

viewtopic.php?f=7&t=23353" onclick="window.open(this.href);return false;

[beefmobile]

the post wasn't to ask if carrying was legal. The post was to propose if USING a weapon in someone else's home, because it is the day care, would put me at a legal disadvantage.

[tbrown]

None of us can predict what a jury will decide but 9.31(e) should apply.

A person who has a right to be present at the location where the force is used, who has not provoked the person against whom the force is used, and who is not engaged in criminal activity at the time the force is used is not required to retreat before using force as described by this section.

However, if deadly force is "immediately necessary" to save my life, any legal concerns are secondary in that moment.

[91wm6]

I'm gonna say it would be very difficult to prove the "shoot" was a good one. It will most likely be your word against the word of the "victim" , and most likely their spouse/girlfriend will corroborate their version of the incident. If it went to trial I think a jury would probably disapprove of you shooting a man in his own home regardless of the reason... and don't forget this home would likely be full of children, and you are responsible for every single bullet fired from your gun. I guess it's within your rights legally to defend yourself with a firearm in this situation, but ethically and morally it may be the wrong thing to do...

[Kythas]

I guess it's within your rights legally to defend yourself with a firearm in this situation, but ethically and morally it may be the wrong thing to do...

Why would self defense EVER be "ethically and morally" wrong?

[SewTexas]

OK....I'm going to butt in here....

*on the 1 hand you might have a very bad situation where someone has pulled a gun in a situation and you might feel the need to pull a gun and defend yourself and your kids....ok, probably perfectly legal....
*on the other hand...the might be a room full of terrified kids who are probably not exactly perfectly still and tractible...I for one would not want to shoot in such a situation
*on another hand (yes there a lot of sides to this situation) you have got to make darn sure that IF you shoot there is NO other choice....that image will be in those kids minds for the rest of there lives.
*on yet another hand...actually, I'm probably done I've worked child care more years than I care to count, one night I even managed to hide the fact from the kids that the Peter Piper next door was being robbed and I'd seen the guy breaking in.

[TexasGal]

Back when I took in a few kids for childcare, the licensing depended on how many kids I watched and the ages. That may be why you find some people not listed on the state's website. I firmly believe most people caring for kids in their homes are ok, but there may be more room for abuse of kids in this situation too. There is often only one adult present and no cameras. You don't really have any control over what other adults are allowed into the home during the day (relatives or friends of the caregiver, etc). This concern may be far more of a possibility than whether or not an angry boyfriend showed up just by chance when you were there picking up/dropping off your child. Just a thought.