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There is a statute that states something to the effect of, if a person, not licenesed to carry a weapon, uses deadly force, and the use of deadly force was justified, then the actor will not be charged under the UCW statute. In other words, if you blow some knothead away that despartely deserved it, then you will be a hero.

dac1842 wrote:There is a statute that states something to the effect of, if a person, not licenesed to carry a weapon, uses deadly force, and the use of deadly force was justified, then the actor will not be charged under the UCW statute. In other words, if you blow some knothead away that despartely deserved it, then you will be a hero.

According to my instructor even if you were justified in shooting with a CHL you will still be arrested, charged, post bail, an go before a grand jury etc.., Remember you did kill someone it is not the job of the police to decide your guilt or innocence that is for the courts. So your shot to save a life may be worth it but everything else is in the big question do you have the $$$$$ to prove you are innocent?

dac1842 wrote:There is a statute that states something to the effect of, if a person, not licenesed to carry a weapon, uses deadly force, and the use of deadly force was justified, then the actor will not be charged under the UCW statute. In other words, if you blow some knothead away that despartely deserved it, then you will be a hero.

Please cite that statute.

And 9.22 doesn't count because habitual UCW doesn't meet the "immediately necessary" requirement.
Neither does prosecutorial discretion because that's a big gamble.

suthdj wrote:

dac1842 wrote:There is a statute that states something to the effect of, if a person, not licenesed to carry a weapon, uses deadly force, and the use of deadly force was justified, then the actor will not be charged under the UCW statute. In other words, if you blow some knothead away that despartely deserved it, then you will be a hero.

According to my instructor even if you were justified in shooting with a CHL you will still be arrested, charged, post bail, an go before a grand jury etc.., Remember you did kill someone it is not the job of the police to decide your guilt or innocence that is for the courts. So your shot to save a life may be worth it but everything else is in the big question do you have the $$$$$ to prove you are innocent?

Your instructer was not telling the trruth.
You will not always be arrested nor required to post bail. You will almost always be looked at by the Grand Jury, and it will most likely cost some serious money.

suthdj wrote:

dac1842 wrote:There is a statute that states something to the effect of, if a person, not licenesed to carry a weapon, uses deadly force, and the use of deadly force was justified, then the actor will not be charged under the UCW statute. In other words, if you blow some knothead away that despartely deserved it, then you will be a hero.

According to my instructor even if you were justified in shooting with a CHL you will still be arrested, charged, post bail, an go before a grand jury etc.., Remember you did kill someone it is not the job of the police to decide your guilt or innocence that is for the courts. So your shot to save a life may be worth it but everything else is in the big question do you have the $$$$$ to prove you are innocent?

I am sitting here with a Coworker who defended himself during an attempted carjacking killed one BG and the other was apprehended shortly after. He had to go give a statement downtown for some detectives then was released a couple hours later and was no-billed by the grand jury so fast his head spun... (this happend sept 2008 in Houston) not one dollar out of pocket to him he didn't even speak to an attorney (he should have though)..

the only hassle was that they kept his Glock 19 for evidence for 7 MONTHS?!?! to try to put away the surviving gangbanger who will probably only do like 15 years...

that1otherdude wrote:

suthdj wrote:

dac1842 wrote:There is a statute that states something to the effect of, if a person, not licenesed to carry a weapon, uses deadly force, and the use of deadly force was justified, then the actor will not be charged under the UCW statute. In other words, if you blow some knothead away that despartely deserved it, then you will be a hero.

According to my instructor even if you were justified in shooting with a CHL you will still be arrested, charged, post bail, an go before a grand jury etc.., Remember you did kill someone it is not the job of the police to decide your guilt or innocence that is for the courts. So your shot to save a life may be worth it but everything else is in the big question do you have the $$$$$ to prove you are innocent?

I am sitting here with a Coworker who defended himself during an attempted carjacking killed one BG and the other was apprehended shortly after. He had to go give a statement downtown for some detectives then was released a couple hours later and was no-billed by the grand jury so fast his head spun... (this happend sept 2008 in Houston) not one dollar out of pocket to him he didn't even speak to an attorney (he should have though)..

the only hassle was that they kept his Glock 19 for evidence for 7 MONTHS?!?! to try to put away the surviving gangbanger who will probably only do like 15 years...

This is nice to know however I wonder if it is the exception or the rule.

suthdj wrote:

that1otherdude wrote:

suthdj wrote: According to my instructor even if you were justified in shooting with a CHL you will still be arrested, charged, post bail, an go before a grand jury etc.., Remember you did kill someone it is not the job of the police to decide your guilt or innocence that is for the courts. So your shot to save a life may be worth it but everything else is in the big question do you have the $$$$$ to prove you are innocent?

I am sitting here with a Coworker who defended himself during an attempted carjacking killed one BG and the other was apprehended shortly after. He had to go give a statement downtown for some detectives then was released a couple hours later and was no-billed by the grand jury so fast his head spun... (this happend sept 2008 in Houston) not one dollar out of pocket to him he didn't even speak to an attorney (he should have though)..

the only hassle was that they kept his Glock 19 for evidence for 7 MONTHS?!?! to try to put away the surviving gangbanger who will probably only do like 15 years...

This is nice to know however I wonder if it is the exception or the rule.

Probably the rule. At least if the shooting is obviously justified. Most folks would hire a lawyer.

ClarkLZeuss wrote:

srothstein wrote:Texas has a law (Section 9.22 of the Penal Code) called necessity. This says that you are justified in breaking the law if it is necessary to prevent imminent harm and the imminent harm is greater than the harm caused by breaking the law.

Wow, learn something new every day!

Thats just like carrying in a 30.06 establishment, and everyone finding out you had a gun on you after you dropped a bad guy. :)

plannuier wrote:

lws380 wrote:I did not know robberies/attacks/assaults, etc only happened late in the day in Waco. Why not car carry all the time? Hope you get in the CHL class soon. Glad to hear you are doing it!

Good point.

I work from home, so don't get out much during the day. But lately if I go anywhere I find myself taking my PT145 along most of the time. I'm just not too crazy about the idea of leaving it in the car if I have to run into a store. Hoping to take the CHL class on May 8.

This was a BIG concern for me before i purchased a safe box for my car. Granted, if someone had the means and time, they could surely get it open. It at least proves more difficult than opening up your glove box to steal it.

suthdj wrote: do you have the $$$$$ to prove you are innocent?

I thought i was innocent until proven guilt? lol

HA! Don't bank on it...