TexasCHLforum.com

Hey, I'm still waiting on my chl to be approved, or even acknowledged that I sent in a packet and while I wait I've decided to start keeping my glock 30 or 1911 in my truck. I know its legal to keep concealed in my truck, but I have a situational question.

for some background my dad and I and our crew work late some nights far away from home near cleveland,tx and where we are working there is only one way to get into and out of it.

The situation is, if someone ever starts causing us trouble (ie: wants us dead or in alot of pain) can I retrieve my gun from my truck and be able to use either a show of force or lethal force without going to jail? I would pretty much be in our work area and I know like I couldn't walk out of a supermarket and get the gun and go back in.

If its illegal to be outside of the truck drawing with the gun, if I get it and stand on the steps or in the bed of the truck can I draw? Or even at a gas station, if I'm filling up and someone tries to rob me can I reach in and grab my gun?

I'm sure if it were a life or death situation I would draw and even fire regardless of the consequences, but i'd just like to know.

It's generally legal to carry a rifle or shotgun in Texas. (some exceptions? 46.03. PLACES WEAPONS PROHIBITED)

Pointing the rifle or shotgun at someone is another story but they should have covered that in your CHL class.

boomerang wrote:It's generally legal to carry a rifle or shotgun in Texas. (some exceptions? 46.03. PLACES WEAPONS PROHIBITED)

Pointing the rifle or shotgun at someone is another story but they should have covered that in your CHL class.

they did, but we moved really fast. Also this is a handgun hidden in the center console, if I left a shotgun out in the open i think someone would bust the window and steal it lol.

I want to restate the scenario just to be clear:

• You have a handgun stored in your vehicle.
• You don't have a CHL.
• You are not on your property or business premises.
• You are in a situation where the use of deadly force is justified.
• You retrieve the handgun and end the situation.

IMHO, IANAL, etc., if it is clear to an officer on the scene that the use of force was justified, you would not be arrested or prosecuted for unlawful carry in the state of Texas. I have read about incidents like this many times.

One thing to keep in mind: If the threat is to you, and you can get to your vehicle, you have a means to get away, and the justification for the use of deadly force becomes less clear. You would have to be protecting another person or preventing burglary, arson, or theft or criminal mischief in the night time.

In some states -- Illinois, New York, and New Jersey come to mind -- you probably would be prosecuted for the weapon violation unless you were politically connected.

- Jim

seamusTX wrote:I want to restate the scenario just to be clear:

• You have a handgun stored in your vehicle.
• You don't have a CHL.
• You are not on your property or business premises.
• You are in a situation where the use of deadly force is justified.
• You retrieve the handgun and end the situation.

IMHO, IANAL, etc., if it is clear to an officer on the scene that the use of force was justified, you would not be arrested or prosecuted for unlawful carry in the state of Texas. I have read about incidents like this many times.

One thing to keep in mind: If the threat is to you, and you can get to your vehicle, you have a means to get away, and the justification for the use of deadly force becomes less clear. You would have to be protecting another person or preventing burglary, arson, or theft or criminal mischief in the night time.

In some states -- Illinois, New York, and New Jersey come to mind -- you probably would be prosecuted for the weapon violation unless you were politically connected.

- Jim

Your opinion is incorrect...at least in my case. In 1998 this exact scenario happened to me. I spent two days in jail...15,000 dollars to cover my end of the bond. The attorney cost me $2,500.00 bucks. Case was no billed. Quite frankly, if anyone believes they are going to use a weapon in self defense and just walk off as the crowd cheers for the "hero", they are in for a very unpleasant surprise. Maybe in some cases you get to walk, but not in all cases. Be prepared for the worst and you won't get caught unprepared. Oh yeah...almost forgot. Lost my Sig 226 to law enforcement as icing on the cake.

What can I say, except I'm sorry that it happened. Can I ask which county this was in and what you were charged with?

- Jim

seamusTX wrote:What can I say, except I'm sorry that it happened. Can I ask which county this was in and what you were charged with?

- Jim

Dallas County. 2 counts of A/A and A/M. Like I said....both were no billed. DA told my attorney it was one of the worst cases of injustice he had ever seen cross his desk. My attorney and the bail bonds company both told me how terrible it was that I was even arrested...but neither felt bad enough about it to issue a refund.

I need to get it expunged from the record, but that will cost me another 700 bucks or so to have an attorney handle it. I will get it done eventually, just not right away.

Was that the same DA that charged Gordon Hale?

- Jim

seamusTX wrote:One thing to keep in mind: If the threat is to you, and you can get to your vehicle, you have a means to get away, and the justification for the use of deadly force becomes less clear. You would have to be protecting another person or preventing burglary, arson, or theft or criminal mischief in the night time.

- Jim

I don't know about you, but even when I'm rushing, it takes me a while to dig my keys out of my pocket, find the ignition, crank the car, get in in drive and take off. Much more time than it takes to open my center console and grab my gun. I can only imagine that time would increase greatly in a stressful situation. I would say the difference could amount to as much as 7-10 seconds, which is plenty of time for a BG to do his work. Whether a jury or DA would take that into account is questionable, but I think you could definitely make a good case.

I couldn't tell you if it was or not. Got my date wrong though. It was 1999 not 1998. Exercising our right of self defense can be quite expensive, as I learned.

03Lightningrocks wrote:I couldn't tell you if it was or not. Got my date wrong though. It was 1999 not 1998. Exercising our right of self defense can be quite expensive, as I learned.

Better broke than dead. You can always get more money.

agbullet2k1 wrote:I don't know about you, but even when I'm rushing, it takes me a while to dig my keys out of my pocket,...

I clip my key and door opener to my belt loop. My wife prefers to carry hers on an elastic bracelet.

You are right that a hostile DA could make the case to a grand jury (which is his privilege) that you could have gotten away. Fortunately, there aren't a lot of hostile DAs in Texas these days. Even the lately unlamented Mr. Rosenthal was fair to legitimate defenders, IMHO.

- Jim

seamusTX wrote:I want to restate the scenario just to be clear:

• You have a handgun stored in your vehicle.
• You don't have a CHL.
• You are not on your property or business premises.
• You are in a situation where the use of deadly force is justified.
• You retrieve the handgun and end the situation.

IMHO, IANAL, etc., if it is clear to an officer on the scene that the use of force was justified, you would not be arrested or prosecuted for unlawful carry in the state of Texas. I have read about incidents like this many times.

One thing to keep in mind: If the threat is to you, and you can get to your vehicle, you have a means to get away, and the justification for the use of deadly force becomes less clear. You would have to be protecting another person or preventing burglary, arson, or theft or criminal mischief in the night time.

In some states -- Illinois, New York, and New Jersey come to mind -- you probably would be prosecuted for the weapon violation unless you were politically connected.

- Jim

like my instructor said then, if you can justify you were in fear of your life or another's then you don't have much to worry about in Texas.

I just want to make sure of things because I take pride in my clean record and would really hate to put a blemish on it.

agbullet2k1 wrote:

03Lightningrocks wrote:I couldn't tell you if it was or not. Got my date wrong though. It was 1999 not 1998. Exercising our right of self defense can be quite expensive, as I learned.

Better broke than dead. You can always get more money.

That was how I saw it too.

03Lightningrocks wrote:. Oh yeah...almost forgot. Lost my Sig 226 to law enforcement as icing on the cake.

How did you manage to lose your weapon if you were "No Billed"?