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I am waiting on my chl all the paper work is done just waiting on the state.
I took my wifes car to get the oil changed and washed yesterday. I go there regularly and I am known by name. I was talkin to a friend in the waiting room when they called my name to get my car it was ready. I was finishing my conversation when a random dude starts waltzing up to my car. So I take off for the car and get there the same time the random did he asked if he could help me. At that point I'm close to fumeing I told him to get away from car he responded that it was his car. Now I'm mad and unarmed I know this can go south quick. I told the dude very firmly to get away from car in such away to draw attention. By now a mechanic is headed my way with a rather large pry bar he knows both me and the car and knows the other dude does not belong. Right about the time the pry bar gets to me dude starts to change his story and low and behold Harris county so pulled in. I guess an employe called the cop seperated us we all told our story the officer told me to leave after checking that the car belonged to me and CUT the other guy loose. That really chaps my hide guy tried to steal my car that I worked my hindham off for and he just let him walk. I didn't need my gun but I shure would have felt a lot better knowing I had it if I needed it.

Two things that NEVER go together is a CHL and a temper. I know it is enough to make you mad and would have me. What I have had to train myself to do is completely control my temper. One way to do this is to pay attention to what is going on around you and avoid the situation before it even begins to take place. If your keys were in your car or it was unlocked you should have ended your conversation at the moment you found out the car was ready and gone to it. No hesitation or few more words of conversation. We know these jerks are out there and it is on US if we don't prevent their ability to steal from us. Sometimes we have less control over that that most times when we can lock our doors and keep the keys with us. Yes, leaving a conversation is a bit rude but you can explain to your friend later what you were concerned with. It took my wife some time to understand why I do things like that but she did and now we are fine. It is necessary to exercise self-control and I know you understand that. Pulling a gun or shooting someone over property is something you have to decide for yourself. You will have to live with the emotional consequences if not only the financial and legal ones.

When I first started carrying I was a hot head but realized the CHL puts me in a position of power. I have the advantage and do not need to get upset. If I misuse my power because of my emotions I will destroy myself. If I use that advantage of being aware of my surroundings and controlling potential problems before they get too far I have saved myself problems as well as the slug that is trying to do his/her thing. And yes, I get mad but it is after the situation is resolved and I do not let my anger cause me to do dumb things. I know you know this and am just reminding you of the severity of reaction for any reason other than justified ones. The last thing any good person wants to do is have to hurt or destroy someone else. I realize that more as I get older and it has really reshaped my opinion of what has value enough for me to pull and fire. That is my choice and it is a good idea for you to really think about what point you are willing to go to before you are willing to react with deadly force. Whatever that point it is better to decide now so you have no hesitation if it is ever necessary. Just my opinion.

A lot of things coming together there at once in that situation. Agreed 100% with controlling the temper part. Too easy to lose control of the situation if emotions are running hot.....

I don't, however, believe that having a CHL and being armed puts me in a position of power. I believe it gives me the opportunity to protect myself and my family, but does not necessarily give me the upper hand. It is a valuable tool at my disposal.

Glad everything worked out OK and no one got hurt....

shootthesheet wrote:Two things that NEVER go together is a CHL and a temper...

lonewolf wrote:A lot of things coming together there at once in that situation. Agreed 100% with controlling the temper part. Too easy to lose control of the situation if emotions are running hot.....

I don't, however, believe that having a CHL and being armed puts me in a position of power. I believe it gives me the opportunity to protect myself and my family, but does not necessarily give me the upper hand. It is a valuable tool at my disposal.

Glad everything worked out OK and no one got hurt....

I agree for the most part, but with added responsibility comes added power. Having a CHL is definately an added responsibility.

Responsibility and power are directly proportional IMHO. Take for instance any individual in the military. As we advanced we had added responsibility as well as added power.

As far as the anger thing go's I'm one of the most layed back guys you could ever meet I think the gall of the guy hacked me off more than anything.
I never once in the situation felt I needed a gun but it could have turned there quickly was my point on that Im glad it wasn't needed and that ended peacefully.

Jbird5363 wrote:I guess an employe called the cop seperated us we all told our story the officer told me to leave after checking that the car belonged to me and CUT the other guy loose. That really chaps my hide guy tried to steal my car that I worked my hindham off for and he just let him walk.

Arrested on what charges? He didn't steal the car. He didn't damage the car. None of his body parts entered the car.

If the employees were on the ball, they should have had the cop do a trespass warning on the guy, so he can be arrested if he ever comes back, but he still gets to walk this time.

Tacticool,

When the suspect claimed it was his car, he was attempting to steal the car. Criminal attempt is any act taken in furtherance of a crime that does not tend to complete the crime. So, he could have been arrested and charged for a attempted theft of a motor vehicle. Depending on the combination of the value of the car, the age of the owner, and the suspect's prior convictions, this attempt could be a second degree felony in and of itself.

I don't know if the police officer thought the DA would be able to get a conviction or not, since we don't know what the BG said to the officer or what the witnesses might have heard. without some corroboration of the statement by the BG that the car was his and his attempting to scare the person off, I doubt the officer thought he had a case that would fly. By the charge is there for him to use if he can.

srothstein wrote:When the suspect claimed it was his car, he was attempting to steal the car. Criminal attempt is any act taken in furtherance of a crime that does not tend to complete the crime. So, he could have been arrested and charged for a attempted theft of a motor vehicle. Depending on the combination of the value of the car, the age of the owner, and the suspect's prior convictions, this attempt could be a second degree felony in and of itself.

Would the same principle apply to someone trying a door handle to see if it's unlocked?
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That would be very different at my place as my garage is behind the house. Legally I could shoot I would have a hard time doing so a radio is not worth a life. I would have more of a problem with them being there than anything. Like I said different situation.

boba wrote:

srothstein wrote:When the suspect claimed it was his car, he was attempting to steal the car. Criminal attempt is any act taken in furtherance of a crime that does not tend to complete the crime. So, he could have been arrested and charged for a attempted theft of a motor vehicle. Depending on the combination of the value of the car, the age of the owner, and the suspect's prior convictions, this attempt could be a second degree felony in and of itself.

Would the same principle apply to someone trying a door handle to see if it's unlocked?

In theory the same principal applies. The problem is in the various sections of the law. It is not illegal in Texas to just enter a car or house. To be a crime requires a few more elements, such as the intent once inside for burglary or the knowledge that it was without the consent of the owner for trespass. Proving these elements can be harder than it is when someone states "this is mine" when it really wasn't.

But if you can prove them, then the attempt law applies. A simple way to prove it is to look at what they are carrying. For example, if you catch the kids trying the car door, and they have a screwdriver and wire cutters with them, I can probably get the DA to sign off on an attempted burglary of a vehicle. I might even be able to add the possession of criminal instruments charge, but that is less likely sometimes (DAs are not all internally consistent on what they accept - they know how juries have ruled int he past more than I do).

I get real antsy at the car-wash for the very same reason.

lonewolf wrote:A lot of things coming together there at once in that situation. Agreed 100% with controlling the temper part. Too easy to lose control of the situation if emotions are running hot.....

I don't, however, believe that having a CHL and being armed puts me in a position of power. I believe it gives me the opportunity to protect myself and my family, but does not necessarily give me the upper hand. It is a valuable tool at my disposal.

Glad everything worked out OK and no one got hurt....

The "power" I have is that over a criminals actions. Basically, "power" is choice where a person without a legally carried gun does not have and the criminal is not aware of. I have the legal power to choose whether to stop a criminal act in any given situation or not.

I believe a legally carried gun does give us the upper hand but my view is if I am going to pull my gun I am going to use it to stop a crime where legally allowable by law. No words or threats or warnings that would give that power away needlessly. It is either legally a deadly force situation or it is not. The only decision is if the crime rises to the point I believe living with the consequences is worth using that deadly force.

Jbird5363 wrote:As far as the anger thing go's I'm one of the most layed back guys you could ever meet I think the gall of the guy hacked me off more than anything.
I never once in the situation felt I needed a gun but it could have turned there quickly was my point on that Im glad it wasn't needed and that ended peacefully.