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if i am carrying two guns, can i give one away to help
Posted: Thu Jul 14, 2011 12:54 pm
by roff
defend myself/ourself?
lets say i am walking out to the parking lot (from the mall or grocery store) with a friend (non felon/non chl), and we are followed out by 2-3 guys with knives out trying to rob us. am i allowed to give a gun to my friend (who is proficient with firearms) to help defend ourselves?
Re: if i am carrying two guns, can i give one away to help
Posted: Thu Jul 14, 2011 1:00 pm
by Teamless
IANAL but, my answer is if deadly force is justified you can pass a weapon to a person near you to use to defend or stop the attack. (regardless of felon / non-felon)
Re: if i am carrying two guns, can i give one away to help
Posted: Thu Jul 14, 2011 1:23 pm
by Tamie
I can't think of any law you would be breaking.
Re: if i am carrying two guns, can i give one away to help
Posted: Thu Jul 14, 2011 2:15 pm
by Kai
Agree with previous posters. Even if there were a prohibiting law in place, remember that the actual outcome in court will depend on your attorney, the prosecutor and the jury. If you felt like your last resort was to pass a firearm to someone in order to save a life, for instance, you would probably have a fairly strong case in court.
Personally, if the only way to save my life or that of my family, was to pass a gun to Charles Manson so he can help me put up a defense, I would probably do it and just deal with whatever consequences there were later. Risking a the possibility of sitting in Hunstville later is better than being dead right now - at least for me.
Re: if i am carrying two guns, can i give one away to help
Posted: Thu Jul 14, 2011 6:28 pm
by WildBill
roff wrote:defend myself/ourself?
lets say i am walking out to the parking lot (from the mall or grocery store) with a friend (non felon/non chl), and we are followed out by 2-3 guys with knives out trying to rob us. am i allowed to give a gun to my friend (who is proficient with firearms) to help defend ourselves?
No problem, IMO. Just make sure you get it back.
Re: if i am carrying two guns, can i give one away to help
Posted: Sun Jul 17, 2011 12:56 pm
by PracticalTactical
I don't see where they could peg the guy with the CHL with a violation, but an equally important question in the discussion should be whether the friend would get in legal trouble.
I would think in a gun-friendly place, they wouldn't charge him with anything, but in a place unfriendly to guns they might try and charge him with violating 46.02.
Thoughts?
Personally if I were the friend I'd rather get charged with violating 46.02 than be killed, but it's definitely worth looking into this deeper to further our understanding of Texas law.
Re: if i am carrying two guns, can i give one away to help
Posted: Sun Jul 17, 2011 4:53 pm
by KDD
I would do what is needed for both of us to survive.