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Return to “Would I need a lawyer?”
- Thu Feb 10, 2005 1:03 pm
- Forum: General Texas CHL Discussion
- Topic: Would I need a lawyer?
- Replies: 86
- Views: 21731
- Mon Jan 10, 2005 6:33 pm
- Forum: General Texas CHL Discussion
- Topic: Would I need a lawyer?
- Replies: 86
- Views: 21731
Let me start off by saying I'm not a lawyer - and I don't play one on the internet- ( I stole that from someone on this forum, I think).
But, I have studied this alot, taken some training courses and I did sleep in a Holiday Inn last night :D
If you're involved in a shooting - even a justified one, and you are not arrested on the spot (not sure what the procedure is), there is still the very good chance of civil action against you from the deceased' immediate family or relatives. You can expect about a 100% chance that you will get sued by them.
And by the way: during this hypothetical justified shooting if any third party innocent by-standers were hit or killed by a stray shot from you - Texas law does not provide any protection and you will be charged with their injury. If the third party dies I imagine the charges would include at least wrongful death or negligent homicide. This is a good reason to be absolutely sure of your target if things go downhill in a big way. At T.Ranch Heidi Smith likes to say "every bullet that leaves your gun has a lawyer attached to it". Also, be very sure of any situations you happen upon where you "assume" you know who's the good guy and who is the bad guy. A good rule of thumb is if you or your loved ones are not immediately in danger, call the police. And also, you should already have an idea in your mind regarding what instances you would use your weapon to take someones life. Remember a CHL is a license to carry a gun, not a license to use it.
You must be familiar with Texas law. There are many scenario's in which you may be in a situation where if you have the chance to de-escalate it (back-down) or retreat - and you do not, because you "know" that "you" have a gun on you- the jury will take this into account and it will not be good for you. For instance if you were threatened and you can drive off in your car but you decide to step out and escalate the confrontation to where you have to use your gun to stop a threat that you could have just driven away from, you are in BIG trouble. There are some exceptions, notably the "castle doctrine" which relates to the physical inside of your home. In a nutshell: there is no legal requirement to retreat once inside your own home.
Part of the responsibility of carrying is using good judgement in the first place. Get some training. It just may help you avoid getting into a position that you have to shoot your way out of.
Bottom line: a relationship with a good attorney beforehand with his phone number in your wallet would be a really good idea.
Sorry if I rambled or gave you a little more info than you wanted to hear.
But, I have studied this alot, taken some training courses and I did sleep in a Holiday Inn last night :D
If you're involved in a shooting - even a justified one, and you are not arrested on the spot (not sure what the procedure is), there is still the very good chance of civil action against you from the deceased' immediate family or relatives. You can expect about a 100% chance that you will get sued by them.
And by the way: during this hypothetical justified shooting if any third party innocent by-standers were hit or killed by a stray shot from you - Texas law does not provide any protection and you will be charged with their injury. If the third party dies I imagine the charges would include at least wrongful death or negligent homicide. This is a good reason to be absolutely sure of your target if things go downhill in a big way. At T.Ranch Heidi Smith likes to say "every bullet that leaves your gun has a lawyer attached to it". Also, be very sure of any situations you happen upon where you "assume" you know who's the good guy and who is the bad guy. A good rule of thumb is if you or your loved ones are not immediately in danger, call the police. And also, you should already have an idea in your mind regarding what instances you would use your weapon to take someones life. Remember a CHL is a license to carry a gun, not a license to use it.
You must be familiar with Texas law. There are many scenario's in which you may be in a situation where if you have the chance to de-escalate it (back-down) or retreat - and you do not, because you "know" that "you" have a gun on you- the jury will take this into account and it will not be good for you. For instance if you were threatened and you can drive off in your car but you decide to step out and escalate the confrontation to where you have to use your gun to stop a threat that you could have just driven away from, you are in BIG trouble. There are some exceptions, notably the "castle doctrine" which relates to the physical inside of your home. In a nutshell: there is no legal requirement to retreat once inside your own home.
Part of the responsibility of carrying is using good judgement in the first place. Get some training. It just may help you avoid getting into a position that you have to shoot your way out of.
Bottom line: a relationship with a good attorney beforehand with his phone number in your wallet would be a really good idea.
Sorry if I rambled or gave you a little more info than you wanted to hear.