Illegally Carrying but have CHL

[seamusTX]

The law is executed by people. The police can choose not to arrest. The DA can choose not to charge. They often do just that.

- Jim

[Renegade]

There is no clear answer.

You are at the mercy of the police and DA in your area. Many factors will decide what they do.

In NY, Dixon had a justified homicide but was being prosecuted for having the illegal gun.

Goetz also in NY, was acquitted of shootings in his case, but was convicted for illegal weapons possession.

I think the same is true of the folks in The Branch Davidian fiasco.

[srothstein]

Texas has historically, so far, looked at the shooting and not said anything about how the gun got there IF it was a good shoot.

BUT, someone beat me to pointing out Goetz (the subway shooter is how he is usually described) in NY. It is conceivable that this could happen here, especially in an area where the DA is anti-gun or anti-CHL (say Houston or Austin).

But, in a case like you describe, I would worry more about surviving than the court case afterwards. Other circumstances, say getting knocked over and having the gun fall out while near a school function, are much more likely to happen and to get you arrested and charged.

Moral: be very careful when carrying with a CHL and pay attention to your surroundings. Of course, that is probably good advice for anytime and anyplace.

[nitrogen]

While I agree that the law is implemented by people, I'm only pointing out what COULD happen.

If I was on the jury of a 6-time murderer that was out on parole, who shot someone trying to rape his wife, he'd get no billed or found not guilty on all counts by me (including any charge of unlawful posession; as I believe in jurt nullification, but that's another post entirely)

I also realise that not everyone thinks the way I do.

[KBCraig]

The law is executed by people.

Thus the tragedy of laws defining acts as "criminal" when circumstances don't always justify criminal charges.

Never judge a law by how it's intended to be applied by good people; always judge a law by how it could be applied by a corrupt and power-hungry system.

[fiftycal]

In a situation as first described, once the badguy(s) were down and the police got there, I would have chest pains and need to be rushed to the hospital. There I would inform the doctor that I am in no shape to speak with anyone but my lawyer. Said lawyer will be the best in the county in terms of power and media attention.

PS, it's better to be judged by 12 than carried by 6 but keep your mouth shut.

[GlockandLoad]

I used a bar as an example only. I would never carry a gun into a bar. I know for a fact that they are off limits. I should have clarified that better.

I was talking more about missing a sign that was posted. I walk past doors all the time and I don't now if there was a sign posted near it. Granted, when carrying you have to look even harder.

This was a hypothetical question. There might be times where one of us will miss the sign, and something could happen that would cause us to have to use our weapon. You never know right?

I was just wonder what the aftermath could possibly be with the law.

[HankB]

" . . . when tested by breathalyzer, he blew a .04.

Why in the world would our subject consent to a breathalyzer? He wasn't driving a car, was he?

A parade of survivors from the bar, describing how your actions saved their lives, would help if you should be charged. (Assuming it's not a biker gang bar or something . . .)

IANAL, but IMHO fiftycal's response has much to recommend it.

[seamusTX]

IANAL, but IMHO fiftycal's response has much to recommend it.

All you have to do is identify yourself, state the most basic facts ("He tried to kill me and I shot to stop him.") and shut up.

If they're going to arrest you, they'll arrest you when the physician releases you from the E.R.

- Jim

[DoubleJ]

i'm sure more educated folks I will respond in full but my initial impression is...


I'd rather be judged by 12 than carried by 6 any day of the week.

ow, my brain hurts.....

[NcongruNt]

Texas has historically, so far, looked at the shooting and not said anything about how the gun got there IF it was a good shoot.

BUT, someone beat me to pointing out Goetz (the subway shooter is how he is usually described) in NY. It is conceivable that this could happen here, especially in an area where the DA is anti-gun or anti-CHL (say Houston or Austin).

Does the DA in Austin have a history of being anti-gun/anti-CHL? I'm not aware of any instances of this. If you can provide some, I'd be interested to see them.

[fiftycal]

One of the first CHL shootings in Texas happened in Austin. A guy that ran a bar on 6th st. with his girlfriend throws a gangbanger out around 9 pm. They close the bar at 2 am and walk to the car a few blocks away. They find someone has broken into the car and is still inside. The guy pulls his Colt 380 and tells the theif to get out. Turns out to be the gangbanger from earlier in the evening. The banger walks toward the guy with the gun. Girlfriend is on the cell phone to 911. Untypically she gets thru. The banger is now walking away and the CHL guy is walking behind saying "STOP or I'll shoot". This can be heard on the 911 tape. After about three blocks(!) there is a BANG-BANG on the tape. Cops arrive later. CHL guy says he shot him when he reached down and was turning around. Thought he was pulling a gun.

Ronnie Earle, witch hunter of all things Republican, takes the case to THREE grand juries before he gets a true bill. About 18 months and $70000 later the jury returns with a "not guilty" verdict after about 15 minutes.

And the basis for this witch hunt? CHL guy says right after the shooting to the cops interviewing him something like "I wish I hadn't shot him".

And the moral of this story?

IF you are involved in a shooting SHUT UP! Don't talk to ANYONE other than your attorney. I told my students in CHL class to remember that if nothing else.

[RubenZ]

The steps I'd take are safely move my family to where the BG wont get me. Let him do his thing and when the shootings are over tell the stupid owners that you could have been thee with a CCW and stopped it.

That would make a difference imo.

[Photoman]

I used a bar as an example only. I would never carry a gun into a bar. I know for a fact that they are off limits. I should have clarified that better.

I've carried in a bar. Not all bars are off limits.

[nitrogen]

I used a bar as an example only. I would never carry a gun into a bar. I know for a fact that they are off limits. I should have clarified that better.

I've carried in a bar. Not all bars are off limits.

Uhm.
If you mean the bar area of a resturant that's not a 51%, then that makes sense. All 51% establishments are off limits, unless you're working there.