Search found 3 matches

by Ruark
Mon Mar 20, 2017 8:35 pm
Forum: General Texas CHL Discussion
Topic: Penal Code-Deadly Force on 06/07 Property
Replies: 29
Views: 5147

Re: Penal Code-Deadly Force on 06/07 Property

LucasMcCain wrote:
Ruark wrote:2. No prepaid legal service on the planet will assist you if you use your firearm while carrying illegally. You would be totally on your own.
I asked the President of the service I use this specific question. He said he cannot advocate carrying past a legally binding sign, but that I would most definitely be covered if I had to use my gun in that situation, as long as I was otherwise justified in doing so. He said they will absolutely not refuse to defend someone over a technicality, and they will always side with the member if there's a question about the legality of their actions. I have received this information both in person and in writing.
In that case, my comment "no prepaid service on the planet" was not correct. Thanks.

I'm curious: have you read the terms and conditions of your service membership? I've never seen one that didn't say, in so many words, that they covered you any time you were carrying in a place where you could do so legally. If that's the case with your service, the person you spoke with contradicted the terms of the agreement.
by Ruark
Sat Mar 18, 2017 9:39 pm
Forum: General Texas CHL Discussion
Topic: Penal Code-Deadly Force on 06/07 Property
Replies: 29
Views: 5147

Re: Penal Code-Deadly Force on 06/07 Property

ScottDLS wrote:
Ruark wrote:This doesn't answer the question, but a couple of points:

1. Carrying past an 06 sign isn't "trespassing." It's "carrying past an 06 sign."

2. No prepaid legal service on the planet will assist you if you use your firearm while carrying illegally. You would be totally on your own.
1. Technically it's TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN by the title of the statute.

2. This is a blanket statement that may or may not be true. Is carrying past a 30.06 sign illegal? Yes it is. Is it "carrying your firearm illegally" ? That would depend on your pre-paid legal service. But I'd argue that 46.035 sets out all the Unlawful Carry by LTC offenses. If you carried past 30.06are you "carrying illegally" and will you be defended by your pre-paid legal? I don't know, ask them. You will lose your presumption of reasonableness under 9.31/9.32 if you're carrying past a 30.06, or watering your lawn on the wrong day, when you defend yourself, and the prosecutor thinks to bring it up.
1. It may technically be "trespassing," but if you are caught carrying past an 06 sign, you aren't charged with trespassing, you're charged with something else. If I'm wrong about that, please enlighten me.

2. You're digging in the woodwork here. They will defend you only if you're carrying in a place where you can do so lawfully. They have no choice. If they would defend you if you carried past an 06 and shot somebody, people would just start ignoring 06's. This is based on a long discussion I had with the CEO of a major service.
by Ruark
Sat Mar 18, 2017 2:06 pm
Forum: General Texas CHL Discussion
Topic: Penal Code-Deadly Force on 06/07 Property
Replies: 29
Views: 5147

Re: Penal Code-Deadly Force on 06/07 Property

This doesn't answer the question, but a couple of points:

1. Carrying past an 06 sign isn't "trespassing." It's "carrying past an 06 sign."

2. No prepaid legal service on the planet will assist you if you use your firearm while carrying illegally. You would be totally on your own.

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