TexasCHLforum.com

Reading this, your heart just sinks.

I'm new to CHL (45yo), and have been spending a LOT of time trying to make sure I FULLY understand not only the law, but how it applies in different -real life- scenarios. I've never even been close to breaking the law, and don't want to start now.

In this case, my thoughts are.....The CHL holder did not choose to draw on the robbers as his first reaction. His FIRST reaction was to try to flee the store, I'm guessing at which point he would be able to call Police. He tried to do this, and found the front door had been locked by the armed robbers. At this point, the robbers have now trapped him, he has no chance of escape, and the armed robbers are holding a gun to the head of the clerk making demands. Holding a gun to a third parties head constitutes threat of deadly force, and the armed robbers actions up to this point lead me to believe there is a good chance they will act on their threat. The CHL holder now has only two options.

1. Do not draw your weapon and hope the armed robbers do not follow thru with their threat. Body language of the robbers, and their actions up to this point are all you have to go on. If you are correct by NOT drawing your weapon, the robbers get their money and leave. If you are wrong, the event will play out with the armed robbers shooting the clerk in the head, before turning their weapons on the CHL holder. Will the CHL holder be able to pull his weapon and defend himself in time? But, by waiting until after the clerk has been shot in the head, the CHL holder will now be relieved of any doubt as to the armed robbers intention.

2. Draw your weapon and attempt to save the life of the threatened third party, and your own life. Body language of the robbers, and their actions up to this point are all you have to go on. My understanding of Texas law is, I have the right to use deadly force against an armed robber who is holding a handgun to the head of a clerk in the midst of an armed robbery. However, I put -myself- at risk if I hurt or kill an innocent person should it be found I acted in a wreckless manor, correct? So, what is wreckless? From what little fact I know about this case, the CHL holder most likely felt that the cashier was in IMMEDIATE risk of being shot in the head by one of the two armed robbers. If the CHL holder fired to try and save her life, and she dove one way or the other upon hearing the first shots and was hit......Then I personally see this as an awful tragic event where the actions of the two armed robbers caused this young ladies death. I agree with earlier comments that it could have just as easily been a SWAT team member, or a police officer.

Final thought.....This CHL holder now has to live the rest of his life reliving that moment over and over. I can not imagine. BUT....it could have just as easliy gone the other way. What if he stood there, knowing he was armed, and chose to do nothing.....and the armed robbers blew that young ladies head off. Even if they didn't not kill the CHL holder, can you imagine having to live with THAT every day? This man was in a horrible, no win situation, and NONE of it was his making.

I look forward to the wisdom of the forum, as I admit I am here to learn.