RoyGBiv wrote: ↑Sat Jul 23, 2022 6:48 am
carlson1 wrote: ↑Sat Jul 23, 2022 5:18 am
Second question. If you are in Texas and you pass a 30.06/30.07 sign because you simply just missed it. Then you had to use your gun to stop a killer how will that scenario likely to play out in the aftermath.
I am not a lawyer. This my opinion, not legal advice.
On this question, I believe the two questions would be separate, but, I also believe it would depend on jurisdiction of the incident. Would likely be handled differently in Austin vs Tyler, for example.
A legally justifiable defensive gun use is still legally justifiable, even if the person defending was in a place that prohibited guns. The defender could still be prosecuted to the extent that 30.05/06 provides for prosecution of violators.
Again, my opinion only.
I agree that it depends heavily on the jurisdiction you are in for real world actions, but the law covers you either way. If you are legally justified in the shooting, you should (IMO) be legally covered against the 30.06/07 charge using the defense of necessity (PC 9.22). Obviously, I am not a lawyer and may be misapplying this law.