TexasCHLforum.com

Lucky45 wrote:

PC §42.01. DISORDERLY CONDUCT.
(a) A person commits an offense if he intentionally or knowingly:(7) discharges a firearm in a public place other than a public road
or a sport shooting range, as defined by Section 250.001, Local
Government Code;(9) discharges a firearm on or across a public road;

(e) It is a defense to prosecution for an offense under Subsection
(a)(7) or (9) that the person who discharged the firearm had a reasonable
fear of bodily injury to the person or to another by a dangerous
wild animal as defined by Section 822.101, Health and Safety Code.

Health and Safety Code§ 822.101. DEFINITIONS. In this subchapter:
(4) "Dangerous wild animal" means: (A) a lion; (B) a tiger; (C) an ocelot;(D) a cougar; (E) a leopard;(F) a cheetah; (G) a jaguar;(H) a bobcat; (I) a lynx; (J) a serval; (K) a caracal; (L) a hyena; (M) a bear;(N) a coyote; (O) a jackal; (P) a baboon; (Q) a chimpanzee; (R) an orangutan; (S) a gorilla; or T) any hybrid of an animal listed in this subdivision.

My question is suppose you are faced the scenario where you or a family member is attacked by a vicious pitbull and being mauled. If your decide to draw your weapon and use it due to the animal's death grip , what would you face as a CHL holder? Since this mauling scenario happens on a regular basis.

1. According to the above Health Code, a pitbull is not considered a dangerous wild animal.

2. Therefore, according the penal code, you could be charged with disorderly conduct because you wouldn't have any defense to prosecution.

3. Doesn't this open up a loophole for a determined dog owner who pursues this further if they claim you killed their dog when you had no authority?