Right and AFAIK Texas never recognized a "duty to retreat" anyway and it was eliminated in legislation so that a judge or AG couldn't make one up. The law gives you an automatic presumption of justification when you are not committing any other offense, it doesn't eliminate that presumption if you are.bigtek wrote:ScottDLS wrote:It's not a class C misdemeanor to pass a non compliant sign.It's not a crime at all, simply a civil matter.
On the other hand, smoking within 25 feet of a building entrance or operable window violates the Houston Smoking Ordinance. You better hope you're not attacked if you violate that law.
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- Sat Feb 04, 2017 4:30 pm
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: Interesting Legal Issue
- Replies: 20
- Views: 4569
Re: Interesting Legal Issue
- Sat Feb 04, 2017 12:23 pm
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: Interesting Legal Issue
- Replies: 20
- Views: 4569
Re: Interesting Legal Issue
It's not a class C misdemeanor to pass a non compliant sign.JustSomeOldGuy wrote:Can I use 9.22-Necessity? The need to defend myself from felony assault supercedes an until-then-undiscovered Class C misdemeanor offense?
It's not a crime at all, simply a civil matter.- Fri Feb 03, 2017 2:01 pm
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: Interesting Legal Issue
- Replies: 20
- Views: 4569
Re: Interesting Legal Issue
There is no crime committed by carrying past non-compliant notice...my argument would be that the criminal code does not address civil trespassing with respect to the justification for use of deadly force in self defense.RossA wrote:Generally, in order to claim self defense, one must be in a place where he has a legal right to be. For example, the bad guy who broke into your house can't shoot back when you shoot at him and claim self defense. He is a trespasser, so he loses that defense.
Obviously, if you illegally carry past a properly posted 30.06/30.07/51% sign you are not legally on the premises. You are a trespasser.
But what if no signs are posted, and a place is not otherwise legally prohibited, but you have an agreement not to carry there? For example, you belong to a club, group, etc., and your membership agreement says "no firearms." Since there is no sign properly posted, you carry concealed anyway, and no one knows.
Now, one day you have to use your gun in what would normally be justified self defense. Are you legally on the premises or not? There are no legal signs posted, but you have the agreement saying that you won't carry.
Not sure I know the answer to this one.