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by Greybeard
Fri Dec 17, 2010 10:13 am
Forum: The Crime Blotter
Topic: Gunman dead after opening fire at Florida school meeting
Replies: 82
Views: 8780

Re: Gunman dead after opening fire at Florida school meeting

Question: "What I'm wondering is since he was off duty, carrying under his CCW instead of his Guard License, perhaps was gun being illegally carried into the school board meeting by the guy who stopped the shooter?"

Even if he went out to his car to get his gun, I suspect he would have a legitimate defense to prosecution via "Law of Competing Harms", which in simple terms, Uncle Mas states something to the effect of "It is OK to break the law if following the law would cause more human injury than breaking it." Again, not a lawyer, just a lowly 15-year CHL instructor here, but Texas' version is in 9.22, "necessity". Line item (2) below is important.

Sec. 9.22. NECESSITY. Conduct is justified if:

(1) the actor reasonably believes the conduct is immediately necessary to avoid imminent harm;

(2) the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the law proscribing the conduct; and

(3) a legislative purpose to exclude the justification claimed for the conduct does not otherwise plainly appear.

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