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by Charles L. Cotton
Wed Jan 30, 2013 7:22 pm
Forum: General Texas CHL Discussion
Topic: Liability of an Accuser
Replies: 9
Views: 1461

Re: Liability of an Accuser

BCTTU wrote:This is a difficult question to pose because I don't know if I will ask it the way I intend to, but here goes.

We all know it is legal to carry concealed in a hospital if a 30.06 sign is not posted, or other legal means of notification were not followed, and you have a valid CHL. However, if that hospital tries to press charges on you claiming that you are carrying illegally, is that hospital liable for defamation or anything else? This would apply to anywhere, but I'm using hospitals as an example because of the widely accepted myth that it is illegal to carry at a hospital.
If a private citizen or entity has you arrested for something that is not illegal, you can file suit for malicious prosecution, even if you don't go to trial. Damages attach when you are denied liberty. Your question was pretty broad as is my answer. You may or may not have a case.

Before anyone asks/suggests, I'm not soliciting the case nor would I take it. :lol:

Chas.

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