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by dicion
Wed Aug 11, 2010 6:11 am
Forum: New to CHL?
Topic: Case Law for study
Replies: 15
Views: 2897

Re: Case Law for study

BroTyler wrote: Essentially, (regardless of CHL status) you are allowed to defend yourself in your home or vehicle, I thought, which is why I was asking about scenarios immediately outside the vehicle.
You're allowed to defend yourself anyplace, anytime. Texas doesn't have a 'Castle Doctrine' per-se, at least not in the way some other states have done it. Texas just allows carry without a license in your home and car, and it's overall self defense laws have no duty to retreat (as some other states do, some with conditions, some without). These self-defense laws apply anywhere, anytime, and not just in your home or your car. You are just as entitled to self defense in a stop-and-rob, as you are on your own couch.

If you are outside your vehicle, and involved in a valid self-defense shooting, then the worst they could charge you with would be unlicensed carry. They probably wouldn't even charge you with that, though, because of this:
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.
Technically, every CHL ever involved in a self defense shooting was guilty of Intentional Failure to conceal... but that gets tossed aside by the above as well :thumbs2:

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