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by C-dub
Sat Jan 19, 2013 9:35 pm
Forum: General Texas CHL Discussion
Topic: Can a CHL enter school as first responder?
Replies: 29
Views: 4203

Re: Can a CHL enter school as first responder?

fickman wrote: Interestingly, this is another situation where I think most of will respond differently because it's a school.

If the same thing happened at a mall or movie theater, the majority consensus on here seems to be, "Use your phone. Be a witness. Defend yourself and those you're responsible for." Maybe even, "Get ready to do some first aid and be ready if BG reemerges."
We may think differently about schools not just because they are kids, but because "our" kid is probably in there or other kids that we know.
by C-dub
Thu Jan 17, 2013 2:03 pm
Forum: General Texas CHL Discussion
Topic: Can a CHL enter school as first responder?
Replies: 29
Views: 4203

Re: Can a CHL enter school as first responder?

Charles L. Cotton wrote:I would respond and if necessary, I would rely upon the defense of "necessity" found in TPC 9.22.

Chas.
TPC §9.22 wrote: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.
That's what I was thinking. If I'm confident of what is occurring, I'm not going to wait for permission. Now, I'm not sure about this school year, but in previous years I have known of at least four fathers that are LEOs. Either one of them could be dropping off or picking up their kid(s) at the same time I would be there. We often see each other during those times. The only thing is, though, neither of them know I have a CHL yet, a couple other fathers do.

In a situation like this, if one of the LEOs is there and begins to enter, I will quickly make them aware of my status and ask to assist them. If they say, yes, then I'm also acting at the direction of a LEO. I think that is also an exception. No?

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