Search found 5 matches

by seamusTX
Sat Sep 01, 2007 9:16 pm
Forum: General Texas CHL Discussion
Topic: Will Someone Please Explain - Texas Castle Law
Replies: 34
Views: 6715

Re: Back on the Duy to Retreat in the meantime...

John R. Fuller wrote:Wouln't one try to get away from any type of deadly situation if it is at all possible?

Take for instance; you are in a car stopped in traffic and some attempts a carjacking. YOu noticed when you stopped that the shoulder is open before the car jacker. In my opinion, I would attempt to use the open lane to avoid a confrontation.
This scenario is perfectly sensible and it is what I would do.

Try this: You drive to your wife's place of work to pick her up. While you're waiting, someone tries to break into your car with you in it. You could drive away, but your wife would come out of the building in the presence of a violent felon.

Decisions, decisions, ...

- Jim
by seamusTX
Fri Aug 31, 2007 10:28 am
Forum: General Texas CHL Discussion
Topic: Will Someone Please Explain - Texas Castle Law
Replies: 34
Views: 6715

TX Rancher wrote:I too do my very best to approach any question with common sense, but when it comes to understanding the (at least for me) often peculiar wording of the law, i.e., "with force" I am often stumped.
The code of criminal procedure gives this guidance:
Art. 3.01. [48] [58-59] WORDS AND PHRASES. All words, phrases and terms used in this Code are to be taken and understood in their usual acceptation in common language, except where specially defined.
The penal code does not define force, so we have to go to the dictionary.
violence: an act of aggression (as one against a person who resists); "he may accomplish by craft in the long run what he cannot do by force and violence in the short one"
physical energy or intensity; "he hit with all the force he could muster"; "it was destroyed by the strength of the gale"; "a government has not the vitality and forcefulness of a living man"
In addition, there is probably case law which I am not aware of.

In my opinion, not being a lawyer, opening a unlocked door in that manner in which it was designed to be opened is not force.

- Jim
by seamusTX
Fri Aug 31, 2007 8:45 am
Forum: General Texas CHL Discussion
Topic: Will Someone Please Explain - Texas Castle Law
Replies: 34
Views: 6715

stevie_d_64 wrote:But seeings how we are also concerned about "perceptions" thast others have about this community, sometimes the words we use, even though they are accurate and describe a situation enough for some...There are always others that will take what you say and spin it negatively against you...
I agree. Many anti-RKBA people portray us as living in fear and being paranoid.

- Jim
by seamusTX
Fri Aug 31, 2007 7:42 am
Forum: General Texas CHL Discussion
Topic: Will Someone Please Explain - Texas Castle Law
Replies: 34
Views: 6715

Maybe some friends can volunteer to stand guard. If they are just juvenile pranksters, a meeting with Mr. Remington or Mossberg might encourange them to straighten up and fly right.

- Jim
by seamusTX
Fri Aug 31, 2007 7:21 am
Forum: General Texas CHL Discussion
Topic: Will Someone Please Explain - Texas Castle Law
Replies: 34
Views: 6715

Theft or criminal mischief in the nighttime.

I think it's a really bad idea for an infirm elderly woman to stand guard. The thugs could see her and sneak up on her.

- Jim

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