quantum wrote:Regarding the lady who tried to disrupt the shooter with her purse. I've read a lot of comments on other gun boards (and a few here) that it would have been better had she had a gun and used it. While I don't disagree with that sentiment, I'm curious from a legal perspective (assuming this had happened in TX) if she would have been justified in shooting the man at that point? He was waving a gun around and I can't recall if he had threatened to shoot anyone yet. Even if he had verbally threatened, is that enough? Would her justification have been preventing attempted murder?
Obviously, once he fired a shot, it's game time and you do what the security guard did. But at any point earlier, would a preemptive use of deadly force by a CHL holder put him/her in legal jeopardy for this situation?
I went back and reread the TX CHL laws and haven't been able to fully convince myself that it would be defensible. Am I missing something?
Casting aside the issue of having her weapon at a school or government meeting...
No question it would have been legal. There isn't any way in the world she could have not proven it was to protect the lives of those in the room. The bad guy doesn't have to pull the trigger first. He has to threaten your life first, and by 'waving his gun around' and dismissing everyone but a few, it's unquestionable what his intentions could be.
IANAL
But I did stay at a Holiday Inn Express.
Seriously, it wouldn't even be close to an issue in Texas except for the fact that she shouldn't have a gun at this meeting in the first place because it would be illegal for her to do so. No way to say for sure, but my guess would be that even if she had done it with a weapon that she shouldn't have at this location, she'd be 'ok'. That depends on the DA and/or the jury though.