TexasCHLforum.com

note: i am not a felon rofl

two different scenarios

if i am at home with a felon and my guns are locked up. i see multiple people on video surveillance trying to break in. am i allowed to give the felon (someone that i trust) a gun to help me defend my home?

same scenario except i am not home. felon calls me to tell me someone is trying to break in after calling 911. can i give them the combination to the safe to use my guns?

1 - If you have multiple guns and you are in a deadly force situation, yes. But be sure it is truly a deadly force situation. (much like giving a gun to a 12 year old to use in defense of life)
2 - Is the felon at your house? If someone is trying to break in, why isn't he hiding? if he had time to call 911 and then call you to explain what the situation was, and they still aren't in the house, I don't see them getting in and if they do, he should be hiding, not waiting to get a combination to a safe.
..... I would NOT give the combination in #2

Edited to add:

After re-reading your post, I do not know if you are "allowed" (legally) in either situation, those thoughts above are not the legal answer, just what I would do

Good food for thought, though.

Scenario #1: I wouldn't give them a gun. Take care of business yourself.
Scenario #2: I wouldn't give them the combination to the safe. You might come home and find your safe empty and no felon around. They're a felon after all.

texanron wrote:Scenario #1: I wouldn't give them a gun. Take care of business yourself.
Scenario #2: I wouldn't give them the combination to the safe. You might come home and find your safe empty and no felon around. They're a felon after all.

2+ vs 2 is a whole lot better odds than 2+ vs 1. just my opinion

roff wrote:note: i am not a felon rofl

two different scenarios

if i am at home with a felon and my guns are locked up. i see multiple people on video surveillance trying to break in. am i allowed to give the felon (someone that i trust) a gun to help me defend my home?

same scenario except i am not home. felon calls me to tell me someone is trying to break in after calling 911. can i give them the combination to the safe to use my guns?

#2. Why would I believe the phone call? Advise them to use the back door.

this felon is someone id trust with my life. this person being a felon is irrelevant to me personally.
my question is the legality of a felon using a gun to defend his and/or my life.

I think what you're asking about is the legal issue of justification.

TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY

Here's one small section of the chapter:

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.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

What you'd need to know is if knowingly giving a felon (a)a firearm or (b)access to one in a situation (c)potentially or (d)imminently threatening (e)life or (f)property is specifically excluded from justification under (g)state or (h)federal law. That's a lot of variables to look in to.

IF, you are facing a situation in which a gang of thugs are shooting their way into your house....well in that case maybe throwing a gun to him is probably the answer...But understand it's not just him that is going to possibly have to answer for it...if he is serving parole, holding a gun is breaking it, much less shooting someone! you, buy providing the gun...could go to jail. The fact that his being a felon doesn't bother you, and that you trust him is all well and good, but that doesn't affect the issue or the potential outcome. In this case, you need to think about him...and yourself.

SewTexas wrote:IF, you are facing a situation in which a gang of thugs are shooting their way into your house....well in that case maybe throwing a gun to him is probably the answer...But understand it's not just him that is going to possibly have to answer for it...if he is serving parole, holding a gun is breaking it, much less shooting someone! you, buy providing the gun...could go to jail. The fact that his being a felon doesn't bother you, and that you trust him is all well and good, but that doesn't affect the issue or the potential outcome. In this case, you need to think about him...and yourself.

my statement saying that i trust this felon is for the ones who said my guns would be stolen because he is faking a break in to get at my guns

just get the RPG out of the safe and take care of the problem. no need to involve the felon.

NO and NO - 'nuf said.

If several people are trying to break in to my house, I'll give a gun to anyone who I trust to use it and not shoot ME. I'll worry about the consequences later. Carried by 6 or tried by 12.... Easy choice.

If the felon was in my house alone and needed my gun from the safe, I don't know.... On the spot judgment call. I'd prefer that they just leave the house, if possible. Tougher call for sure.

If it was my WIFE/SO, the felon.... I'd give her the combination.

If your life is really in danger, the legal question is secondary. If you don't survive, you don't have to worry about it at all.

roff wrote:this felon is someone id trust with my life. this person being a felon is irrelevant to me personally.
my question is the legality of a felon using a gun to defend his and/or my life.

Oh, I thought these were scenarios as originally posted.