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.
Entering a “gun free zone” to stop or intervene during an active crime
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Re: Entering a “gun free zone” to stop or intervene during an active crime
I am not a lawyer. This is not legal advice.
I am not a lawyer. This is NOT legal advice.!
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
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Re: Entering a “gun free zone” to stop or intervene during an active crime
As a rehabilitated New Yorker (escaped when I was 17), I laughed out loud in agreement, reading that over breakfast this morning.Charles L. Cotton wrote:Do I take it from your statement that you feel only a LEO has a duty to protect innocent people? I haven't worn a badge in many years, but I still have a Christian duty and a moral duty not to stand by and do nothing.Oldgringo wrote:I have a LTC to protect me and mine. If in the course of protecting me and mine I can assist you and yours, I will. As someone said above, a LTC is not a LEO.
I realize that others disagree and that's their decision to make. They make great New Yorkers and I pray my family is never in need in front of such people.
Chas.
There are some good folks in NY, but most of them live too close to Canada for my liking. Brrr.
I am not a lawyer. This is NOT legal advice.!
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
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Re: Entering a “gun free zone” to stop or intervene during an active crime
Try reading it with the heavy dose of sarcasm that was obviously intended.Txtension wrote:These two sentences seem to contradict each other, can you expound? As a nation of laws, I thought rule of law was to protect the weak.May the strongest survive and let the weak perish. That's the American and Chrsitian way.
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Re: Entering a “gun free zone” to stop or intervene during an active crime
tone of voice is hard to determine when typing online... now if you had said it and added a " " it would be more distinguishable that it was sarcasm. lol. like saying "yeah we should just waltz on by and let innocent people die "mojo84 wrote:Try reading it with the heavy dose of sarcasm that was obviously intended.Txtension wrote:These two sentences seem to contradict each other, can you expound? As a nation of laws, I thought rule of law was to protect the weak.May the strongest survive and let the weak perish. That's the American and Chrsitian way.
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Re: Entering a “gun free zone” to stop or intervene during an active crime
Thanks for the online posting lesson.Grundy1133 wrote:tone of voice is hard to determine when typing online... now if you had said it and added a " " it would be more distinguishable that it was sarcasm. lol. like saying "yeah we should just waltz on by and let innocent people die "mojo84 wrote:Try reading it with the heavy dose of sarcasm that was obviously intended.Txtension wrote:These two sentences seem to contradict each other, can you expound? As a nation of laws, I thought rule of law was to protect the weak.May the strongest survive and let the weak perish. That's the American and Chrsitian way.
Sometimes sarcasm is so obvious pictures aren't necessary. Especially, when considered in context of my other posts in the thread.
Note: Me sharing a link and information published by others does not constitute my endorsement, agreement, disagreement, my opinion or publishing by me. If you do not like what is contained at a link I share, take it up with the author or publisher of the content.
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Re: Entering a “gun free zone” to stop or intervene during an active crime
yeah... but some people need the visual aid lol.mojo84 wrote:Thanks for the online posting lesson.Grundy1133 wrote:tone of voice is hard to determine when typing online... now if you had said it and added a " " it would be more distinguishable that it was sarcasm. lol. like saying "yeah we should just waltz on by and let innocent people die "mojo84 wrote:Try reading it with the heavy dose of sarcasm that was obviously intended.Txtension wrote:These two sentences seem to contradict each other, can you expound? As a nation of laws, I thought rule of law was to protect the weak.May the strongest survive and let the weak perish. That's the American and Chrsitian way.
Sometimes sarcasm is so obvious pictures aren't necessary. Especially, when considered in context of my other posts in the thread.
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Re: Entering a “gun free zone” to stop or intervene during an active crime
My answer is much the same as Mr. Cotton's.Charles L. Cotton wrote:Do I take it from your statement that you feel only a LEO has a duty to protect innocent people? I haven't worn a badge in many years, but I still have a Christian duty and a moral duty not to stand by and do nothing.Oldgringo wrote:I have a LTC to protect me and mine. If in the course of protecting me and mine I can assist you and yours, I will. As someone said above, a LTC is not a LEO.
I realize that others disagree and that's their decision to make. They make great New Yorkers and I pray my family is never in need in front of such people.
Chas.
I haven't worn a badge since 1979, but the training and instincts are still there. I am the eternal sheepdog standing between the wolves and the sheep. I will be there until I am either too weak to continue or I am dead. It is hardwired into my being.
I won't be wronged, I won't be insulted, and I won't be laid a hand on.
I don't do those things to other people and I require the same of them.
Don’t pick a fight with an old man. If he is too old to fight, he’ll just kill you.
I don't do those things to other people and I require the same of them.
Don’t pick a fight with an old man. If he is too old to fight, he’ll just kill you.
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Re: Entering a “gun free zone” to stop or intervene during an active crime
My apologies to my enlightened and reformed New Yorker friend.RoyGBiv wrote:As a rehabilitated New Yorker (escaped when I was 17), I laughed out loud in agreement, reading that over breakfast this morning.Charles L. Cotton wrote:Do I take it from your statement that you feel only a LEO has a duty to protect innocent people? I haven't worn a badge in many years, but I still have a Christian duty and a moral duty not to stand by and do nothing.Oldgringo wrote:I have a LTC to protect me and mine. If in the course of protecting me and mine I can assist you and yours, I will. As someone said above, a LTC is not a LEO.
I realize that others disagree and that's their decision to make. They make great New Yorkers and I pray my family is never in need in front of such people.
Chas.
There are some good folks in NY, but most of them live too close to Canada for my liking. Brrr.
Chas.
PS: As a New Yorker, you probably know the incident that was the basis of my comment. Sadly, as time passes, fewer and fewer people do.
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Re: Entering a “gun free zone” to stop or intervene during an active crime
This is a completely different situation.Grundy1133 wrote:so if you had a kid at school where a shooting was going on and you were there waiting to pick him/her up you mean to tell me you wouldnt go in and try to neutralize the threat?Abraham wrote:LTC does not equal LEO...
I would go in to make sure my kid got out of there safely. Once I was 100% certain that was achieved, I would possibly seek to neutralize the threat.
By contrast, if I was driving by a bar and saw several 1% bikers beating on a biker in a different jacket, then no, I'm not going in. I will call 911 though and will also try to get a good description of all involved. My likelihood to intervene is very dependent on the situation.
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Re: Entering a “gun free zone” to stop or intervene during an active crime
Exactly! What Soccerdad97 said.
Re: Entering a “gun free zone” to stop or intervene during an active crime
Naw. People who legally carry guns make bad New Yorkers.Charles L. Cotton wrote:Do I take it from your statement that you feel only a LEO has a duty to protect innocent people? I haven't worn a badge in many years, but I still have a Christian duty and a moral duty not to stand by and do nothing.Oldgringo wrote:I have a LTC to protect me and mine. If in the course of protecting me and mine I can assist you and yours, I will. As someone said above, a LTC is not a LEO.
I realize that others disagree and that's their decision to make. They make great New Yorkers
On the other hand, people who disarm so they can shop somewhere with a 30.06 sign might make good New Yorkers. The majority of Texans over 21 who don't have a LTC make even better New Yorkers.
If they don't think their lives are worth defending, who am I to disagree?
Last edited by BBYC on Fri Mar 16, 2018 12:50 pm, edited 1 time in total.
God, grant me serenity to accept the things I can't change
Courage to change the things I can
And the firepower to make a difference.
Courage to change the things I can
And the firepower to make a difference.
Re: Entering a “gun free zone” to stop or intervene during an active crime
This: "My likelihood to intervene is very dependent on the situation."
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Re: Entering a “gun free zone” to stop or intervene during an active crime
My point exactly!Abraham wrote:This: "My likelihood to intervene is very dependent on the situation."
Re: Entering a “gun free zone” to stop or intervene during an active crime
I would love to be able to carry 24/7. But I go places my gun can’t, it’s called life. For example, I’m not skipping all my kids school events cause I am glued to my gun. Statistically I will never need my gun, statistically I am at far greater risk driving to a store than shopping without my gun. But I still drive. I ride motorcycles, I eat off taco trucks, I swim in Oceans with sharks, I take reasonable risks. And reasonable precautions including going armed when I can.BBYC wrote:
On the other hand, people who disarm so they can shop somewhere with a 30.06 sign might make good New Yorkers. The majority of Texans over 21 who don't have a LTC make even better New Yorkers.
If they don't think their lives are worth defending, who am I to disagree?
I agree with most on the thread topic. Situationally dependent, I will protect innocent lives when threatened if I can, I won’t try to stop a simple robbery.
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Re: Entering a “gun free zone” to stop or intervene during an active crime
My sarcasm meter is kinda like Y2k, if you use too much, it'll wrap around and be registered as {Tone;Serious}.mojo84 wrote:Try reading it with the heavy dose of sarcasm that was obviously intended.Txtension wrote:These two sentences seem to contradict each other, can you expound? As a nation of laws, I thought rule of law was to protect the weak.May the strongest survive and let the weak perish. That's the American and Chrsitian way.
On this topic, I've thought about it for hours trying to arrive at a truth. My best reduction is "it depends."
But I think the answer that everyone really expects is "Without Hesitation." And that's my answer if the situation is clear, and unambiguous.