View Full Version : Marty or Charlie or any one knowing legal jargon
SID210SA
01-22-2013, 08:28 AM
How would you interprerit this doctrine or law known as the Castle law, specifically how it relates to your vehicle:
http://www.rc123.com/texas_castle_doctrine.html
Ozark Marauder
01-22-2013, 08:54 AM
Not a lawyer, but this was interesting reading,
A MAN’S CAR IS HIS CASTLE: THE EXPANSION OF TEXAS’ “CASTLE DOCTRINE” ELIMINATING THE DUTY TO RETREAT IN AREAS OUTSIDE THE HOME
http://www.baylor.edu/content/services/document.php/119767.PDF
When I lived in Fort Worth, there was a lot of carjackings over in Dallas at the time. A guy shot a potential carjacker, when the carjacker brandished his weapon at the driver, he put his hands up, and when the carjacker opened his door, he reached down grabbed his Glock and hit him center mass with two rounds, bye bye carjacker, he was questioned and released. DA didn't pursue any action.
OZ
Haggis
01-22-2013, 09:15 AM
That is the way it should be. No retreat and deadly force.
martyo
01-22-2013, 09:23 AM
How would you interprerit this doctrine or law known as the Castle law, specifically how it relates to your vehicle:
http://www.rc123.com/texas_castle_doctrine.html
Not a lawyer, but this was interesting reading,
A MAN’S CAR IS HIS CASTLE: THE EXPANSION OF TEXAS’ “CASTLE DOCTRINE” ELIMINATING THE DUTY TO RETREAT IN AREAS OUTSIDE THE HOME
http://www.baylor.edu/content/services/document.php/119767.PDF
When I lived in Fort Worth, there was a lot of carjackings over in Dallas at the time. A guy shot a potential carjacker, when the carjacker brandished his weapon at the driver, he put his hands up, and when the carjacker opened his door, he reached down grabbed his Glock and hit him center mass with two rounds, bye bye carjacker, he was questioned and released. DA didn't pursue any action.
OZ
I think that the DA in OZ's report got it right.
Keep in mind that the statute uses words like "reasonable" which is always subject to interpretation.
But more to the point, thje Castle Doctrine seems to cover vehicles.
Now keep in mind that you don't get to quote me as an authority in court but you can count on me doing the same thing. :beer:
SID210SA
01-22-2013, 12:48 PM
Thanks for the input....yeah...just looking for opinion....not quotes so dont worry Marty...I hate that it is open for interpretation....that gives to much leeway for the officer at the traffic stop to put you in cuffs...
Being a little versed in the penal code as it pertains to the use in deadly force for work....I had never heard of "the extension" as it pertains to your vehicle when your out and about....not just protecting your property at home. So I thought I would ask the "Legal Knevil" his opinon.
I went to a tactical store yesterday to see about a new holster for my new gun....but the guy told me to bring in the gun to make sure the fitment was what I wanted on my weapon.....I told him I dont have a CHL, and he told me I dont need one and that I could, infact, carry the loaded weapon in my vehicle, as long as it was not in plain view, where ever I went as apart of the Castle doctrine.
But seeing that it is open for interpretation, I will just do it the old fashioned way and carry it in its case, unloaded, in my trunk.
tallpaul
01-22-2013, 04:31 PM
Unloaded and in you trunk won't do you any good if you need it. Just my .02.
sailsmen
01-22-2013, 05:03 PM
SID - did you just move to TX? Everybody in LA carries unregistered and unlicensed guns in their cars. When you get stopped they don't even ask because they know the answer is yes.
STEPS
01-22-2013, 06:05 PM
we have a stand your ground law here in fl.
Unloaded and in you trunk won't do you any good if you need it. Just my .02.
^^^what he said^^^
RF Overlord
01-22-2013, 07:22 PM
I told him I dont have a CHL,Is that the Texan equivalent of a CCW permit?
cat in the hat
01-22-2013, 07:57 PM
Is that the Texan equivalent of a CCW permit?
Yes, Concealed Handgun License.
If you're eligible, why not just get one ?
sailsmen
01-22-2013, 08:48 PM
Yes, Concealed Handgun License.
If you're eligible, why not just get one ?
By getting one in many States you give up rights.
Shaijack
01-22-2013, 09:14 PM
Individual decision to carry in your vehicle. I carry all the time. Watch me and see.
Marauderjack
01-23-2013, 04:30 AM
By getting one in many States you give up rights.
PAY VERY CLOSE ATTENTION TO THIS STATEMENT!!:rolleyes:
Violations can and WILL result in a FELONY charge with a likely conviction which results in NO FIREARMS FOREVER!!:eek:
Plus...when they come to collect gun you WILL be first on the list!!:bigcry:
cat in the hat
01-23-2013, 05:36 AM
By getting one in many States you give up rights.
PAY VERY CLOSE ATTENTION TO THIS STATEMENT!!:rolleyes:
Violations can and WILL result in a FELONY charge with a likely conviction which results in NO FIREARMS FOREVER!!:eek:
Plus...when they come to collect gun you WILL be first on the list!!:bigcry:
I don't see how it could possibly be worse to have a permit than to not have one.
sailsmen
01-23-2013, 06:13 AM
I don't see how it could possibly be worse to have a permit than to not have one.
Carefully read the Statue, rules and regs regarding CC in your State. After doing same I decided not to.
In my State you can open carry and you can carry in your vehicle. In my State there is no gun registration.
prchrman
01-23-2013, 06:36 AM
someone very close to me is the one that issues CC in my county. i asked about going through the trouble to get one and he said they were basically useless in most cases and just as well off without as so many places do not allow for it anyway. i carry a loaded 45 in the vehicle where i can get to it on trips but nothing else.
Vortex
01-23-2013, 09:13 AM
New laws in Texas allow you to carry a firearm in a car anyway but a CHL allows you to carry in almost any state legally thru reciprocity agreements. I strongly recommend if you are planning on carrying to obtain a CHL. Not a hassle, good training and then you are covered. Re Castle Laws, you shoot somebody burglarizing a car in your driveway and its going to the Grand Jury regardless.
sailsmen
01-23-2013, 10:56 AM
Look at what happened in some counties in NY who had their names and addresses published.
Marauderjack
01-23-2013, 03:55 PM
Just another sneaky "Enumeration Plan" that most folks fall for!!:rolleyes:
Below the radar and off the charts may be the best way......IMHO!!:beer:
martyo
01-23-2013, 07:52 PM
New laws in Texas allow you to carry a firearm in a car anyway but a CHL allows you to carry in almost any state legally thru reciprocity agreements. I strongly recommend if you are planning on carrying to obtain a CHL. Not a hassle, good training and then you are covered. Re Castle Laws, you shoot somebody burglarizing a car in your driveway and its going to the Grand Jury regardless.
Careful about the reciprocity issues.
There are states that do not honor other states' permits.
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