Gun law Question (Howe, Rule: loan, felon, lawyer)

[Gretchen_SDCA]

Originally Posted by TexasReb

In fact, according to the Texas penal code, in Texas, deadly force is justified to prevent the imminent commision of, among other things, robbery and aggravated robbery (I will see if I can find and post it). Personally, I agree with this provision. While most of us would agree a human life is worth more than property in terms of pure dollars and cents, what price can be put on the right to be secure in our property and possessions? This is one of the foundations of freedom, and it can't be weighed.

Hi:

Remember, I said it was the majority view - I am not familiar with the Texas Penal Code. Thanks for providing the information. I somewhat suspected that TX may be in the minority on this issue. The Model Penal Code (adopted with some variations in the majority of states) strongly disapproves of the use of deadly force in some situations where TX would condone it.

Note however, that the use of deadly force in a robbery/aggravated robbery situation may be fine under certain circumstances, even under the MPC. See above discussion.

[cierra8simons]

what are the laws for buying a used hand gun in texas? And how do you register it?

[CptnRn]

Originally Posted by cierra8simons

what are the laws for buying a used hand gun in texas? And how do you register it?

There is no requirement to register your guns here in Texas or most states for that matter. See this thread.

//www.city-data.com/forum/houst...dgun-laws.html

[CptnRn]

That thread I referenced above is kinda old so I thought I should add, that you can keep a gun in your house, and with recent changes in the law, in your car for self protection. You can not carry the gun with you unless you get a Concealed Handgun Liscense. TxDPS - Concealed Handgun Licensing

This FAQ is helpful. http://www.txdps.state.tx.us/administration/crime_records/chl/chlfaqs.htm (broken link)

[SouthernWolf]

Originally Posted by ferdibirdi

I am 26 years old and used to own a few handguns along with a couple of rifles. I had been out with some friends one night and ended up getting in trouble with one of my handguns. I was put on probation for agg. assault and my case was considered a non conviction. This was over three years ago and now I am in need of a handgun again because of the area that my company has relocated and the hours that I have to be there. Have I ruined my chances of ever owning a handgun again? Or is there something I could do, legally, to be able to posses a firearm? Someone help please!!

"§ 22.02. AGGRAVATED ASSAULT. (a) A person commits an offense if the person commits assault as defined in § 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or (2) uses or exhibits a deadly weapon during the commission of the assault."

Texas Penal Code - Section 22.02. Aggravated Assault - Texas Attorney Resources - Texas Laws

That's a second degree felony, aggravated assault with a deadly weapon.
I don't know if you can legally own a weapon, concealed or not. Check a lawyer, and keep your temper.

[smtimelevi]

Originally Posted by cierra8simons

what are the laws for buying a used hand gun in texas? And how do you register it?

1.Go to store
2. Choose Gun you like
3. Store does "instant" background check
4.When you pass background check pay for it
5. Leave store with gun
6. No need to register, this is TEXAS

God Bless Texas

[CptnRn]

Originally Posted by TexasReb

This is a very good point. Although Texas law is fairly lenient (compared to many states) in where one can "carry" a handgun, it IS important to remember that while deferred adjudication doesn't count as a conviction in most circumstances, it CAN be brought up during the "punishment phase" if one is convicted of a subsequent crime. That is to say, the prosecutor can mention that the fact that the guy was once on probation for a prior crime.

So far as Texas law on "carrying" goes, it has been my experience there is a lot of misinformation out there. In fact, even many attorneys and law enforcement people are not always in agreement, especially when it comes to that "travelling" provision.

Naturally, having a CCL is the best way to go so far as being pretty safe to have one on your person or in your car (although noting that prohibitions exist even there...such as in bars). But if one DOESN'T have a carry license is where it can get a little confusing.

The law is pretty clear on that a person has a right to carry on their own premises or premises under their control (such as your workplace, if the boss allows it). Also, if one is engaged in a "lawful sporting activity" (such as hunting, target shooting, etc) IF the handgun is commonly used in such a sport. The REAL kicker over all these years has been the "travelling" provision. For a long time, prosecution for carrying a deadly weapon "did not apply" to someone who was "travelling." Problem was, "travelling" was never defined in the penal code, and case law was very unclear on the matter.

A popular opinion/general rule of thumb emerged (but this was a lot of "urban legend" as well) that to be "travelling", one had to cross a couple of county lines and/or it be an overnight trip. But this was never official, and what it REALLY came down to was the judgement of the law enforcement officer as to whether or not you were subject to arrest and, later, the DA's office if subject to prosecution and, still later, if it went that far, a jury to decide if you were actually "travelling." Needless to say, there was a LOT of room for abuse and problems. Especially if the officer who stopped you may have woke up on the wrong side of the bed and, even if you had a backseat full of suitcases, and your drivers license indicated a Lubbock residence and you were stopped in Austin, he just decided he wanted to haul you in anyway!

LAST year though, this changed somewhat. The penal code now "presumes" that a person IS "travelling" if they are in a motor vehicle away from home, they may otherwise lawfully possess a handgun, they are not engaged in criminal activity beyond a Class C misdemenor (i.e. traffic ticket offence), are not a member of a known street gang and, the handgun is not in "plain view." This IS a lot better..and the intent seems to be fairly clear. BUT...it still leaves a lot of discretion up to that proverbial officer who just may not like your looks or just decides to be ornry! (to be fair and go by experience though, I truly believe most Texas law enforcement personel, especially if they are natives, have no problem with

Personally, I think a lot of trouble could be saved by the Texas Legislature by just deleting the "travelling" exception altogether and saying something like the prohibition on carrying a handgun does not apply to someone who meets all the qualifications listed above (as concerns being in your motor vehicle).

Dad gum...I sure have rambled! Sorry, y'all!

That discussion and my reading of the Texas Castle Doctrin law here http://www.rc123.com/texas_castle_doctrine.html raised a question in my mind. Texas law now recognizes that the "Castle Doctrine", right to use deadly force to protect yourself in your home, now extends to carrying a gun in your car for self defense, also you can carry a weapon between your house and your car. It seems pretty clear that you can use deadly force to defend yourself if someone attacks you while you are in your car or tries to drag you out of your car. But if you step outside of your car on your own, then the way I'm reading it, the law no longer allows you to use deadly force.

I can think of many instances when it might seem safer to get out of a vehicle if you were under attack (sitting duck), or to come to the aide of someone else who is being attacked, but in doing so you might no longer be protected under the castle doctrine.

Clearly having a CCL in helps clarify your rights in this kind of fuzzy situation.

[TexasReb]

Originally Posted by CptnRn

That discussion and my reading of the Texas Castle Doctrin law here http://www.rc123.com/texas_castle_doctrine.html raised a question in my mind. Texas law now recognizes that the "Castle Doctrine", right to use deadly force to protect yourself in your home, now extends to carrying a gun in your car for self defense, also you can carry a weapon between your house and your car. It seems pretty clear that you can use deadly force to defend yourself if someone attacks you while you are in your car or tries to drag you out of your car. But if you step outside of your car on your own, then the way I'm reading it, the law no longer allows you to use deadly force.

I can think of many instances when it might seem safer to get out of a vehicle if you were under attack (sitting duck), or to come to the aide of someone else who is being attacked, but in doing so you might no longer be protected under the castle doctrine.

Clearly having a CCL in helps clarify your rights in this kind of fuzzy situation.

All great points, CapnR! And of course, keeping mind neither of us (I know for SURE I am not! LOL) legal experts/attorneys, so we should both -- in discussing this -- make that clear right off the bat. As somebody else said earlier, the amount of "ignorance" and "urban legends" and "total BS" is what gets people -- especially newcomers to Texas -- in trouble. Hell, even many of us natives!

I defintely agree with you on that the very best way to be protected -- as in the sense of being legally "protected" if one ever has to use the weapon to being with, is to have a CCL license. No question on that score.

So far as the other issues you bring up (again, good ones!), it is important to mention that -- although I am not sure it is part of the "Castle Doctrine" aspect, the Texas Penal Code (I need to find and post that), governing the justifiable use of deadly force, now makes clear that there is "no duty to retreat"...so long as the person has a legal right to be where s/he is, and they are not the aggressor in the situation...and of course, other laws governing the use of deadly force are applicable. That is, to prevent the "immenient commission" of robbery, aggravated robbery, rape, aggravated rape, and or to stop an assault or threat of assault in which one reasonably believes involves the use or potential risk of serious bodily injury.

In other words (of course, this is just my reading), if a scumbag accosts you with a knife and you feel you are at risk to get cut up if you don't hand over your wallet? Then you have NO duty to back off, and can use deadly force on the spot. Not saying that would be a wise choice...maybe it might be best to try and remove yourself from the situation (that is a personal decision), but the law would still -- default in your favor -- to use any means necessary to protect yourself and your loved ones. Even if you are outside of your own home/vehicle/etc.

To backtrack a bit, yes, I definitely agree that Texas law is even clearer (CCL or not), that is you are in your private vehicle and someone tries to "carjack" and "yank open the door and attack you"...then it is presumed aforehand that they are intent upon using "deadly force" againt "you" and you are justified in using deadly force to protect yourself and those within.

Same sort of clarification would seem to remove any ambiguity -- IMHO (but that is ALL it is ) that the presumption of the law takes the side of the law-abiding citizen against the low-life.

Bottom line is, inside or outside your home or vehicle, the "rules" governing justificable use of deadly force, are on OUR side, now. But yep, it is always advisable to take the time and effort to get a CCL first!

[NOJAR2010]

i'm a permanent resident of USA,,can i get a hand gun...and how to get a licence for hand gun.

[CptnRn]

Depends on what state you live in, read the laws here. Handgunlaw.us

or here:

http://en.wikipedia.org/wiki/Gun_law...ates_(by_state)