locke_n_load
Well-Known
Okay, question for the law gurus.
You are carrying your handgun under the authority of your LTC, and you enter a property that is properly posted with 30.06/30.07. I don't think TPC makes a distinction between accidentally (didn't notice sign) or purposely (saw it and proceeded anyway). This would normally be a class C misdemeanor in most locations.
While on that property, your life becomes in danger and you shoot in defense of your person. You met all requirements of 9.31 and 9.32, except you were carrying past valid 06/07 notice, which is trespassing, a criminal activity that isn't a class C misdemeanor for traffic. Do you lose your presumption of reasonableness since you were engaged in "criminal" activity? And therefore used unlawful deadly force?
[FONT=&]Sec. 9.31. SELF-DEFENSE. (a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force. The actor's belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:[/FONT]
[FONT=&](3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.[/FONT]
[FONT=&](b) The use of force against another is not justified:[/FONT]
[FONT=&](5) if the actor sought an explanation from or discussion with the other person concerning the actor's differences with the other person while the actor was:[/FONT]
[FONT=&](A) carrying a weapon in violation of Section 46.02; [/FONT]
You are carrying your handgun under the authority of your LTC, and you enter a property that is properly posted with 30.06/30.07. I don't think TPC makes a distinction between accidentally (didn't notice sign) or purposely (saw it and proceeded anyway). This would normally be a class C misdemeanor in most locations.
While on that property, your life becomes in danger and you shoot in defense of your person. You met all requirements of 9.31 and 9.32, except you were carrying past valid 06/07 notice, which is trespassing, a criminal activity that isn't a class C misdemeanor for traffic. Do you lose your presumption of reasonableness since you were engaged in "criminal" activity? And therefore used unlawful deadly force?
[FONT=&]Sec. 9.31. SELF-DEFENSE. (a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force. The actor's belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:[/FONT]
[FONT=&](3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.[/FONT]
[FONT=&](b) The use of force against another is not justified:[/FONT]
[FONT=&](5) if the actor sought an explanation from or discussion with the other person concerning the actor's differences with the other person while the actor was:[/FONT]
[FONT=&](A) carrying a weapon in violation of Section 46.02; [/FONT]
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