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  • Hoji

    Bowling-Pin Commando
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    I'm just surprised I seem to have read that having a few drinks somehow negates your right to self defense in a public place.

    From Chapter 9 TPC:

    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.

    In other words, if you are engaged in criminal activity( Class “C” traffic offenses excluded) your legal justification for the use of force is not there

    Public intoxication, walking by legal 06/07 signage, jay walking, etc.
    Texas SOT
     

    BillFairbanks

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    May 8, 2017
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    From Chapter 9 TPC:

    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.

    In other words, if you are engaged in criminal activity( Class “C” traffic offenses excluded) your legal justification for the use of force is not there

    Public intoxication, walking by legal 06/07 signage, jay walking, etc.

    Absolutely.

    However, nobody’s advocating for being intoxicated while carrying a gun.

    Public Intoxication is illegal whether one is carrying or not.

    Drinking responsibly within one’s limits does not equal intoxication.



    Sent from my iPhone using Tapatalk
     

    pharmaco

    Give me those potatoes
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    From Chapter 9 TPC:

    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.

    In other words, if you are engaged in criminal activity( Class “C” traffic offenses excluded) your legal justification for the use of force is not there

    Public intoxication, walking by legal 06/07 signage, jay walking, etc.

    What kind of misdemeanor is 30.06 trespass?
     

    ZX9RCAM

    Over the Rainbow bridge...
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    So, if somebody breaks into a drug dealers house and gets killed by the homeowner, the drug dealer can't claim self-defense?
     

    ZX9RCAM

    Over the Rainbow bridge...
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    Depends on what they can prove I would imagine.
    But, I want the question answered as asked.
    Known drug dealer kills other breaking into his house to do him harm.
    Does he lose the legal right of self-defense due to being a drug dealer and selling drugs at the time of the shooting?
     

    easy rider

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    Really?

    I thought the punishment had been reduced.

    Have any of the experts on the forum weighed in with some "not legal advice" posts on this?
    I couldn't find anything on losing your license, but it would be a class A criminal trespass with a fine up to $200 if you failed to leave upon request. Ultimately the judgements would be up to the courts. I certainly wouldn't see anything good, like lose of firearm and possibly license upon arrest and who knows how long it would take to get it back, plus time and money going to court.
     

    easy rider

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    But, I want the question answered as asked.
    Known drug dealer kills other breaking into his house to do him harm.
    Does he lose the legal right of self-defense due to being a drug dealer and selling drugs at the time of the shooting?
    Obviously as long as he is able to own firearms and no other crime can be proved at the time, an alleged drug dealer would have the same rights.
     

    sdismukes

    Bending nails and making sawdust
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    We've all heard of airline pilots getting dragged off of flights because they failed an alcohol test. So I was curious what the FAA considers too drunk to fly. Turns out it's a BAC of .04. So if the FAA considers .039 safe enough to fly hundreds of passengers 35,000 feet up..... just sayin'....
     

    ZX9RCAM

    Over the Rainbow bridge...
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    Obviously as long as he is able to own firearms and no other crime can be proved at the time, an alleged drug dealer would have the same rights.

    I'm not saying alleged drug dealer, known drug dealer. No gray area.
    According to post #121, he would not be able to claim self-defense.
     

    easy rider

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    I'm not saying alleged drug dealer, known drug dealer. No gray area.
    According to post #121, he would not be able to claim self-defense.
    Unless he's been convicted of dealing drugs any lawyer is going to call it alleged and if he has been convicted he is then a felon, so then being in possession of a gun would against the law.
     

    ZX9RCAM

    Over the Rainbow bridge...
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    Unless he's been convicted of dealing drugs any lawyer is going to call it alleged and if he has been convicted he is then a felon, so then being in possession of a gun would against the law.

    So, if a felon defends (as in self-defense) his life with a gun, is it automatically murder, and not self-defense?

    ETA: Just because I'm quoting you, don't feel obligated to answer, it's open to all.
     

    ZX9RCAM

    Over the Rainbow bridge...
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    Maybe a better question might be if someone is breaking the law, higher than a misdemeanor, and shoots and kills someone while defending themselves, can it self-defense, or not?

    ETA: Actually, post #121 says no....
     
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