stalker

Discussion in 'Gun Legislation' started by texas_teacher, Mar 5, 2009.

  1. texas_teacher

    texas_teacher Well-Known

    2,117
    0
    36
    Feb 14, 2009
    South Korea
    I have a friend who is currently being stalked by a very aggressive individual who also holds a valid CHL. How he got this with his mental disorder is another question, but my question is until the time when I buy her her own weapon can she use one that is registered to me in her car and at her home? And if she shoots this guy while he is in the act of a crime against her is there any legal ramification against me or her for the gun being registered in my name and not hers? Thanks.
     


  2. txinvestigator

    txinvestigator TGT Addict

    12,985
    45
    48
    May 28, 2008
    Ft Worth, TX

    1. What he is doing that you define as stalking?

    2. What mental disorder does he have?

    3. You don't have any weapons registered to you if you live in Texas.

    4. You can loan her the gun as long as you do not know she is prohibited from possessing one under federal law.

    5. If she is not prohibited from possessing the gun, you would have no criminal liability if she shoots someone in lawful self-defense. Civil is another issue.

    6. Your friend should seek the counsel of a firearms instructor for use of force laws. Texas law is specific about when deadly force can be used, and there is no across the board justification for shooting someone who is "committing a crime against her."

    7. Use of force in Texas is a defense to prosecution, and that is not a defense FROM prosecution. Meaning that she will have to prove she was within the legal use of force.
     
  3. dcs12345

    dcs12345 New Member

    23
    0
    1
    Feb 17, 2009
    Temple
    It sounds to me that she needs to get a restraining order on the individual. What that will do to the individual's CHL, I do not know. I cannot think of anything wrong with giving her one of your weapons until she gets her own, unless she is a felon or cannot legally own a firearm. Why don't you just sell her a weapon of yours for $1?
     
  4. txinvestigator

    txinvestigator TGT Addict

    12,985
    45
    48
    May 28, 2008
    Ft Worth, TX
    Restraining orders are useless and not enforceable by the Criminal Justice System.

    If we can get some details, we can perhaps give some more helpful advice.
     
  5. Step 1, call the police

    Your friend needs to notify law enforcement first and start the paper trail. The fact that she knows this person has a chl tells me that there is more to this than we have been told. If this person is an ex she should contact the county attorney and request a protective order which will suspend the chl and order him to maintain his distance or risk arrest.
     
  6. texas_teacher

    texas_teacher Well-Known

    2,117
    0
    36
    Feb 14, 2009
    South Korea
    Thank you to all who responded. It was not an ex. It was a night school partner who violated her space and took things to far. I've taken everyone's suggestions and so has she. She is currently as I type this filing with the local pd and she now sleeps soundly with a 12 gauge under the bed and a 380 in the nightstand. Hopefully once the paperwork is done on the police end this will all blow over. Thanks for everone's advice and responses.
     
  7. txinvestigator

    txinvestigator TGT Addict

    12,985
    45
    48
    May 28, 2008
    Ft Worth, TX
    What does that mean?
    Filing what?
    End what? There may be some unrealistic expectations as to just what the police can do. Again, if you will answer my questions we might be able to give you more complete advice.
     
  8. texas_teacher

    texas_teacher Well-Known

    2,117
    0
    36
    Feb 14, 2009
    South Korea
    Well to keep a long story short it began when she became team members with this guy back in September and because of the curriculum of the school there would be weeks where their team would be meeting until close to 10:30 at night some nights. There was one other member of the group. The guy is a real estate broker that is struggling to find work in this market so he has a lot of spare time in his hands.

    Anyways throught the course I kept warning her about just what she was telling me about this guy because it was obvious this guy wanted more than just teammates. The guy was in his early forties, my friend is 25. Part of the problem is she is gorgeous, not just my opinion but has posed for magazines, etc. Anyways she at first didn't want to break up the group because they were the only group in their courses that ever got anything above an 85.

    Recently she dropped out of the school and he has taken it to a whole new level. He started calling her to a whole new level. Approximately 3 times an hour and not just during normal business hours but until 2 or 3 in the morning. He has driven by her house and left letters in her mailbox and banged on her frontdoor. He constantly texts her and emails her.

    He goes on and on about how she ruined his life and crushed his heart. How he was completely devoted to her and she was just a whore. He threatened to report her to the center for disease control for being the tramp that she is and the std's that she carries. He told her that the world would be a better place if her trampy ass was just removed from the face of it.

    Anyways this afternoon she met with three of the neighborhood patrolmen that the pd sent over and they said through the extremely anal amount of documentation that she kept recording his actions that he could be picked up immediately and charged with a misdameanor. Against what I thought would be best she decided to take the officers' second option and that was they personally called the individual on his cell phone and home phone and finally got him and talked to him and basically told him everything that they had against them (why the police would show their entire hand is beyond my recollection, obviously they don't play poker) and how they had the authority to pick him up immediately.

    This all happened at around 5ish and the officers have stopped by 4 times this evening since then and the cars that patrol that particular neighborhood have the license make and model of his car and have told her they will pick him up on the spot if he is within the neighborhood.
     
  9. 45tex

    45tex Well-Known

    1,489
    14
    38
    Feb 1, 2009
    Glad to hear the PD took an interest.
    They can give away their hand as should he be charged he'd receive all that info anyway. The Police contact is now part of the file, or at least the officers notes and will be used against him if he decides to continue. That anal retention is the best thing your friend could have done.
    I don't want to hijack the thread but do you think the Police would have been as interested if she were not model pretty. I hope so, but . . .
     
  10. Your friend has taken the best course of action. What I find is that many people do not call the police until the situatuion has escalated to a boiling point. Every contact that is made with the police is documented in some form even if it is only an incident which is far better that deadly force advice received from an internet gun forum.
     

Share This Page