What would you do?

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  • Shotgun Jeremy

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    As either a CHL holder or a gun owner taking advantage of the castle doctrine, what would you do in this situation?
     

    Shooter McGavin

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    First off, I would've tried to avoid the confrontation all together. If there was room either in the lane on the left or on the shoulder to the right, I simply would've just drove off. If stuck due to vehicles or pedestrians, windows up and door locks down, call the police, and avoid escalating the situation. If things got way out of hand, my firearm would only be used as a last resort to make an escape out of the vehicle and to a safer location. I think those individuals handled the situation as it was pretty well.
     

    txinvestigator

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    The Castle Doctrine had nothing to with this scenario.

    The guy inside the truck did very well, and having the other person video it was smart. I wonder if they had yet called 911......

    Would love to know the outcome....
     

    Shotgun Jeremy

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    I brought up the castle doctrine because you don't need a CHL to have a gun in the truck. I'm just curious to see how many people would flash the gun/set it on their lap to try and get him to think twice about what he's doing.

    This happened a few years ago. From what I heard, his unit found out about this, and he received corrective action. I don't know what exactly, but knowing the Marines, it probably wasn't just a slap on the wrist.
     

    TX69

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    have my weapon ready in case he attempted busting out the window. until then he's just denting metal, I got insurance.

    This. When the window breaks I am in fear for my life. BOOM!
     

    txinvestigator

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    I brought up the castle doctrine because you don't need a CHL to have a gun in the truck.
    The Castle Doctrine has nothing to do with where you can carry. It made changes to the use of force laws. Had the guy tried to unlawfully and with force remove the guy in the truck, the Castle Doctrine would apply.


    I'm just curious to see how many people would flash the gun/set it on their lap to try and get him to think twice about what he's doing.

    This happened a few years ago. From what I heard, his unit found out about this, and he received corrective action. I don't know what exactly, but knowing the Marines, it probably wasn't just a slap on the wrist.

    I really hope.............
     

    txinvestigator

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    This. When the window breaks I am in fear for my life. BOOM!

    Being in fear of your life is not a justification for deadly force. That phrase NEVER appears in the use of force laws. In that scenario, if he broke your window you would have to reasonably believe deadly force was immediately necessary to prevent his use or attemped use of unlawful deadly force against you. Or you must reasonably believe the deadly force was immediately necessary to prevent the imminent commission of robbery, aggravated robbery, murder, aggravated kidnapping, sexual assault or aggravated sexual assault.

    Fortunately, the Castle Doctrine says that if the person had unlawfully and with force, or attempted to unlawfully and with force removed you from your occupied vehicle, then the requirement to have reasonable believe as stated above has been met.
     

    mitchntx

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    "Get out so I can beat your ass" ... yeah, that's gonna happen.

    have my weapon ready in case he attempted busting out the window. until then he's just denting metal, I got insurance.

    I struggle with response and ask stupid questions every time this subject comes up. So be kind.

    "Attempting to bust out a window"

    It appeared to me he was beating on it pretty hard. He then walks around and begins the same thing and the wife has a slightly opened window.

    At what point in time do you consider it to be a full blown "attempt"?
     
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