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Old March 22, 2005, 09:28 AM   #17
Senior Member
Join Date: February 22, 2005
Location: West Texas
Posts: 376
Another Complication

Heard on the Abilene news last night that the pizza guy did not have a CHL, so he was carrying illegally on the surface. If I remember correctly from the Texas CHL law, however, he may be okay.

There is a provision for a CHL holder who uses his weapon in an otherwise legally justified situation in a place that is prohibited from carry. That fact that he needed to resort to the use of deadly force is considered a positive defense to the charge of having the gun in a place he shouldn't have.

I don't know how this would affect a non-CHL, but I suspect the provision in the CHL law comes from a previous law that would cover this situation. Lets hope so.

BTW, the "head wound" was a grazed forehead. The other kid with the chest wound has been taken out of ICU and is doing well. Lucky, but stupid kids.
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