Many of know about the use of force or deadly force when it applies to ourselves or immediate loved ones. However, the question of whether that protection applied a neighbor or total stranger was recently posed on The Shooter’s Log. For legal matters it is always best to consult an attorney, so U.S. Law offered the solution.
Posts Tagged ‘Texas Law Shield’
The law can be very broad, widely interpreted and often misunderstood. Don’t find yourself in a situation where your misinterpretation causes you to go from singing Auld Lang Syne to Jailhouse Rock. In the following series of videos, U.S. Law Shield Program Attorneys discuss the top 5 gun law misconceptions for specific states.
Half the fun of firearms is the time spent at the range making brass, the rest is finding new ways to make your gun look cool, or more importantly, more functional. However, with the patchwork of laws across various states, adding so much as a single accessory could land you on the wrong side of the law and jeopardize your Second Amendment rights. Here are a handful of videos, specific to individuals states, to keep you within legal bounds. However, even if your state is not covered in the videos, the videos are a great starting point to determine the right questions you’ll need answered before buying the latest gadget or piece of furniture for you firearm.
Every day, innocent legal gun owners are questioned by police in public. Understand the three types of contact you will have with police, what your rights are during the contacts, and if you have to tell the officers you are carrying a firearm in this video from U.S. Law Shield.
Calling 911 after a self-defense incident can be one of the most stressful experiences you may, unfortunately, ever find yourself in. Watch as U.S. Law Shield Independent Program Attorney Richard Hayes teaches you five must-know tips that could help determine your freedom.
Many of us have school-age children. This makes balancing their safety while not running afoul of the law difficult for the majority of us who carry a firearm. Every state is different. Unfortunately, we can cover them all, but this article is a good primer. If you are not fortunate enough to call yourself a Texan, at a minimum, U.S. Law Shield will give you dependable advice and the questions you need to be answering for your state’s laws.
If you ever encounter a situation where you have to stop and render aid to another person do you know what liability you may face? Watch Independent Program Attorney Ed Riley teach you the law so you won’t have to hesitate when it comes to saving a life.
What comes to your mind when you think of first aid? Is it CPR? Or perhaps the Heimlich maneuver? Both are lifesaving skills that everyone should know. But have you ever thought about what happens when someone is bleeding out from a gunshot wound? If you were faced with this scenario would you know what to do?
Just because it is the holidays, does not mean we can let our guard down. In fact, traveling to areas you are not as familiar with, crowded shopping malls, or on significant holidays all raise the threat from the everyday criminal as well as the lone wolf attacker. As a result, sadly, we need to be more vigilant and ready to take responsibility for our own safety. However, crossing state lines could land you an invite for Christmas dinner in the pokey. Here’s a list of the top five states to avoid while carrying with firearms, along with a handful of (dis)honorable mentions.
Watch U.S. LawShield of Pennsylvania Independent Program Attorney Justin McShane break down the legality of using non-knife or non-firearm weapons for self-defense Pennsylvania and Edwin Walker independent program attorney for Texas. The videos give guidance on the use of items such as tasers, stun guns, pepper spray, and clubs.
A viral social media post is suggesting that it may be okay to shoot someone to defend a statue. An Independent Program Attorney at U.S. & Texas LawShield® begs to differ. Texas LawShield recently became aware of a viral Facebook post telling people they can shoot someone vandalizing a statue.
What can you do if someone is breaking into your vehicle while you’re at your house? Well, first of all, in case you were wondering what this crime is called, it’s burglary of a motor vehicle. Now, that’s what makes this discussion interesting, because as you may already know, you can have the right to respond with deadly force when someone is committing a burglary against your property. The problem here is that the statute only reads burglary, and there are multiple different kinds of burglary in the state of Texas.
A recent national television report asserted that road-rage incidents are becoming more common and more deadly. One of the latest incidents took place in Pennsylvania, in which a man is alleged to have shot and killed a teenage girl during a traffic merge. Click to watch level-headed advice from your Independent Program Attorney about what to do—and what not to do—in these situations.
Hello, my name is Edwin Walker. I’m an Independent Program Attorney with Texas Law Shield.
I want to talk to you today about an issue that we see on a daily basis. In fact, you will encounter it on a daily basis—the subject of road rage. I am sure that you have all seen road rage. You may have actually been involved in a road rage incident.
Now, if you’re a responsible gun owner, I’m going to give you a few words of advice on how to react when you find yourself in one of these unfortunate road-rage incidents. While on the roadways, we all observe something that makes us upset, whether it’s poor driving, unsafe driving, or just simply somebody being very discourteous.
By all means, you should restrain yourself from engaging that person and telling them how bad their actions were because this can be perceived as an act of road rage. If you’re a lawful gun owner and have a firearm in your vehicle, you do not want to be viewed as the aggressor in a road-rage situation.
Now, about a situation where an individual has chosen to rage against you, and you are the actual victim of road rage, if you and the other individuals are still in their automobiles, do not use your firearm to respond to any of the rager’s activities. This is because law enforcement views the fact that you’re both still safely in your metal boxes as removing any threat of immediacy that you may be harmed.
So please, if you have a gun, and somebody is raging against you, forget that you have a gun, don’t display it, don’t brandish it, don’t show it, don’t point it, and for God’s sake, don’t fire it. This could result in a lot of trouble for you. Now let’s look at a situation where a road rage incident has escalated to the point where one of the participants has actually gotten out of their vehicle. We recommend that you stay in your vehicle at all times. Do not exit your vehicle because the person who left their vehicle is going to be looked at as the aggressor.
If the other individual has exited his or her vehicle and the person is not in contact with your vehicle, and they do not have a weapon, then do not feel that you can display your weapon in the act of self-defense. People are allowed to just simply stand there and scream at you—scream whatever they want—until they make a demonstrative effort to try to harm you. There is no immediate threat that would justify displaying or shooting or brandishing your firearm.
Now, if the person shows a weapon, in particular, a firearm, the existence of a weapon would give you reasonable belief that there was an immediate threat of harm that would justify an act of force or deadly force.
Even in this situation, I would be very cautious. Now, if this situation escalates even further, where the person has actually made physical contact with your vehicle, whether they are beating on it with an instrument with their fists or they’re attempting to open your door, this would give you the facts that you would need to show that you had a reasonable belief that that individual is unlawfully and forcefully attempting to either enter your vehicle or remove you from your vehicle. This is very very important because this falls under what is commonly known in Texas as the Castle Doctrine.
The Castle Doctrine provides that an individual is given a presumption of reasonableness if they use force or deadly force in a situation where they believe that the person is unlawfully and forcefully either attempting to enter their occupied vehicle or remove somebody from their occupied vehicle. This legal presumption can be very very important because this legal presumption then says that you are allowed to use force or deadly force in response to this other individual’s actions.
We want to keep you safe out on the roadway, so keep these words of advice in mind and try to have a little less road rage out there. If we have a little less road rage, maybe we’ll have a safer world.
Have you ever been involved in a road rage incident? What happened? Was a firearm involved? Share your answers in the comment section.
Check out these other great articles from U.S. Law Shield and click here to become a member:
The Hearing Protection Act has been attached to the SHARE Act, a sportsman’s omnibus bill with a lot of pro-gun features.
The 85th Texas Legislature adjourned on May 29, and in the session, legislators passed several bills that enhance gun-owners’ rights in the state. Following are descriptions of several bills that have passed the Legislature and have either been signed or are awaiting Gov. Abbott’s signature:
There’s nothing quite like Texas Hog Hunting! It’s some of the most exciting hunting you can do anywhere. If you prefer hunting from a blind or stand, you can hog hunt. Prefer baiting your quarry to show up at the feeder? Texas hog hunting is for you! Hate the idea of hunting over bait but love spot and stalk hunting? Well, Texas hog hunting is for you, too! Too hot in Texas? Not at night! So, while spotlighting deer is illegal, spotlighting hogs is certainly a legal option.
Criminals can strike anywhere at any time. You should always be prepared, and carry your gun just like Luis, one of U.S. Law Shield’s members from Texas.