House Bill 1815 in action! - DFWstangs Forums
 
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post #1 of 19 (permalink) Old 12-27-2007, 02:15 PM Thread Starter
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House Bill 1815 in action!

My buddy would not have had his gun with him last night if it were not for the Bill passing.
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post #2 of 19 (permalink) Old 12-27-2007, 02:36 PM
 
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not much on the story...
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post #3 of 19 (permalink) Old 12-27-2007, 02:59 PM Thread Starter
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Quote:
Originally Posted by 360 Notch
not much on the story...
Long story short, my friend was asked to watch the office while the owner was in michigan; they had been broken in to the night before.

While aslep he hears the guy breaking back in and he goes down stairs to confront him. He ended up shooting the guy three times and killed him.

He doesn't face any criminal charges and he wouldn't have had his gun had the laws not changed enabling him to do so.
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post #4 of 19 (permalink) Old 12-27-2007, 03:00 PM
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Regardless of the law, I would have had a gun period.

My life>any law on the books.
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post #5 of 19 (permalink) Old 12-27-2007, 03:01 PM Thread Starter
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Quote:
Originally Posted by Good_Ole_Red
Regardless of the law, I would have had a gun period.

My life>any law on the books.
He would have declined the request to watch the property had he not been able to carry
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post #6 of 19 (permalink) Old 12-27-2007, 03:21 PM
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He could have carried regardless of 1815....it only pertains to concealed weapons in a vehicle.

What he might be protected by is the Castle Doctrine which prevents reprecussions if the deadly force was justified. Either way, make sure he chooses his words carefully and only speaks to the LAW with an attorney present.

Tell him good luck! Thankfully we don't have the idiots here in Dallas that protest this kind of thing happening...for the most part we welcome it!



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post #7 of 19 (permalink) Old 12-27-2007, 03:26 PM Thread Starter
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Quote:
Originally Posted by aggie97
He could have carried regardless of 1815....it only pertains to concealed weapons in a vehicle.

What he might be protected by is the Castle Doctrine which prevents reprecussions if the deadly force was justified. Either way, make sure he chooses his words carefully and only speaks to the LAW with an attorney present.

Tell him good luck! Thankfully we don't have the idiots here in Dallas that protest this kind of thing happening...for the most part we welcome it!
I confused the two. I think it will all turn out ok, i'm hoping for the best. The business owner is lawyering up on his behalf, which is a cool thing.
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post #8 of 19 (permalink) Old 12-27-2007, 05:49 PM
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Quote:
Originally Posted by aggie97
He could have carried regardless of 1815....it only pertains to concealed weapons in a vehicle.

What he might be protected by is the Castle Doctrine which prevents reprecussions if the deadly force was justified. Either way, make sure he chooses his words carefully and only speaks to the LAW with an attorney present.

Tell him good luck! Thankfully we don't have the idiots here in Dallas that protest this kind of thing happening...for the most part we welcome it!
Agreed, Castle Doctrine FTW! As far as being represented by an attorney, I'd also suggest not talking to any media without one present as well. No telling how those bastards will twist his words and make him look like the bad guy.




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post #9 of 19 (permalink) Old 12-27-2007, 06:55 PM Thread Starter
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He has denied any and all media requests and is in the process of getting an attorney other than court appointed.

Right now police are keeping everything quite in fear of retailiation because there has been a vehicle that was present that night around the area that keeps returning. It has been caught on the security cameras every time so it shouldn't be a big deal and I also don't know that they have been able to find next of kin.
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post #10 of 19 (permalink) Old 12-27-2007, 07:04 PM
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Quote:
Originally Posted by Mark817
He has denied any and all media requests and is in the process of getting an attorney other than court appointed.

Right now police are keeping everything quite in fear of retailiation because there has been a vehicle that was present that night around the area that keeps returning. It has been caught on the security cameras every time so it shouldn't be a big deal and I also don't know that they have been able to find next of kin.
Sounds potentially gang related. Our CHL instructor told us of a similar story in Houston regarding an Asian gang that kept sending guys in to collect. The funny thing was the store owner kept shooting them and disposing of them at a buddies funeral home! Don't remember the outcome on that story but I look at it as justice!

Also, he is not likely going to get an appointed attorney unless he gets charged with something. If he is never charged, he has nothing to worry about!



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post #11 of 19 (permalink) Old 12-27-2007, 07:26 PM Thread Starter
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Quote:
Originally Posted by aggie97
Sounds potentially gang related. Our CHL instructor told us of a similar story in Houston regarding an Asian gang that kept sending guys in to collect. The funny thing was the store owner kept shooting them and disposing of them at a buddies funeral home! Don't remember the outcome on that story but I look at it as justice!

Also, he is not likely going to get an appointed attorney unless he gets charged with something. If he is never charged, he has nothing to worry about!
That sounds like a movie I saw

Anyway, as it was explained to me he will be charged with Homicide, the detective will present his case to the Grand Jury and make his suggestions. The Detective said at the scene it was clearly self defense and that is what he would present but the charge sticks until it is no billed by the DA.

Once it is no billed "dropped" it will be off his record. He was not arrested or read his rights but was adviced to speak carefully and suggested he get a lawyer before he speaks.

No matter what happens criminally he can still be held responsable and have to prove his innocance in civil court, if it ever got there.

The business owner is backing him financially though and the police seem to be to. They assured him in a few days he would have nothing to worry about.
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post #12 of 19 (permalink) Old 12-27-2007, 07:27 PM
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Yeah, he aint getting court appointed unless he's gonna be charged with something.

I'd be more than happy to go on air with it. Make a simple statement that "I did what I had to and within the rights of law given to me as a US citizen, Texas resident, and by God. I will and would do it again." Then leave it at that.

But Im sure it's not all that simple.
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post #13 of 19 (permalink) Old 12-27-2007, 07:37 PM Thread Starter
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Quote:
Originally Posted by Good_Ole_Red
Yeah, he aint getting court appointed unless he's gonna be charged with something.

I'd be more than happy to go on air with it. Make a simple statement that "I did what I had to and within the rights of law given to me as a US citizen, Texas resident, and by God. I will and would do it again." Then leave it at that.

But Im sure it's not all that simple.
I'm sure when it is all over with he will comment. On a lighter and similar note the police were telling him about a shop owner in a similar situation and he got off that week only to be robbed and kill another would be robber the second time. The cop said you are within your rights and don't let this incident stop you from doing whats right.

He also suggested since his carry weapon is evidence right now he go out tomorrow and buy another incase it happens again.
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post #14 of 19 (permalink) Old 12-27-2007, 07:46 PM
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Quote:
Originally Posted by Mark817
He also suggested since his carry weapon is evidence right now he go out tomorrow and buy another incase it happens again.
Now THAT is a good point of discussion! With him being charged, would NCIS already be aware of his name and put a hold on him getting another gun? I seriously doubt they would have the system updated that quickly but there are a few questions on the form he might have issues with...right?

Another key point to be a multiple weapon owner! Backups for their buddies! LOL!

It's also good that it sounds like the cops are treating him right...following the rules but protecting him along the way.

Also the deal about civil court is a moot point....Castle Doctrine!! The moment his use of deadly force is shown as justified, ie not charged or dismissed, he is in the clear!



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post #15 of 19 (permalink) Old 12-27-2007, 07:49 PM Thread Starter
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Quote:
Originally Posted by aggie97
Now THAT is a good point of discussion! With him being charged, would NCIS already be aware of his name and put a hold on him getting another gun? I seriously doubt they would have the system updated that quickly but there are a few questions on the form he might have issues with...right?

Another key point to be a multiple weapon owner! Backups for their buddies! LOL!

It's also good that it sounds like the cops are treating him right...following the rules but protecting him along the way.

Also the deal about civil court is a moot point....Castle Doctrine!! The moment his use of deadly force is shown as justified, ie not charged or dismissed, he is in the clear!
I never thought about NCIS, very good point. He was shopping for another weapon the day before all this crazy enough.

Anyway, goodnight, talk to yall tomorrow; i'm going home for the night.
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post #16 of 19 (permalink) Old 12-27-2007, 09:42 PM
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Quote:
Originally Posted by aggie97
Now THAT is a good point of discussion! With him being charged, would NCIS already be aware of his name and put a hold on him getting another gun? I seriously doubt they would have the system updated that quickly but there are a few questions on the form he might have issues with...right?

Another key point to be a multiple weapon owner! Backups for their buddies! LOL!

It's also good that it sounds like the cops are treating him right...following the rules but protecting him along the way.

Also the deal about civil court is a moot point....Castle Doctrine!! The moment his use of deadly force is shown as justified, ie not charged or dismissed, he is in the clear!

The system only works on convictions. Besides, he was not charged. I'm sure a report was done, and the information will be presented to a Grand Jury who will either true bill, or no bill him. If he does get true billed, then the DA would instruct the PD to issue a warrant.

All of this takes time, and he could go buy a gun tomorrow without any problems.

The system also works another way, if the detective assigned had Probable Cause to think he committed an offense, he could write a warrant that would be signed by a judge. The warrant would be served, and the case would be presented to the DA for filing.

The federal system works only this way.

1. A crime is committed
2. It is investigated
3. Case is presented to a Federal Grand Jury
4. Bad guy is indicted
5. Warrant is issued....
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post #17 of 19 (permalink) Old 12-28-2007, 02:58 AM
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Fuck the law

No one is ever telling me how, when or even if I can defend myself.

Give me a dollar.
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post #18 of 19 (permalink) Old 12-28-2007, 03:36 AM
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Quote:
Originally Posted by Gimmeabeer
No one is ever telling me how, when or even if I can defend myself.

It's just the consequences you have to deal with if you don't do it in a "proper" manner.
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post #19 of 19 (permalink) Old 12-28-2007, 03:37 AM
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Me living over some jackass getting a dose of lead sounds pretty proper to me.

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