Hypothetical Carry Question

[TripleDigitRide]

I know that none of us would "accidentally" carry into an off-limits establishment, but for just a minute, let's say you did "accidentally" forget to disarm before entering. I'm mainly talking about major no-no's, like schools, government property/buildings, ect, but feel free to expound on other locations such as malls, hospitals, ect.

While you're there, a bad guy strolls in with a gun, and he/she is obviously there to cause trouble. Maybe an armed robbery. He/She is obviously very agitated, and is acting as if he/she could easily start shooting at any second.

Would you take a chance at permanently losing you HCP and/or face jail time to save the life of someone other than youself? This would require you to shoot the bad guy, of course.

[Guest Bluemax]

If faced with choice of defending myself, a loved one, or an innocent bystander, the answer is yes. I would take whatever action needed regardless of the legal consequences

[Guest kcnative]

Not that I am in any way endorsing this, but I have been told by a 2nd amendment lawyer that if you're busted carrying without a permit (in your car was the example given) because you had to use it to defend yourself (or someone else), they couldn't get you for carrying illegally.

Of course this is a different issue altogether, but I wonder if similar leniency would be given.

[Guest mikedwood]

I think there is a law on the books about such a thing. I'm not sure what it says or if it's for Tennessee but I think someone posted it awhile back.

Edited April 1, 2009 by mikedwood
added

[Reservoir Dog]

It's TCA 39-17-1322:

39-17-1322. Defenses. —

A person shall not be charged with or convicted of a violation under this part if the person possessed, displayed or employed a handgun in justifiable self-defense or in justifiable defense of another during the commission of a crime in which that person or the other person defended was a victim.

[Acts 1994, ch. 943, § 1.]

[Guest m&pc9]

I will not carry at a school or the court house. All other areas, I forget sometimes. But if its on me I will use it to save a family member.

[Fallguy]

Yes, I would risk jail before death.

[Guest nraforlife]

Yes, I would risk jail before death.

AGREE

[MudBugjr]

The old saying its better to be judged by 12 than carried by six!

[Guest LieutenantDan67]

The old saying its better to be judged by 12 than carried by six!

Absolutely true, but I can't stand that more rights seem to be given to criminals and their families than to the person who justifiably defended themselves or other persons. ESPECIALLY in civil suits, which aren't 'civil' at all.

Don't even get me started. LOL I just get down sometimes from the cases I hear about.

[jimic]

Shoot

[DWARREN123]

Judged by 12 or carried by 6?

[Guest LieutenantDan67]

Judged by 12 or carried by 6?

Put on trial before a jury of 12, or carried in a coffin by six pallbearers.

[Guest TEBISH]

Let's say the HCP holder says "Once the criminal started in I headed out to my vehicle and retrived my weapon, then I entered the building armed and stopped the crime". Without video evidence showing otherwise - what do you think the prosecutors/court would do?

[Guest TEBISH]

For example:

In October 1997, Assistant Principal Joel Myrick used a gun to stop a violent teen who was shooting up his high school in Pearl, Mississippi. The student killed two and wounded seven before Myrick could stop him. Why did it take Myrick so long to disarm the shooter? His gun was in his automobile, which was parked more than 1,000 feet from the school in compliance with the law.

In January 2002, a disgruntled student at the Appalachian School of Law in Grundy, Virginia, shot and killed the dean, a professor, and a fellow student. He was disarmed and subdued before he could harm anyone else by two students who retrieved guns from their automobiles.

[Superman]

Let's say the HCP holder says "Once the criminal started in I headed out to my vehicle and retrived my weapon, then I entered the building armed and stopped the crime". Without video evidence showing otherwise - what do you think the prosecutors/court would do?

Nothing there is a law on the books that exempts you from being charged if you use your gun in justified self defense, even if you say you were carrying.

As posted earlier

39-17-1322. Defenses. —

A person shall not be charged with or convicted of a violation under this part if the person possessed, displayed or employed a handgun in justifiable self-defense or in justifiable defense of another during the commission of a crime in which that person or the other person defended was a victim.

[Acts 1994, ch. 943, § 1.]

[Guest Guitarsnguns]

I would use it if it was a life or death situation. Whatever the consequences, it couldn't be worse than innocent lives lost.

[DaveTN]

I know that none of us would "accidentally" carry into an off-limits establishment, but for just a minute, let's say you did "accidentally" forget to disarm before entering. I'm mainly talking about major no-no's, like schools, government property/buildings, ect, but feel free to expound on other locations such as malls, hospitals, ect.

While you're there, a bad guy strolls in with a gun, and he/she is obviously there to cause trouble. Maybe an armed robbery. He/She is obviously very agitated, and is acting as if he/she could easily start shooting at any second.

Would you take a chance at permanently losing you HCP and/or face jail time to save the life of someone other than youself? This would require you to shoot the bad guy, of course.

I’ve read that half a dozen times and am still not sure I understand the question.

Is the guy committing an armed robbery, or do you just think he “looks†like he is going to do something?

Where it the world could I be that I would face jail time for “forgetting†to disarm? (Besides Illinois )

I would never use my weapon to enforce the law; I’m not a cop. Certainly I would use it if I thought someone was going to get shot; but then I’m not in violation of the law.

[DaveS]

I will agree with the replys so far, and bad things do happen to us good citizens. The big question should be, would we be willing to spend the rest of our lives in prison defending someone we do not even know? It has happened. Courts get a hold of things and won't let it go. Also, would the person you defended (other than family member) be willing to share your legal expenses as they are going to be astronomical! These are all decisions I think we need to make in a thousandths of a second!

WD

[DaveTN]

Now I’m really confused. Why are you going to prison?

[Punisher84]

I would like to think you wouldn't be charged, but there's just no way of knowing and as others have pointed before a "Defense to" is simply that, it's just a defense. It doesn't mean it's a get out of jail free card.

So you could shoot the guy and be justified and they could not press charges according to that defense 39-17-1322 or they could charge you with murder based on the newer Castle Doctrine law and the evil friendship ending gas fueled debate of the word "NOTWITHSTANDING" lol

It really boils down to what that prosecutor feels like doing, but I would hope to God if you were carrying in a school and shot a guy shooting up the place they would either not charge you or at least a jury would acquit you.

[nightrunner]

call me cold hearted or whatever, but if i am in that situation and i forgot to disarm for a prohibited area and a threat appears, the only way i am going to draw my weapon is if i myself am in immediate danger or my family or close friends. if i dont know you, sorry about your luck

[Guest jackdog]

I would tend to agree with that. Everyone has the same opportunity as me to carry. I don't carry so i can be the defender of sheep.

[Punisher84]

call me cold hearted or whatever, but if i am in that situation and i forgot to disarm for a prohibited area and a threat appears, the only way i am going to draw my weapon is if i myself am in immediate danger or my family or close friends. if i dont know you, sorry about your luck

That's pretty much my way of thinking. My job is to protect people during the day and I can do so within the confines of the law surrounding me at my place of business. Once I'm off-duty I'm not playing hero and risking the chance that I go to jail, because I doubt any of the people you "saved" would help pay your legal fees or help take care of your wife and kids while you're away.

Sad fact is, people have short memories for heroes.

[mcurrier]

Sad fact is, people have short memories for heroes.

That's true of most people.

Lenny Skutnik, where are you? I want to buy you a beer.