New potential Stand Your Ground case in Texas

[Phyphor]

https://www.youtube.com/watch?v=7DH8gkcvOQ8

Darwin 1, Goblin 0.

Yeah, this lady made some mistakes, obviously.  But in the end, she's still walking and talking, and the goblin isn't.

Not to put too fine a point on things, but I call that a win.

Now, what do you think the fallout to this will be?

[AZRedhawk44]

She's black.  He's white.

Let's indict her.  Watch was Al Sharpton does, just for sh!ts and grins.



No, I'm kidding.  Armed with umbrella (club, stabbing implement) and knife... she even "brandished defensively" prior to shooting, which is A-OK here in AZ to try and discourage any further conflict (but not mandatory).  Guy had every chance to de-escalate and walk away.

She certainly did several dumb things.  But I hope she doesn't face the charges and legal bills that Zimmerman faced.

[MechAg94]

Texas law did not have a strict duty to retreat before SYG came around.  Retreating was taught more to avoid civil lawsuit troubles as slick lawyers would argue that to gullible civil juries.  The biggest change SYG made was civil lawsuit protection.  

A guy that was bigger and likely faster than her threatened her with a knife.  She responded with deadly force.  Good for her.  Dumbasses like him and the old man interviewed are going to have to learn what the threat of death or serious bodily injury actually means.  

[Sergeant Bob]

Looks like a good shoot to me as well.

[zahc]

Can somebody please provide a summary, since "this video is not available on this device"?

[lee n. field]

Can somebody please provide a summary, since "this video is not available on this device"?

Surveillance footage, embedded in TeeVee news coverage.  Weird stuff goes down at gas station.  Man gets aggressive, and far, far too close to woman in question.  Woman pulls rifle (!!!) out of trunk and shoots his sorry a** him.  Woman takes picture and drives off (!!!).  Woman later detained.  Semi-articulate bystander ("'y know wha Im sayin'") visible on camera hanging around, later interviewed as part of news coverage.  Various folks yammering on about SYG.

[Phyphor]

Dude went at her with a knife and she rifled his sorry ass.

[AZRedhawk44]

Question:

Here in AZ, it's illegal to have a loaded long gun in your vehicle. 

What's TX law in that regard?

Obviously she had it loaded... possibly even chambered.

[AZRedhawk44]

This commentary on it is entertaining.

https://www.youtube.com/watch?v=7Q33gn8WAvw

[zahc]

Question:

Here in AZ, it's illegal to have a loaded long gun in your vehicle. 

What's TX law in that regard?

Obviously she had it loaded... possibly even chambered.

IANAL, but my understanding is that anything goes, with or without CHL, when it comes to guns in cars. Other Texicans may correct me.

[Perd Hapley]

This commentary on it is entertaining.

https://www.youtube.com/watch?v=7Q33gn8WAvw

It sure is. This one's a little more puzzling:

https://www.youtube.com/watch?v=lT25vOWgsfQ


The riflewoman appears to have come around from the driver's side to the trunk, so it looks like she may have had an opportunity to end the interview by just driving away. Hard to say, though.

[MechAg94]

Question:

Here in AZ, it's illegal to have a loaded long gun in your vehicle. 

What's TX law in that regard?

Obviously she had it loaded... possibly even chambered.

It looks like it was out of sight so it might be okay.  I doubt the local DA is going to waste much time with this one. 

[Tallpine]

Question:

Here in AZ, it's illegal to have a loaded long gun in your vehicle. 

What's TX law in that regard?

Obviously she had it loaded... possibly even chambered.

Usually those are hunting laws, to limit "road hunting" and ND accidents.  Colorado has a law like that but I don't think that it's limited to hunting even though that is the use case it is intended to cover.  Apparently Montana doesn't have any such restrictions or at least nobody seems to have ever heard of them. 

[Jamisjockey]

There is no law in Texas permitting nor banning the carry of a long arm in any configuration.  By default, long guns can be carried loaded in plain view.
Texas prohibits typical things like hunting from a vehicle, shooting from or over a road etc.
Texas is not "anything goes" for a firearm in the vehicle.  Handguns must be concealed in the vehicle.

[seeker_two]

There is no law in Texas permitting nor banning the carry of a long arm in any configuration.  By default, long guns can be carried loaded in plain view.
Texas prohibits typical things like hunting from a vehicle, shooting from or over a road etc.
Texas is not "anything goes" for a firearm in the vehicle.  Handguns must be concealed in the vehicle.

And Texas doesn't distinguish b/t loaded and unloaded firearms. Texas follows Rule #1....

[Stand_watie]

Usually those are hunting laws, to limit "road hunting" and ND accidents.  Colorado has a law like that but I don't think that it's limited to hunting even though that is the use case it is intended to cover.  Apparently Montana doesn't have any such restrictions or at least nobody seems to have ever heard of them. 

To repeat what several others have said, Texas allows unresticted long gun carry. Interestingly (to me) some years ago I looked up Maine vehicle carry regulations, and at that time they had more stringent regulations on carrying a loaded long gun in a car than a pistol. I took that to mean the law was intended as a hunting restriction law, rather than as an anti-self defense law.

[Fitz]

I have heard regarding vehicle carry in TX that TX considers your vehicle to be an extension of your house.

At least, that's what a TX trooper told me when he pulled me over for speeding and I volunteered the info that I had a loaded pistol in my center console.

I was nervous because I was still fresh out of Cali, with "the fear" in me about guns/vehicles.

He said the above, then told me that as long as I kept my "mitts" off mine, he'd keep his mitts off his.

[Brad Johnson]

I have heard regarding vehicle carry in TX that TX considers your vehicle to be an extension of your house.

Correct.  There are several reasons for this, not the least of which was to remedy the old "traveling" definition.  In earlier times it was legal to keep a firearm in your vehicle if you were traveling.  Unfortunately there was no definition of "traveling".  It was generally regarded as any time away from home that included crossing a county line and staying a night, but each jurisdiction was free to interpret (or misinterpret) the standard to their liking.  The domicile extension provision of SYG gave statewide uniformity to in-vehicle firearms possession.  IIRC it also supersedes local rules, regs, or requirements limiting or prohibiting firearms in vehicles (I need to double-check that one as Texas is also big on owner's rights and there may be a provision for contractual limits on in-vehicle possession in terms of employment contracts).

Brad

[geronimotwo]

legally she may have been justified,, but it seemed to me that she put herself at greater risk by getting the gun out of her trunk.