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CHL draw thread part II

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    CHL draw thread part II

    Just curious for the folks that have a CHL, do you carry insurance?

    If so, who do you have it with and what are you paying?

    And what coverage do they provide?

    #2
    Look up Texas law shield. All the coverage a man needs imo. The civil suits following the use of your chl is normally the hard part to go through

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      #3
      Originally posted by jmoore2006 View Post
      Look up Texas law shield. All the coverage a man needs imo. The civil suits following the use of your chl is normally the hard part to go through
      CPRC CH. 83. USE OF DEADLY FORCE IN DEFENSE OF PERSON
      CPRC § 83.001. CIVIL IMMUNITY.
      A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune
      from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable.

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        #4
        You can't be sued in Texas if you used it legally.

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          #5
          I do not have any.

          Comment


            #6
            CHL draw thread part II

            Originally posted by DarrellS View Post
            CPRC CH. 83. USE OF DEADLY FORCE IN DEFENSE OF PERSON

            CPRC § 83.001. CIVIL IMMUNITY.

            A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune

            from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable.

            Outside of the grand jury pardon I wonder how Joe horn of Pasadena was drug through civil suits? Or was he bankrupt by just paying for a legal defense. Regardless I learned something new today ^^^
            Last edited by jmoore2006; 05-06-2015, 07:01 PM.

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              #7
              No insurance here.

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                #8
                Originally posted by jmoore2006 View Post
                Outside of the grand jury pardon I wonder how Joe horn of Pasadena was drug through civil suits? Or was he bankrupt by just paying for a legal defense. Regardless I learned something new today ^^^
                I may be wrong but wasn't he the guy that killed a guy burglarizing his neighbors house? I thought he used a shotgun and wasn't a CHL holder. Our instructor used his phone conversation with 911 to illustrate what the police response time was.

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                  #9
                  Originally posted by Toddcaster View Post
                  I may be wrong but wasn't he the guy that killed a guy burglarizing his neighbors house? I thought he used a shotgun and wasn't a CHL holder. Our instructor used his phone conversation with 911 to illustrate what the police response time was.

                  May be I'm not sure honestly I had an instructor try to sell me on insurance and he gave that guys case and civil liabilities. As with anything guess I should of checked his reference

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                    #10
                    Yeah I got the Joe Horn story as well, I think it's pushed in most CHL classes in the state. I bought Texas Law Shield and I've had it a few months but I may cancel it soon.

                    Comment


                      #11
                      To get no billed or win a jury trial could cost a bundle. Just like many cops are finding out now, your guilty until proven innocent... Not every case is cut and dried no matter how much you believe your in the right.
                      Now, I don't have any of the insurance and have thought about researching it as for a poor boy I could go totally broke if I had to defend myself with lawyers. But broke is still better than being carried by 6...

                      Comment


                        #12
                        Originally posted by Bullseye07 View Post
                        You can't be sued in Texas if you used it legally.
                        Not true, you can be sued, still have to hire attorney, still have to show up for hearing. It will be dismissed but still gonna cost you some cash to defend yourself against a dead suit.

                        Comment


                          #13
                          In Texas, anyone can sue for anything. There is nothing in the law that prevents that. All PC §9.06 is saying is that, nothing in the Penal Code abolishes or impairs "any remedy for the conduct that is available in a civil suit." So someone can sue over another's use of force or deadly force. This language pre-dates, by a long way, the CHL laws. It was first added by the 63rd Legislature in 1973, and slightly amended by the 73rd Legislature in 1993.

                          Section 83.001 was added to the Civil Practice and Remedies Code by the 74th Legislature, the same year, 1995, that the CHL laws first were passed. But the wording was substantially changed by the 80th Legislature in 2007, when the so-called "Castle Doctrine" was passed as SB 378. Here's a link to view the final text of the enrolled bill where you also can see the significant changes made to CPRC §83.001. Below is how that section read from 1995 through 2007, and the current version is below it:

                          CPRC §83.001 Prior to 2007 wrote:
                          CPRC §83.001. AFFIRMATIVE DEFENSE. It is an affirmative defense to a civil action for damages for personal injury or death that the defendant, at the time the cause of action arose, was justified in using deadly force under Section 9.32, Penal Code, against a person who at the time of the use of force was committing an offense of unlawful entry in the habitation of the defendant.


                          CPRC §83.001 After 2007 wrote:
                          CPRC §83.001. CIVIL IMMUNITY. A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable.

                          The new version is much cleaner and, logically, encompasses the justified use of force as described in the Penal Code, not limited to an occurrence of unlawful entry into a habitation.

                          So, in essence--again, only my opinion--nothing in the law prevents someone from filing a civil lawsuit as a result of your use of force. However, if your use of force is justified under PC Chapter 9, you are immune from civil liability for personal injury or death.

                          The net message, is that if an incident is a "good shoot," it is extremely unlikely you would ever see a civil suit. Only a bad guy, or bad guy's family, who has so much money that they would be willing to simply throw it away just to cause you some temporary grief would ever file a suit. Your civil immunity under CPRC §83.001 means that they can't win damages from you. Only their attorney would make any money out of the case. What's more, you would be free to counter-sue for your costs to defend the suit--and possibly for other damages--and would be likely to win that one.

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                            #14
                            Originally posted by jmoore2006 View Post
                            Outside of the grand jury pardon I wonder how Joe horn of Pasadena was drug through civil suits? Or was he bankrupt by just paying for a legal defense. Regardless I learned something new today ^^^
                            If I remember correctly the grand jury defense cost him about 150k. The civil suit cost him 50k to get it dismissed.

                            Comment


                              #15
                              CHL holders are looked at more in cases than Non CHL....ie Joe Horn...because CHL holders have had training and are certified to that...but still a toss up if you go to trial, last jury I was on was full of craziy ones...best advice stay out of court at all costs

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