texas concealed handgun license - Capitol Area Practical Shooting

Transcription

TEXAS CONCEALED HANDGUN LICENSE STUDENT HANDBOOK & COURSE CIRICULUMN PRESENTED BY www.CAPS‐CHL.com John and Julianna Crowder 202 Walton Way Ste 192‐161 Cedar Park, TX 78613 512‐944‐2911 info@caps‐chl.com Requirements To Apply Review the Eligibility Requirements (view our website for link) before you begin the process. If you do not meet the requirements there are no refunds for the class or application fee paid to the state of Texas. NEW APPLICANTS: Steps to Apply for Your CHL (not necessarily in this order) must be completed before you can submit your final application to DPS: 1. Go to DPS website and submit your online application: https://www.texasonline.state.tx.us/txapp/txdps/chl/ or Google TX DPS CHL. At the end of the application form (after you pay the state's fee), you will print out a receipt of your payment and a checklist of other required items to be included in your packet. You will recognize this sheet by the huge barcode at the top of the page. SAVE AND PRINT THIS SHEET. It must be mailed in with the remainder of the application materials after you have taken the class. Once you have completed step 1 you only have ONE YEAR to complete the remaining steps or you will forfeit your application fee to TX DPS 2. Register for and take a CHL class. You must pass the written test and the shooting test. Once you have passed both sections of the class we will provide you a Completion Certificate (CHL‐
100). CAPS offers a regular schedule of classes in Cedar Park and Fort Hood, registration links can be found on the home page. 3. Obtain two passport photos. We provide photos as part of our class fee for our regularly scheduled classes. We do not provide photos for private classes, unless it is a group of 10 or more. You can go to Wal‐Mart, Walgreens, CVS, etc to obtain photos. We will also provide you the Photo Holder/ID Signature Form and envelope for your pictures. 4. Fingerprints: DPS NO LONGER ACCEPTS ROLLED‐INK PRINTS. You must get your fingerprints taken at an L1 Identity contracted provider. They are the sole provider of DPS‐authorized fingerprint services. You MUST make an appointment for your fingerprint session with L1, they do not accept walk ins. Go to the website: http://www.ibtfingerprint.com/ or call 1‐888‐467‐
2080 to schedule an appointment. Your prints will automatically be submitted to DPS. This step can be done any time after you complete step 1 5. Submit your packet to DPS with all necessary materials: Receipt/Checklist, CHL‐100, photos, photo holder form. Your checklist may include additional items depending upon your own circumstances, such as proof of military status, court records for prior criminal history, proof of citizenship, etc. RENEWAL APPLICANTS: Steps to Apply For Your Renewal CHL 1. Go to DPS website and submit your online application: https://www.texasonline.state.tx.us/txapp/txdps/chl/ or Google TX DPS CHL. At the end of the application forms (after you pay the state's fee), you will print out a receipt of your payment and a checklist of other required items to be included in your packet. You will recognize this sheet by the huge barcode at the top of the page. SAVE AND PRINT THIS SHEET. It must be mailed in with the remainder of the application materials after you have taken the class. Once you have completed step 1 you only have SIX MONTHS to complete step 2 or you will forfeit your application fee to TX DPS. 2. Register for and take a CHL class. You must pass the written test and the shooting test. Once you have passed both sections of the class we will provide you a Completion Certificate (CHL‐
100). CAPS offers a regular schedule of classes in Cedar Park and Fort Hood, registration links can be found on the home page. 3. Submit your packet to DPS with all necessary materials: Receipt/Checklist, CHL‐100, photos, photo holder form. Your checklist may include additional items depending upon your own circumstances, such as proof of military status, court records for prior criminal history, proof of citizenship, etc. **The Department will attempt to utilize existing prints on file for renewal applications. However, if the prints on file do not meet current quality standards, new fingerprints must be submitted electronically. What to Expect During Your CHL Class We offer classes on a regular schedule in Cedar Park on the 1st Saturday and Fort Hood on the 2nd Saturday. Weekday and evening classes are offered periodically or by request. Private classes for groups, organizations, or individuals can be add to the calendar by contacting us for more information. Required Course Hours New License 8:00am‐7:00pm Renewal License 8:00am‐1:00pm or 1:00pm‐7:00pm Topics to be covered in class: Legal Aspects of Concealed Carry Discussion of Texas Law In Regards To Use of Force/Deadly Force Non Violent Dispute Resolution Safe Handling & Storage Of Firearms Basic Marksmanship and Range Brief Gun & Caliber Selection For Concealed Carry Situational Awareness and Mental Preparation for Concealed Carry Video & Audio Examples Written Test It is required that each applicant take a written test that consists of 50 questions multiple choice and true/false questions. A score of 70% is required to pass the classroom portion of class Range Qualification It is required that each applicant participate in 50 round course of fire scoring a 70% or better to pass the range portion of class. Student Handbook Once you are enrolled in class you will receive an email prior to your class with the password to access your student handbook. CHL‐100 Course Completion Certificate Once you have completed the required class hours, we will give you a CHL‐100 to add to your packet to be sent to TXDPS for processing. Range Qualification Revolver or Semi Auto? If you qualify with a revolver you will only be licensed to carry a revolver. We highly recommended you qualify with a semi‐auto so you may choose to carry either a semi‐auto or revolver. Pistol must be a .32 caliber or higher for the Range Qualification. After you get your license you may carry any caliber. What to bring to the Range .32 or higher handgun & 2 Mags 50 rounds of ammo Eye Protection (sunglasses ok) Ear Protection Hat Appropriate weather gear Closed toe shoes Ladies‐ avoid V‐neck shirts. Hot brass is not cool! Gun Rental $25 includes use of 9mm semi‐auto handgun and ammo (If you do yet own a handgun, or would just like to use one of ours) The Course of Fire‐ Must score 175 to pass 3 yard line ‐ 20 shots:  1 shot in 2 seconds, 5 times  2 shots in 3 seconds, 5 times  5 shots in 10 seconds, once 7 yard line ‐ 20 shots:  5 shots in 10 seconds, once  1 shot in 3 seconds, 5 times  2 shots in 4 seconds, once  3 shots in 6 seconds, once  5 shots in 15 seconds, once 15 yard line ‐ 10 shots:  2 shots in 6 seconds, once  3 shots in 9 seconds, once  5 shots in 15 seconds, once
Military Exemption For Range Qualification Active Duty Military or Veteran with a range qualification within (5) five years can opt out of the range portion of class. You must provide a copy of the range qualification to us, and also include a copy with your application packet. If does not imply that your class hours will be less than 10 hours. § 411.1881. EXEMPTION FROM INSTRUCTION FOR CERTAIN PERSONS. (a) Notwithstanding any other provision of this subchapter, a person may not be required to complete the range instruction portion of a handgun proficiency course to obtain or renew a concealed handgun license issued under this subchapter if the person: (1) is currently serving in or is honorably discharged from: (A) the army, navy, air force, coast guard, or marine corps of the United States or an auxiliary service or reserve unit of one of those branches of the armed forces; or(B) the state military forces, as defined by Section 431.001; and (2) has, within the five years preceding the date of the person's application for an original or renewed license, as applicable, completed a course of training in handgun proficiency or familiarization as part of the person's service with the armed forces or state military forces.
Contact Information: Texas Department of Public Safety REGULATORY LICENSING SERVICE MSC 0245 TEXAS DEPARTMENT OF PUBLIC SAFETY PO BOX 4087 AUSTIN TX 78773‐0245 Phone:1‐800‐224‐5744 Email: [email protected] GLOSSARY OF LEGAL TERMS 
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Adjudication – The formal giving or pronouncing a judgment or decree in a cause; also judgment given. It implies a hearing by a court. Civil Action – Action brought to enforce, redress, or protect private rights (in general, anything not criminal). Concealed Weapon – As noted in the statute, this means a handgun, the presence of which is not openly discernable to the ordinary observation of a reasonable person. Criminal Trespass – The offense committed by one who, without license or permission to do so, enters or secretly remains in any building or occupied structure. Deferred Adjudication – Specialized form of probation allowed for under Texas Code of Criminal Procedure, Article 42.12, sec. 5(d). In a hearing where the defendant pleads guilty or no contest, the judge may place him or her on deferred adjudication where the defendant must successfully complete any terms as set out by the judge over a certain period of time. At the end of this time, the judge may dismiss the charges if all conditions have been met. Under the CHL, this is treated as a conviction. Denial – To refuse to grant (a license). Denials occur before a license is ever granted (also see revocation and suspension). Foreseeability – The reasonable anticipation that harm or injury is likely to result from certain acts or omissions; established that the actor, as a person of ordinary intelligence and prudence, should reasonably have anticipated danger to others created by his negligent act: Gross Negligence – An innocent or willful failure to perform an unmistakable duty in reckless disregard of the consequences. (also see negligence) Handgun – Under Ch 49.01 of the Texas Penal Code: any firearm that designed, made, or adapted to fire with one hand. Immunity – Under Chapter 49 of the Texas Penal Code, intoxicated is defined as either A) not having normal use of mental or physical faculties by reason of the intoxication of alcohol or other drug or B) having an alcohol concentration of .10 or more. This is the standard uses in DWI cases, and has potential to be used in CHL cases. Liability – Responsibility, being bound by both law and justice to do something that may be enforced in a court of law; may be either civil or criminal. Negligence – Failing to do something a reasonable person would do: failure to perform a duty. (see also gross negligence) Personal Identification Card – Form of identification issued by the Texas Department of public Safety. This is similar to a driver’s license, but used by those who don’t drive and is used for identification purposes only. Can be used as part of one’s proof of residency. Principal/Agent Relationship – A “principal” describes one who has permitted or directed another (the “agent”) to act for his benefit and subject to his direction and control, such that the acts of the agent become binding on the principal. Reckless – careless heedless, inattentive, indifference to consequences, even though no harm to others was intended. Residence – Personal presence and the intention of remaining in a place, and is determined through both fact (i.e. a driver’s license, rent payments, voter registration) and present intention to remain. Revocation – To annul or make void by taking back. Under 4413 (29cc) sec. 12, the revocation of a license to carry is effective for at least two years from the date the license was revoked. (see also denial and suspension) Suspension – A temporary withdrawal of privileges. Under 4413 (29cc) sec. 13, a suspension shall be for no more than three years and not less than one year. (also see revocation and denial) You will be asked to sign this waiver when you arrive at class. Please review it. WAIVER AND RELEASE OF LIABILITY FOR
PARTICIPATION IN CHL CLASS AND FIREARMS INSTRUCTION
ASSUMPTION OF RISK, WAIVER, RELEASE, INDEMNIFICATION, AND COVENANT NOT TO SUE
THIS IS A LEGALLY BINDING AGREEMENT SETTING FORTH CERTAIN TERMS AND
CONDITIONS UNDER WHICH, AND IN CONSIDERATION OF WHICH, YOU ARE ALLOWED
TO PARTICIPATE IN TODAY'S JJBM, LLC DBA CAPITOL AREA PRACTICAL SHOOTING AND
WOMEN’S SAFETY ACADEMY TEXAS CHL CLASS AND FIREARMS INSTRUCTION. READ IT
CAREFULLY AND DO NOT SIGN IT IF YOU DO NOT UNDERSTAND IT OR ARE NOT
WILLING TO ACCEPT ALL OF THE TERMS AND CONDITIONS IN IT.
I, the undersigned and identified person, desire to participate in a Concealed Handgun Class and Firearms
Training (“CHL Class”) being conducted and administered by JJBM, LLC dba Capitol Area Practical
Shooting and Women’s Safety Academy Texas. As an essential component of my consideration to
participate in the activities included in and surrounding the CHL Class, I hereby enter into and agree to be
bound by the terms of this Waiver And Release Of Liability For Participation In CHL Class, I on behalf
of myself and my heirs, representatives, administrators, and assigns and anyone claiming through you,
fully, irrevocably, and forever waive, release, and discharge JJBM, LLC dba Capitol Area Practical
Shooting and Women’s Safety Academy Texas and its directors, officers, members, agents, and
representatives, affiliated organizations, and all other class participants (all of the foregoing individually
and collectively "Released Parties"), from and against any and all claims for personal injury and/or death
to yourself or any other person, for property damage of any sort, and for any other claims, demands,
causes of action, costs, expenses, attorneys fees, court costs, and liabilities whatsoever relating in any way
to today's CHL class or my presence on the range property (all of the foregoing individually and
collectively "Claims"). You further agree to indemnify, defend, and hold harmless all Released Parties
from and against any and all Claims arising out of or relating to your presence on the range property
and/or your participation in today's class. I further agree and represent that neither I, nor anyone claiming
through myself, will bring or maintain any suit or cause of action, or make any claim against, against any
Released Party relating in any way to today' CHL class.
I HEREBY ACKNOWLEDGE UNDERSTAND AND AGREE TO THE FOLLOWING:
I understand and acknowledge that guns and ammunition are destructive devices capable of causing
serious injury or death, and are inherently dangerous. I also understand that shooting also is inherently
dangerous and may result in serious injury or death. I represent that I am attending today's CHL class
voluntarily and that no one has led me to believe, nor do I believe that, JJBM, LLC dba Capitol Area
Practical Shooting and Women’s Safety Academy Texas has taken any precautions to protect my safety.
I have assumed, and do hereby assume, all of the risks—including but not limited to substantial risks to
your safety and life—associated with my presence at and use of the range facilitates and participation in
today's CHL class; I will abide by all of the rules and regulations of the range facility, the directions of the
range officers; and I will use eye and hearing protection at all times when shooting activity is nearby; and
I fully understand that I and other students in the class will have access to and must handle firearms and
ammunition as an essential part of the curriculum of the CHL Class. I further acknowledge that handling
firearms and using firearms can INVOLVE RISK AND DANGERS of serious bodily harm, serious
bodily injury, including DEATH. I fully understand these risks and dangers may be caused by my own
actions, or my own inactions, omissions, the actions or inactions of other participants in the class, the
conditions in which the handling of firearms takes place (including but not limited to the firing range and
its equipment and other firearms facilities or equipment), and/or the negligence of the released named
above. I hereby FULLY ACCEPT AND ASSUME ALL SUCH RESPONSIBILITY FOR THE RISKS
DESCRIBED ABOVE while a participant in the CHL Class, and
I Agree and Warrant that I will examine and inspect each activity or piece of equipment involved in the
CHL Class (including but not limited to firearms, ammunition, holsters, firing range, firing range
equipment, hearing protection, eye protection, or any other equipment used in or for the CHL Class). I
hereby FULLY ACCEPT AND ASSUME ALL RESPONSIBILITY FOR THE RISKS of using any
facility or equipment used in or for the CHL Class, regardless of the origin or ownership of the
equipment. If I observe any activity or equipment I consider to be hazardous or potential harmful to
myself or others, I will notify the instructor of the CHL Class immediately and I will refuse to take part in
any activities I consider unsafe until the condition has been corrected to my satisfaction, and
I understand the curriculum of the CHL Class includes sections that cover several topics regarding
firearms. However, I fully understand that I am solely responsible for if, when, where and how I shall
own, posses, carry, or use a firearm and/or weapons. Further, I fully understand that I am solely
responsible for and charged with knowing the current laws of Texas regarding firearms and those
governing concealed carry. Further, I fully understand that after the CHL Class is concluded that if I make
the decision to own, posses, and/or carry a firearm, including a concealed handgun, I am solely
responsible for complying with all laws, statutes and regulations. Further, if I ever decide to use or not to
use my firearm as a weapon for any purpose this decision is solely my responsibility and based upon the
circumstances that exist at the time and my own personal judgment. Further, any opinions that may be
expressed in the CHL Class concerning use of force, use of deadly force, use of firearms doctrines, use of
personal defense doctrines, use of ammunition, use of a particular technique, product, or manufacture of
personal defense product or otherwise, or personal defense doctrine, is strictly the opinion of that
instructor, and, I shall make my own independent decisions regarding the validity of those opinions.
I further FULLY WAIVE, RELEASE, INDEMNIFY, HOLD HARMLESS and DISCHARGE JJBM,
LLC dba Capitol Area Practical Shooting and Women’s Safety Academy Texas and its owners,
employees, managers, officers, agents, assigns, and their contracted entities involved in the CHL Class,
from any and all liability, claims, demands, actions, rights of action, cause of action, or legal proceeding
whatsoever, whether personal to me or to a third person based upon any injury that may be claimed, by
me or any other person, to have arisen out of the undersigned participation in the CHL Class or anything
that the undersigned may have been taught, learned, not taught, or did not learn, in the CHL Class.
I HEREBY VOLUNTARILY AFFIRM AND AGREE that I FULLY WAIVE, RELEASE,
INDEMNIFY, HOLD HARMLESS, and DISCHARGE JJBM, LLC dba Capitol Area Practical Shooting
and Women’s Safety Academy Texas and its owners, employees, managers, officers, agents, assigns, and
their contracted entities involved in the CHL Class, from any and all liability, claims, demands, actions,
rights of action, cause of action, or legal proceeding whatsoever, whether personal to me or to a third
person should I become injured from whatsoever cause (whether physically, financially, or emotionally)
or cause injury to others while I am involved in activities during the CHL Class, or coming or going to
any activity during the CHL Class.
I acknowledge, affirm, and agree that I have had sufficient opportunity to read this entire WAIVER and
RELEASE of my rights, that I understand its content, and that it is legally binding, and that I executed it
freely without duress of any nature, and intend this document to be a complete and unconditional release
of all liability to the greatest extent of the law and agree that if any portion of this agreement is held
invalid, the balance shall continue in full force and effect. THE WAIVER, RELEASE, AND
INDEMNIFICATION PROVISIONS PROVIDED FOR IN THIS AGREEMENT ARE AGREED TO IN
EVERY DETAIL, ARE INTENDED TO BE GIVEN FULL AND LITERAL EFFECT, AND SHALL
BE APPLICABLE WHETHER OR NOT ANY CLAIM ARISES SOLELY OR IN PART FROM THE
GROSS, ACTIVE, PASSIVE, OR CONCURRENT NEGLIGENCE, STRICT LIABILITY, OR OTHER
FAULT OF ANY RELEASED PARTY. YOU HEREBY EXPRESSLY ACKNOWLEDGE AND
AGREE THAT THIS STATEMENT COMPLIES WITH THE “EXPRESS NEGLIGENCE RULE” AND
CONSTITUTES NOTICE
CASTLE DOCTRINE
AN ACT relating to the use of force or deadly force in defense of a person. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 9.01, Penal Code, is amended by adding Subdivisions (4) and (5) to read as follows: (4) “Habitation” has the meaning assigned by Section 30.01. (5) “Vehicle” has the meaning assigned by Section 30.01. SECTION 2. Section 9.31, Penal Code, is amended by amending Subsection (a) and adding Subsections (e) and (f) to read as follows: (a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor [he] reasonably believes the force is immediately necessary to protect the actor [himself] against the other’s use or attempted use of unlawful force. The actor’s belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor: (1) knew or had reason to believe that the person against whom the force was used: (A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor’s occupied habitation, vehicle, or place of business or employment; (B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor’s habitation, vehicle, or place of business or employment; or (C) was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery; (2) did not provoke the person against whom the force was used; and (3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used. (e) A person who has a right to be present at the location where the force is used, who has not provoked the person against whom the force is used, and who is not engaged in criminal activity at the time the force is used is not required to retreat before using force as described by this section. (f) For purposes of Subsection (a), in determining whether an actor described by Subsection (e) reasonably believed that the use of force was necessary, a finder of fact may not consider whether the actor failed to retreat. SECTION 3. Section 9.32, Penal Code, is amended to read as follows: Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person is justified in using deadly force against another: (1) if the actor [he] would be justified in using force against the other under Section 9.31; and (2) [if a reasonable person in the actor's situation would not have retreated; and [(3)] when and to the degree the actor [he] reasonably believes the deadly force is immediately necessary: (A) to protect the actor [himself] against the other’s use or attempted use of unlawful deadly force; or (B) to prevent the other’s imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery. (b) The actor’s belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor: (1) knew or had reason to believe that the person against whom the deadly force was used: (A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor’s occupied habitation, vehicle, or place of business or employment; (B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor’s habitation, vehicle, or place of business or employment; or (C) was committing or attempting to commit an offense described by Subsection (a)(2)(B); (2) did not provoke the person against whom the force was used; and (3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used [requirement imposed by Subsection (a)(2) does not apply to an actor who uses force against a person who is at the time of the use of force committing an offense of unlawful entry in the habitation of the actor]. (c) A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section. (d) For purposes of Subsection (a)(2), in determining whether an actor described by Subsection (c) reasonably believed that the use of deadly force was necessary, a finder of fact may not consider whether the actor failed to retreat. SECTION 4. Section 83.001, Civil Practice and Remedies Code, is amended to read as follows: Sec. 83.001. CIVIL IMMUNITY [AFFIRMATIVE DEFENSE]. A [It is an affirmative defense to a civil action for damages for personal injury or death that the] defendant who uses force or[, at the time the cause of action arose, was justified in using] deadly force that is justified under Chapter 9 [Section 9.32], Penal Code, is immune from civil liability for personal injury or death that results from the defendant’s [against a person who at the time of the] use of force or deadly force, as applicable [was committing an offense of unlawful entry in the habitation of the defendant]. SECTION 5. (a) Sections 9.31 and 9.32, Penal Code, as amended by this Act, apply only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for this purpose. For the purposes of this subsection, an offense is committed before the effective date of this Act if any element of the offense occurs before the effective date. (b) Section 83.001, Civil Practice and Remedies Code, as amended by this Act, applies only to a cause of action that accrues on or after the effective date of this Act. An action that accrued before the effective date of this Act is governed by the law in effect at the time the action accrued, and that law is continued in effect for that purpose. SECTION 6. This Act takes effect September 1, 2007. 8/26/2011
“Arms keep Peace”
Latin Proverb
Gun Owner’s Responsibilities
“Arms and books need to be looked at every day”
Dutch Proverb
“Take care of your equipment and your equipment
will take care of you”
Marine Infantry Rule
Safe Handling &
Storage of Firearms
It is the gun owner’s responsibility to learn and follow all
applicable laws that pertain to the purchase, possession and use
of guns in his or her jurisdiction
American’s enjoy a right that citizens
of many other countries do not, the
right to own guns.
With this right comes responsibility to
store operate and maintain his or her
store,
guns safely.
It is the gun owner’s
responsibility to ensure
that unauthorized and
untrained individuals
cannot gain access to
his or her guns.
Guns are neither safe
nor unsafe by
themselves.
When people practice
responsible gun
ownership, guns are
safe.
Why Americans Own Firearms
Recreational Shooting
Hunting
Eagle Peak Shooting Range, Leander
Best of the West Shooting Sports, Liberty Hill
Not pictured: Texas Star Shooting Range, Kempner
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Competitive Shooting
Gun Collecting
www.CAPS-CLUB.org
Central Texas Match Schedule
Personal Protection
Constitutional Right
Three Fundamentals of
Safe Gun Handling & Rules
Safety Rules For
Using or Storing Firearms

ALWAYS keep the gun pointed in a safe direction
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ALWAYS keep your finger off the trigger until ready to shoot
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ALWAYS keep the gun unloaded
until ready to use
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Know your target and what is behind it
Be sure the gun is safe to operate
Treat every gun as if it was loaded
Check TWICE to be sure firearm is unloaded
Know how to use the gun safely
Use only the correct ammunition
Wear eye and ear protection
Never use alcohol or drugs before or while shooting
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Making A Firearm
Accessible To A Child
Penal Code 46.13
Major Causes of Gun Accidents

Ignorance
 Doesn’t know Safe Handling Rules
 Doesn’t know how to Operate Safely
 Haven’t read owners manual
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Carelessness
 Does know the rules and operate safely
 Didn’t unload properly- negligent
Education of Children & Teens
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Parents should be positive role models
for their children
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Parents should decide when their
child is old enough to receive gun safety
training
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Parents should make their child
understand the difference between
pretend and real life
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Do not keep firearms a mystery
Storage Options
Store guns so they are not accessible to
unauthorized persons:
Children
Visitors
Fi d
Friends
Relatives
Maintenance Workers
Burglars
In Short… Everyone!
Home Storage Options
Gun Safes
Gun Vaults
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Safe Rooms/Closet Vaults
Lock Boxes
www.secureavault.com
Quick Access
Biometric
www.barska.com
www.gunsafes.com
Vehicle Storage Options
Console Vaults
www.ThePistolPad.com
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www.safecarry.com
www.seatcarry.com
How Will You Carry?
Quick Access
•
Loaded or Unloaded
•
Where in the vehicle to carry
•
Concerns of passengers
JJBM,LLC DBA
CAPS/WSAT does
not control, review,
approve, or endorse
the content of this
website .
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Non‐Violent Dispute Resolution
“Avoiding a fight is a mark of honor; only fools insist on quarreling.”
Proverbs 20:3
It takes two to make a fight, but only one to end it.
takes two to make a fight but only one to end it ”
“It
Old Saying
“Tact‐ is the art of telling someone to go to hell in such a way that they look forward to the trip.”
Military Maxim
Non‐Violent Dispute Resolution
The stress response: in the beginning it saved our lives, making us run from predators and enabling us to take down prey. Today, human beings are turning on the same life saving physical reaction to cope with 30 year
same life‐saving physical reaction to cope with 30‐year mortgages, $4 a gallon gasoline, final exams, difficult bosses and even traffic jams — we can't seem to turn it off. So, we're constantly marinating in corrosive hormones triggered by the stress response.
‐Robert Sapolsky
The Communication Process
Communication is a process in which a person, through the use of signs, symbols, verbal and/or non verbal, consciously b l
i l
or not consciously but
intentionally, conveys
meaning to another in
order to affect change.
In order for
Communication
to be effective,
we must know
how to get our
message across. As a society, we have developed ways to exchange information in order to express what we want, what we need, how we feel.
In conflict situations people focus on the anger and the blame, time is wasted on accusations and
accusations and harsh words.
When this occurs, the initial purpose of the conversation is lost. Resentment, frustration, and sometimes violence can erupt causing emotional and physical injuries. In more severe instances, even death can result.
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Elements of a Conversation
Feedback is the most important element of a conversation. Speaker
Feedback
Elements of a Conversation
Message
speaker
It is the response, that determines if the information was received correctly. Feedback
Receiver
Interactions in a Conversation
What the SPEAKER intends to say
Verbal When
communicating
there are actually
six different
interactions taking place
What the SPEAKER actually said
Wh t th RECEIVER h d
What the RECEIVER heard
What the RECEIVER thinks was heard
What the RECEIVER responds back to the SPEAKER
What the SPEAKER thinks was said by the RECEIVER
Message
Receiver
Interaction in a Conversation
Non‐‐Verbal
Non
Sometimes non‐
verbal signals or
signs can be deceiving Good
deceiving. Good verbal skills can be lost among negative non‐
verbal skills
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•
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•
Facial expressions
Body position
Eye contact
Lack of eye contact
•
•
•
•
Appearance
Touch
Voice tone
Hand Gestures
Conflict Situations
Conflict situations arise because of fear, force, fair or funds. Fear is an imaginary concern for future. Force of any kind initiates and concludes conflicts.
Fair is the sense of fairness, which determines the moral
values of an individual.
Tangible as well as intangible costs may provoke conflict, and also help towards its resolution.
2
8/26/2011
Barriers to Effective Communication
 A number of things can interfere with what a person is trying to say and with how a person hears what is being said.  Barriers can be created intentionally or unintentionally.  Interpersonal conflicts arise because of differences in personality, perceptions, status and ideological and philosophical outlooks. Other causes of conflict can be communication gaps; personality differences; substandard performance; disputes over approaches, responsibility and authority; lack of cooperation; or competition for limited resources. Barriers to Effective Communication
Conflict Situations
We can Identify 6 Main Barriers
Background
Assumptions Poor Listening Customs, accents, language usage or the inability to understand the English language can prevent a person from t
f
understanding what someone is trying to say
Work or home environment, even stable relationships can all create a foundation of assumptions. If an assumption is made before the ti i
d b f
th
initial information is completed, the potential for misinformation is likely
They tend to have their own needs in mind and will make no effort to communicate, or devote the time to get the correct information. Previous Interactions Other Indications Outside Distractions
Past issues with individuals have the potential for conflict, opinions are formed and can interfere with any communication efforts
Watching your listener can give you an insight into how they are receiving your information
Noise, traffic, temperature time of day, workload, & weather can effects attempts to communicate. Try to eliminate distractions. They create their own barriers.
Basic for Ego States –
In 1964, Dr. Eric Berne wrote his now famous book “Games People Play”, and stated we are composed of three separate d f th
t
“selves”
Ego states may be described as a system of feelings accompanied by a related set of behavior patterns
Conflict Situations
Conflict Situations
Ego States
Ego States
something occurs that scares us, or catches us off guard
Parent Child
Adult
Parent
After the initial alarm, we get angry and protective
“Hey you shouldn’t do that”
“You should know better”
3
8/26/2011
Conflict Situations
Conflict Situations
Ego States
Ego States
Child
When anyone, especially an adult who is spoken to in that mode, the natural reaction is very childlike
“I’ll do it when I fell like it”
“I don’t have too”
Adult
Behaviors, thoughts and feelings which are directed to the here and now
Use words like WE, US, OUR
“You can’t make me”
Conflict Situations
The single best way to stop conflict is to speak in an adult‐to‐adult mode
This works to diffuse conflict by not allowing a person to get on the defensive and by letting them keep their self‐
respect and save face
Common mistakes that interfere with communication process
Moralistic Judgments
• Moral judgments are evaluations or opinions formed as to whether some action or inaction, intention, motive, character trait, or a person as a whole is (more or less) Good or Bad as measured against some standard of Good
• We make judgments of others to make us feel k d
f h
k
f l
better about why everything went wrong.
• Imply that people that don’t agree with us are wrong.
• Language used in these judgments include “selfish”, “lazy”, “Idiots”, etc.
• Blame, insults, criticism, comparisons are forms of judgment.
• Think in terms of others behaving in certain ways, we react in terms of their wrongness.
Communication That Blocks Compassion‐
• Bad communication habits follow us through our lives and eventually make us believe that it is the fault of everyone else when communication goes wrong. There are three (3) common mistakes that ( )
provide a breeding ground for anger, resentment, and frustration. These mistakes cause communication to become less effective.
• While we may not consider the way we talk to be “violent,” our words often lead to hurt and pain, whether for ourselves or others. Common mistakes that interfere with communication process
Making Comparisons
• Comparing others to what we would do in similar situations. By doing so we justify our anger by claiming that others did not do it the way we would have done it.
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8/26/2011
Denial of Responsibility
• Blaming everyone and everything else. Accepting no responsibility for the problem and claiming that the response or action was “because I had to…”
• People make this mistake because they use People make this mistake because they use
language that implies a lack of choice rather than using language that acknowledges choice.
Four Components of Non Violent Communication:
Observe without evaluating
Express your feelings
Acknowledge what you need
Make your request
#1 Observe without evaluating
#2 Express what you are feeling
First, we observe what is actually
Next we state how we feel when
happening in the situation:
we observe this action:
As an adult in a conflict situation we should observe what the conflict is without placing blame or participate in name‐calling.
Are you concerned about certain issues? what are we observing others saying or doing that is either enriching or not enriching our life? Is your body language expressing your concern?
The trick is to be able to articulate this observation without introducing any judgment or evaluation—
Is your body language and words helping the situation or hurting?
Are you frustrated, angry, to simply say what people are doing that we either like or don’t like
#3 Acknowledge what you need
#4 Make your request… a specific request
People have a tendency to resort to placing blame for our anger on the others involved
This fourth component addresses what we are wanting from the other person Many times, it is our expectations of people to know what it is we need that escalated our anger
we need that escalated our anger.
We tend to expect others to know what we want without us verbally expressing it
verbally expressing it
By taking the initiative and verbally expressing what we feel and what we need, most of our personal anger can be eliminated
Time is wasted on determining who’s fault it is and why it happened. Focus on the problem/conflict and getting it resolved
Especially in areas where we know each other well; home, work place, school, etc. we tend to expect others to know what we want without us verbally expressing it.
Making known what we want in return can remove the guess work and move the communication in a positive direction It is important to ensure that your message is received
5
8/26/2011
Keys To Help Redirect Negative Behavior
Keys To Help Redirect Negative Behavior
L
•Listen
L
• Look at the person
E
•Empathize
I
• Show an interest
•Ask
S
p
• Summarize what is said & repeat it back
A
T
• Territory‐ keep a comfortable space
P
•Paraphrase
E
• Empathize
S
•Summarize
N
• Nod to show you are trying to understand
Non Violent Communication
Conflict De‐escalation Techniques
Four elements in a confrontation that must be analyzed and understood by any citizen who carries a firearm is:
P
• Problem
A
• Audience
C
• Constraints
E
• Ethical Presences
Ethical Ethical
Presence
• This is a total expression of self‐control. • Words should only be used to state purpose from the adult ego, not to express opinions or make judgments about people as to their
make judgments about people as to their intelligence level or why it was their fault. • Those responses are parental or childlike. Parent and child ego states only escalate conflict. • The adult will remain in control, listen to what is being said and respond to ensure the conflict can be resolved
Problem
Audience
Constraints
• What has brought about the conflict? • Are there underlying circumstances that have generated the conflict?
• Who are the actual players? p y
• Where are they from? Cultural differences and similarities? • What roles do they play in the community?
• What sighs of impending emotional disturbance do they exhibit?
• Are there any barriers to effective communication?
• Recognize these and work toward elimination or at least working through the barrier
Common Signs of Emotional Disturbance
In a potential conflict situation, there are a number of signs that most people exhibit that indicate stress.  Clinched fist
 Sweating
 Increased respiration
 Violent outburst
 Elevated blood pressure
 Crying
 Body tremors
 Stuttering Speech
 Intense eye contact
 Tantrum behavior
We physically exhibit our stress, tension and anger
6
8/26/2011
Be prepared for emotional distress and RESPOND to this, understanding the conflict and working g
toward a solution.
DO NOT REACT, thus causing the conflict to potentially escalate.
All signs of emotional disturbance come from two sources:
1. Physiological
2. Psychological
Summary
In conclusion, there are no guarantees in life that all conflict can be resolved peacefully. If we make an effort to do as much as we possibly can to remain in the adult ego state, to effectively communicate our feelings and needs without using criticism and judgments and to express empathy and
compassion, we can reduce the chances of escalating any conflict situation. It can only be accomplished with practice and determination. By keeping ourselves in check we can refrain from saying or doing something that we may regret. Response is the key. Respond to what is being said, how it is being said, and why it is being said. Reaction, most of the time is done without thinking. Once a harmful word has left the mouth, it is nearly impossible to take it back. Getting into a conflict with someone is easy, trying to keep it from getting out of control is the hard part. Stay focused on solving the problem. 7
Capitola Area Practical Shooting
8/26/2011
Which is the best gun for me?
Gun and Caliber Selection
What do you want it do with it?
 House Gun
 Carry Gun
 Car Gun
Wh t lib d I
What caliber do I want?
t?
What type of handgun?
What features are you interested in?
What is your price range?
Revolver vs. Semi-Automatic
Revolver vs. Semi-Automatic
Revolvers
Semi-Automatic
• 5 to 8 rounds • Simple to operate
• Can be chambered with
“A t
“Automatic” ammunition with clips
ti ”
iti
ith li
• Reliable • Less ammunition carried • Reloading fast requires practice
•
•
•
•
•
Malfunctions
Double feed
www.caps-chl.com
8 to 19 rounds Carry more ammunition
Faster to reload
Faster to reload More complicated
Requires training to clear malfunctions
Magazine or Clip
Stovepipe
512-944-2911
1
8/26/2011
Triggers
Safeties
Single action
 Hammer must be in the rear position to engage each time
Traditional
Double action
 Starts from forward position
Most guns become single action after first shot
 Most guns become single action after first shot
Double action only
 Long trigger pull each time
Decocker
k
– Lever that de‐cocks the hammer safely Safe Action and Striker fired
 No external hammer
www.caps-chl.com
Sights
Sights
Sights
Sights
512-944-2911
2
8/26/2011
Fit
FBI Statistics • 70% of all lethal encounters happen at night or low light
• Average distance 5‐6 feet
Average time is 3‐5
5 seconds
seconds
• Average time is 3
• Average round count per person 6‐8
Grip
Controls
Concealment
Size and Weight
Basic Elements of
Marksmanship
Basic Elements of
Marksmanship
•
•
•
•
Positive thinking
Confidence in self and in handgun
Ability to listen to and follow instruction
Ability to employ the fundamentals of shooting.
• Determine Dominant Eye
Shooting is 80% Mental and 20% Ability
Basic Elements of
Marksmanship
Basic Elements of
Marksmanship
• Breath control
• Shooting Positions or
Stance
Isosceles
www.caps-chl.com
Weaver
512-944-2911
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8/26/2011
Holsters
Holsters
Materials:
Styles:
• Strong side
• Cross draw • Shoulder holster
Shoulder holster
• Small of back
• Ankle holster
• In the Waistband
• Pocket
Leather




www.safariland.com
www.concealcity.com
g
www.usgalco.com
www.miltsparks.com
Kydex
 www.comp‐tac.com  www.blade‐tech.com  www.crossbreedholsters.com
Holsters
Custom Holsters
•Kolbeson Leatherworks for Leather and Kydex
www.kolbesonleatherworks.com
Other Concealment Options
Options for Women
 Bang Bang Boutique
 www.bangbangboutique.com
 Chick Holsters
 www.chickhoslters.com
www chickhoslters com
 Miche Bags by Michelle Burk
Email: [email protected]
Resources:
www.CorneredCat.com
Illumination
Other Concealment Options
Bags
 Laptop bags
 “Man” bags
 Tactical Fanny Packs
• Handheld
• Weapons Mounted
Undergarments
 www.magills.com
 www.naturallyconcealed.com
 www.flashbangholster.com
www.caps-chl.com
512-944-2911
4
8/26/2011
Illumination
Rapid Light System
Firearms
Manufactures
• Safariland
• hand‐held light and gun‐
mounted light all in one.
• Clip it onto your belt, hold it in your hand, or quickly mount it to your gun for an instant tactical advantage. • No need to buy a holster to carry a light‐mounted gun. • No reason to carry a second primary light.
Smith and Wesson
Glock
J Frame
M&P
Gen 4
full size
compact
sub-compact
Glock Sport Shooting Foundation
http://gssfonline.com/
Heckler and Koch
Model 66 357
Sig Sauer
P 220
P30
P2000
P 226
P 230
HK45C
www.caps-chl.com
512-944-2911
5
8/26/2011
Springfield Armory
XD
XD compact
1911
EMP
Beretta
Storm compact
Storm sub-compact
Taurus
MODEL 605 .357
92 full size
Bobcat
Kahr
MILLENNIUM
PRO™ 111
PRO
MODEL 65 .357
911 9MM
Kel Tec
Ruger
.380
SR 9
PF9
.380
PMR-30
P 11
www.caps-chl.com
SP 101
512-944-2911
.38 LCR
6
8/26/2011
1911
Kimber Wilson Combat STI International Ammunition
Les Baer
Para Ordnance
Ed Brown
Common Defense Calibers
.380 ACP
10mm Automatic
9mm Luger .40 Smith &Wesson
.38 Special .357 Sig
.357 Magnum
.45 ACP
Ammunition Manufactures
Federal‐
HST, Hydrashok
Corbon‐
DPX, Powerball
Speer
Speer‐
Gold Dot
Remington
Remington‐
Golden Saber
Winchester‐
SXT, Ranger Hornandy‐
XTP, TAP www.caps-chl.com
512-944-2911
+ P Ammunition
7
8/26/2011
GT Distributors
Ammunition
• Defensive ammo 50 round box price same as 20 round box price
Firearms
• Special rates for law enforcement and active duty military
www.caps-chl.com
512-944-2911
www.gtdist.com
2545 Brockton Drive
Ste 100
Ste 100
Austin, TX 78768
1‐800‐443‐6283
Mon‐Fri 8:30‐6:00
Sat 9am‐1pm
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8/26/2011
Local Gun & Accessories Stores
Cedar Park Gun Store
• Hwy 183 & Buttercup in Cedar Park
• www.thetexasgunstore.com
• 512‐335‐5534
Patriot Outfitters
• Building 2502 S. W.S Young Drive Killeen
• www.patriotoutfitters.com
• 254‐554‐4000
q
Austin Gun Liquidators
• 2000‐A Picadilly Dr in Pflugerville
• www.austingunliquidators.com
• 512‐989‐85520
Dawson Precision
• 3300 CR 233 Florence, TX 76527
• 866‐300‐1911
• www.DawsonPrecision.com
Storied Firearms
• www.storiedfirearms.com
•
•
9300 U.S. Hwy 290 West, Bldg 2 Austin
Phone: 512‐394‐0125 www.caps-chl.com
512-944-2911
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8/26/2011
“Every citizen shall have
the right to keep and
bear arms in the lawful
defense of himself or the
State; but the Legislature
shall have the power, by
law, to regulate the
wearing of arms, with a
view to prevent crime.
National Map of CHL States
www.handgunlaw.us
Texas State Constitution,
Article 1, Section 23
“A well regulated Militia,
being necessary to the
security of a free State,
the right of the people to
keep and bear Arms,
shall not be infringed.”
United States Constitution,
Amendment II
Legal Aspects of
Concealed Carry
GC §411.172
pg 4-6
Residency
 Must take class in Texas
 Texas Resident
Government Codes
GC § 411 page 3-29
 Has Texas state issued DL & is registered to vote in the county in which
you live
 You become a Legal Resident after 6 months
 Non Resident License
 Please refer to GC §411.173
 Must have a DL or ID from another state
1
8/26/2011
GC §411.172
pg 4-6
GC §411.172
Age- You must be at least 21 years of age,
Has not been convicted of a felony
 Exemption: active military is 18.

◦ Does not affect ability to purchase guns or ammo from an FFL or private
person.
A felony conviction makes an individual ineligible for a CHL
o
A person with deferred adjudication probation for a felony offense
under Title 5 or Ch 9 Penal Code offense is still not eligible
o
If your felony is expunged, pardoned or otherwise vacated from your
y mayy apply
pp y for a CHL
record,, you
o
Please review GC § 411.1711 for complete descriptions
◦ Some states do not recognize Active Duty CHL for persons under 21 years
of age
GC §411.172
pg 4-6
You must not be currently charged with the commission of a felony, a
Class A or B misdemeanor, or an offense under Section 42.01 of the
Penal Code (Disorderly Conduct)
GC §411.172
A person who has charges pending is not eligible to apply for a CHL
o
Wait until all charges are dismissed , assuming you will be eligible at
that time
GC §411.172
pg 4-6
You must not be a chemically dependent person.
oA person with two convictions within the ten year period preceding the
date of application for offenses (Class B or greater) involving the use of
alcohol or a controlled substance is ineligible as a chemically dependent
person.
pg 4-6
You must not be a fugitive from justice for a felony or Class A or B
Misdemeanor
o
o
pg 4-6
This can apply to a person who has skipped a court date or a
person who has failed to comply with a court order
GC §411.172
pg 4-6
You must be capable of exercising sound judgment with respect to
the proper use and storage of a handgun
o
If an applicant has a psychiatric disorder or condition which may
make the individual ineligible, the application will be sent to the
Medical Advisory Board to determine whether the applicant is
eligible.
oOther evidence of chemical dependency may also make an individual
ineligible for a CHL
CHL.
2
8/26/2011
GC §411.172
pg 4-6
You must not have been convicted in the five years before the date
ok application of a Class A or B misdemeanor or an offense under
Section 42.01 of the Penal Code (Disorderly Conduct) page 35
o
o
o
The date of conviction, not the date of arrest is used to
determine when the five year period expires.
Conviction includes probation & deferred adjudication
Iff the applicant served any probation or paid a fine,
f
they were
probably convicted as defined by Section 411.171(4)
GC §411.172
GC §411.172
You must be fully qualified under federal and state law to purchase
a handgun

The “Brady” Law includes several eligibility requirements for purchasing
a handgun

Example of disqualifications:
o Person with dishonorable discharge
g
o conviction involving a misdemeanor of domestic violence
o Simple Class C Assault
o A person who has been involuntary committed to a mental institution
pg 4-6
You must not have been finally determined to be delinquent in
making a child support payment administered or collected by the
attorney general.
GC §411.172




You must not be currently restricted under a protective order
or restraining order affecting the spousal relationship.

If a person’s spouse or ex-spouse has a protective or restraining
order against the person, even an agreed order, then applicant must
wait until the order expires before applying for a CHL.

Any restraining order will make an applicant ineligible (this does not
apply to orders that only affect property)

If an order is placed on you after your license has been issued, the
courts will issue the suspension, and DPS will notify you of the
suspension.
pg 4-6
You must not have been finally determined to be delinquent in the
payment of taxes collected by the :

GC §411.172
pg 4-6
pg 4-6
Comptroller
state treasure
tax collector of a political subdivision
Alcoholic Beverage Commission
or any other agency or subdivision
GC §411.172
pg 4-6
You must not have been adjudicated as having engaged in
delinquent conduct violating a felony-grade within 10 years of
date of application

This section applies only to juvenile offenses, not to felonies committed
by adults
3
8/26/2011
GC §411.172
pg 4-6
GC §411.174
You must not have made any material misrepresentation or
failed to disclose any material fact in an application or request for
application

If a person fails to include something on the application or
request that was required to be listed, he/she is not eligible for a
license and the application will be denied, or revoked if
misrepresentation is discovered after it has been issued
pg 7
Application

Apply Online
o https://www.texasonline.state.tx.us/txapp/txdps/chl/
o Or Google “TX DPS CHL Application”

Download & Print
o All forms are available at the TX DPS website, as well as our website
and registration links
GC §411.183
Original License Fee
◦
◦
◦
◦
◦
◦
◦
◦
◦
◦
◦
Standard
Senior Citizen (60 or older)
Indigent
Active or Retired Peace Officer
Active or Retired Judicial Officer
Retired Federal Officer
Felony Prosecutor
Other Prosecutor (not prosecuting felony cases)
Active Military
Veteran
Certified Instructor
$140.00
$70.00
$70.00
$25.00
$25 00
$25.00
$25.00
$0.00
$140.00
$0.00
$70.00
$100.00
pg 13
Length of License

Original License 4 years
 An initial CHL expires on the license holder's first birthday following
the four-year anniversary of the issuance of the license. In other
words, an initial license is valid for four (4) years, and in many
cases for some additional months
cases,
months.

1st & 2nd Renewal 5 years

3rd Renewal 10 years
 No class time is required!!!
GC §411.185 pg 14
Renewal of License Fee
Renewal of License

Six months prior to expiration, you may begin your renewal
process

You have up to one year after expiration to submit your renewal
packet
p

If you do not submit your paper work in that one year grace
period, you must resubmit your packet as a new license, and
retake the 10 hour course and pay full fees

New fingerprints and photos are NOT required
◦
◦
◦
◦
◦
◦
◦
◦
◦
◦
◦
Standard
Senior Citizen (60 or older)
Indigent.
Active or Retired Peace Officer
Active or Retired Judicial Officer
Retired Federal Officer
Felony Prosecutor
Other Prosecutor (not prosecuting felony cases)
Active Military
Veteran
Certified Instructor
$70.00
$35.00
$35.00
$25.00
$25.00
$25.00
$0.00
$70.00
$0.00
$35.00
$100.00
4
8/26/2011
GC §411.181 pg 12
GC §411.184 pg13
Modification of License
Change of Address or Name
(Revolver Shooters)

Must notify the department within 30 days of the change of
address or name

Pay a duplicate license fee
o $25 Standard
o $12.50 Veteran, Senior, Indigent
o $0.00 Active Duty Military.

Failure to notify the department will result in a 30 day
suspension of the CHL.

Failure to notify the department 2 times will result in a
revocation

Request the appropriate form from DPS

Payy a duplicate
p
license fee

Must retake shooting proficiency with a semi-automatic

Submit an additional picture

Must return previously issued license after you receive your
modified license in the mail
GC §411.187 pg16
GC §411.186 pg15
Suspension
Revocation
 Not entitled to the license at the time is was issued

Charged with the commission of a felony, Class A or B
misdemeanor, or Disorderly Conduct
 Gave false information on the application, or failed to disclose a
material fact

Failure to notify Department of change of address or name as
required by Statute
 Subsequently becomes ineligible for the license

Carry a different category of handgun than licensed to carry
 Convicted of an offense under Penal Code section 46.035
(Unlawful Carrying of a weapon by a License Holder)

Failure to return a previously issued license after modified license
is issued
 The license holder engages in conduct after being previously
suspended twice for the same reason

Commits an act of family violence and is the subject of an active
protective order

Is arrested for an act of family violence and is subject to an
emergency protective order
 The license holder submits an application fee that is dishonored or
reversed and you fail to pay the $25 fee and submit proper payment
with in 30 days
GC §411.192 pg 21
GC §411.205 pg 28
Requirement To Display License
Confidentiality of Records

DPS may only release names of concealed handgun licensee
information to criminal justice agencies.

Required by law to show both DL or ID & CHL only if carrying your
handgun

Information Includes:

Professional courtesy to show both IDs even if you are not carrying
your handgun
h d

What is proper conduct during a traffic stop?
o Name, Date of Birth, Gender, Zip Code, Telephone Number, Email
Address, Internet Website Address

You will be notified if your records have been requested

Also refer to GC § 411.178 pg 10 Notice To Local Law
Enforcement
5
8/26/2011
GC §411.207 pg 28
GC §411.207 pg 28
Authority of Peace Officer to Disarm
Authority of Peace Officer to Disarm

A peace officer may temporarily disarm a license holder if he
reasonably believes it is necessary for the protection of the officer,
the license holder, or other individuals

The officer must return y
your firearm when yyou are determined not
to be a threat

The officer will seize your handgun and CHL if you are being
arrested and/or charged ( §411.206 pg 28)
PC §30.06 pg34
Trespass by a License Holder
to carry a concealed handgun “30.06”
This section creates an offence if a license holder carries a concealed
handgun on the property of another with notice that either




Entry on the property with concealed handgun is forbidden
Remaining on property where forbidden
Failure of license holder to depart
For purposes of this section, a person receives notice if the owner
of the property or someone with apparent authority to act for the
owner provides notice to the person by oral or written
communication.

There is an authority to disarm when a CHL enters into a
nonpublic, secure portion of a law enforcement facility if they
provide a gun locker

Th gun mustt be
The
b returned
t
d when
h th
the CHL leaves
l
the
th nonpublic
bli
secure portion of the building

A sign must be posted
PC §30.06 pg34
"PURSUANT TO SECTION 30.06, PENAL CODE
(TRESPASS BY HOLDER OF A LICENSE TO CARRY A
CONCEALED HANDGUN) A PERSON LICENSED
UNDER SUBCHAPTER H, CHAPTER 411,
GOVERNMENT CODE (CONCEALED HANDGUN
LAW), MAY NOT ENTER THIS PROPERTY WITH A
CONCEALED HANDGUN.“
"CONFORME A LA SECCIÓN 30.06 DEL CÔDIGO PENAL
(TRASPASAR PORTANDO ARMAS DE FUEGO)
PERSONAS CON LICENCIA BAJO DEL SUBCAPITULO H, CAPITULO 411, CODIGO DE GOBIERNO
(LEY DE PORTAR ARMAS), NO DEBEN ENTRAR A
ESTA PROPIEDAD PORTANDO UN ARMA DE FUEGO."
An offense under this section is a Class A misdemeanor.
6
8/26/2011
GC §411.203 pg27
Right of Employer

This subchapter does not prevent or otherwise limit the right of the
public or private employer to prohibit persons who are licensed
under this subchapter from carrying a concealed handgun on the
premises of the business.

May
prohibit by contractual agreement/policy
/
manual
Proper signage (30.06) is not required
If the Employer does give you, the employee notice of 30.06, you may
be charged with a Class A misdemeanor
1)
Senate Bill 321 is the "Employer Parking Lot" bill, which will require
private employers to recognize their CHL holding employees' right
to keep firearms or ammunition in their locked vehicle on employer
property. This new law takes effect on September 1, 2011, so
employers' current policies prohibiting firearms in automobiles are
valid until that date. Also, remember that this bill only applies to
parking lots and there are several exceptions to this law including
the following:
2)
3)
4)
5)
Where possession of a firearm is prohibited by state or federal
law;
The vehicle is owned or leased by the employer;
The employer is a school district, charter school or private school;
Possession of a firearm is prohibited by an oil, gas or mineral
lease on the property; or
The property is in a secured area which contains the physical
plant of a chemical manufacturer or oil and gas refiner
refiner, whose
primary business is the manufacture, use, storage or
transportation of hazardous, combustible or explosive material.
The law appears to only apply to CHL holders and not to every lawful gun owner.
Also, the legislature did not provide any specific remedies or causes of action for a
CHL holder terminated for having a firearm in his locked vehicle. It will be up to the
courts or future legislature to find a solution if this becomes an issue.
PC §30.05 pg 31
PC §30.05 pg 31
Criminal Trespass
A person commits an offense if the person enters or remains on or in
property of another, including residential land, agricultural land, a
recreational vehicle park, a building, an aircraft or other vehicles,
without effective consent and the person:
(e) It is a defense to prosecution under this section that:
(1) The basis on which
hich entr
entry on the propert
property or land or in the b
building
ilding
was forbidden is that entry with a handgun is forbidden; and
(2) The person was carrying a concealed handgun and a license
issued under subchapter H, Ch 411, Government Code, to carry a
concealed handgun of the same category the person was carrying
7
8/26/2011
GC §411.204 pg27
GC §411.204 pg27
Notice Required On Certain Premises

Business with permit from Alcoholic Beverage Code
o
o
o
o
o
Ch 25 Wine & Beer Retailer
Ch 28 Mixed Beverage
Ch 32 Private Club
Ch 69 Retail Dealers On-Premises
Ch 72 Brew Pub

Offense in this section is a
felony of the third degree

It is a defense to prosecution
under PC § 46.035 (b)(1) that
the actor was not given effective
notice
Notice Required On Certain Premises

Hospital licensed under Health & Safety Code Ch 241

Nursing Home licensed under
Health & Safety Code Ch 242

Also Referenced in PC § 46.035
o Can choose to post 30.06 in place of
requirements of this subsection
o May request written permission to
carry on premises

Class A misdemeanor
PC §42.01 pg 35
Disorderly Conduct
(a) A person commits an offense if he intentionally or knowingly:
(7) Discharges a firearm in a public place other than a public road or a sport
shooting range, as defined by Section 250.001, Local Government
Code;
(8) Displays a firearm or other deadly weapon in a public place in a manner
calculated to alarm
(9) Discharges a firearm on or across a p
public
blic road
road;
(d) An offense under subsection (a)(7) & (8) is a Class B
misdemeanor, (a)(9) is a Class C misdemeanor
(e) It is a defense to prosecution in subsection (a) (7) or (9) that the
person who discharged the firearm had a reasonable fear of
bodily injury to the person or another by a dangerous wild animal
as defined by Section 822.101, Health & Safety code.
PC §46.02 pg 38
Unlawful Carrying Of A Weapon
This section does not apply to a person in possession of a valid
license and carrying a concealed handgun of the same category as
the person licensed to carry. See section 46.15 “non-applicability”
1.
2.
3.
4.
On the person’s own premises, or premises under the person
control
Inside or directly en route to a motor vehicle that is owned by the
person or under the person’s control
The handgun is in concealed in the vehicle
The person is not
 Engaged in criminal activity, other than a Class C misdemeanor that
is a violation of t a law or ordinance regulating traffic
 Prohibited by law from possessing a firearm
 A member of a criminal street gang, as defined by section 71.01
PC §46.03 pg 38-39
Places Weapons Prohibited
A person commits an offense if the person intentionally, knowingly or
recklessly possesses or goes with a firearm, illegal knife, club or
prohibited weapon listed in Section 46.05(a)
This section defines “premises” to include a building or a
portion of a building.
It does not include
 Driveways
 Streets
 Sidewalks
 Walkways
 Parking lots
 Garages
8
8/26/2011
PC §46.03 pg 38-39
PC §46.03 pg 38-39
Physical premises of a school
 A polling place on the day of
or educational institution
an election or while early voting
is in progress
Activity sponsored by a school
or educational institution
Passenger transportation
vehicle of a school or
educational institution
Regardless if the school or
educational institution is public
or private
PC §46.03 pg 38-39
PC §46.03 pg 38-39
 of any governmental court
or office utilized by the court,
unless pursuant to written
regulations or written
authorization of the court
 premises of a racetrack
PC §46.03 pg 38-39
PC §46.03 pg 38-39

 in or into a secured area of an airport
Within 1,000 ft. of premises the location of which is designated by
the Texas Department of Criminal Justice as a place of execution
under Article 43.19, Code of Criminal Procedure, on a day that a
sentence of death is set to be imposed on the designated
premises and the person received notice that:

going
i within
ithi 1
1,000
000 ft
ft. off th
the premises
i
with
ith a weapon lilisted
t d under
d
this subsection was prohibited; or

possession of a weapon listed under this subsection within 1,000 ft.
of the premises was prohibited.
9
8/26/2011
PC §46.03 pg 38-39
PC §46.035 pg 40-42
Unlawful Carrying A Weapon By A License Holder
Places Weapons Prohibited Penal Code 46.03
This section defines “premises” to include a building or a
portion of a building.
Any offense under this section is a
third-degree felony. (2 to 10 years)
It does not include
 Driveways
 Streets
 Sidewalks
 Walkways
 Parking lots
 Garages
PC §46.035 pg 40-42
PC §46.035 pg 40-42
Unlawful Carrying A Weapon By a License Holder
Unlawful Carrying A Weapon By A License Holder
(a) A license holder commits an offense if the license holder carries a
handgun on or about the license holder’s person under the
authority of Subchapter H, Ch 411, Government Code, and
intentionally fails to conceal the handgun.
(b) A license holder commits an offense if the license holder intentionally,
knowingly, or recklessly carries a handgun under the of Subchapter H,
Ch 411, Government Code, regardless of whether the handgun is
concealed, on or about the license holder’s person:
51%
% Business
us ess
1. 5
2. Premise of Public School, Collegiate Function or Professional Event
Unless you are participating in a shooting event
3. Correctional Facility
4. Hospital or Nursing Home
5. Amusement Park
6. Church, Synagogue, place of worship
PC §46.035 pg 40-42
PC §46.035 pg 40-42
Unlawful Carrying A Weapon By a License Holder
Regardless if the handgun is concealed it is an offense
Subsections (b)(4), (b)(5), (b)(6),
and (c) do not apply if the actor
was not given effective notice
under Section 30.06.
Unlawful Carrying of a Weapon by a License Holder

An offense under this section is a Class A misdemeanor

unless it is committed in a 51% business or a correctional facility,
in which case it is a third degree felony.

(h) It is a defense to prosecution in section (a) that the actor, at the
time of the commission of the offense, displayed the handgun
under circumstances in which the actor would have been justified
in the use of deadly force under Chapter 9
(c) At any governmental entity
(d) While intoxicated
(e) License holder who is a licensed security officer during the course and
scope of the security employment violate the provisions of Ch 411
10
8/26/2011
PC §46.13 pg46-47
Making a firearm accessible to a child
In this section:
 “child” means a person younger than 17 years of age
 “ Readily dischargeable firearm” means a firearm that is
loaded with ammunition, whether or not a round is in the
chamber
 “Secure” means to take steps that a reasonable person
would take to prevent the access to a readily dischargeable
firearm by a child, including but not limited to placing a
firearm in a locked container or temporarily rendering the
firearm inoperable by a trigger lock or other means.
PC §46.13 pg46-47
A person commits an offense if a child gains access to a readily
dischargeable firearm and the person with criminal negligence:
 Failed to secure the firearm; or
 Left the firearm in a place to which the person knew or
should have known the child would gain access.
Hiding a loaded firearm is not an
acceptable choice for storing a firearm
PC §46.13 pg46-47
PC §46.13 pg46-47
A peace officer or other person may not arrest the actor before the
seventh day after the date on which the offense is committed if:
An offense under this section is a:

Class A Misdemeanor if the child discharges the firearm and
y injury
j y to himself or another p
person.
causes death or serious bodily

It is a Class C Misdemeanor if they just gain access
 The actor is a member of the family, as defined by Section
71 003 Family
71.003,
F il Code,
C d off the
th child
hild who
h di
discharged
h
d th
the fi
firearm;
and
 the child in discharging the firearm caused the death of or
serious injury to the child.
PC §46.13 pg46-47
It is an affirmative defense to prosecution under this section that the
child's access to the firearm:
(1)
(2)
(3)
(4)
was supervised by a person older than 18 years of age and was
for hunting
hunting, sporting
sporting, or other lawful purposes;
consisted of lawful defense by the child of people or property;
was gained by entering property in violation of this code; or
occurred during a time when the actor was engaged in an
agricultural enterprise.
Parks and Wildlife Code
Section 62.082
A state agency, including the department, The Department of Public
Safety and the Lower Colorado River Authority, may not adopt a rule
that prohibits a person who possesses a CHL license from entering or
crossing the land of the Lower Colorado River Authority
11
8/26/2011
Texas State Parks
On July 8, 1998, Texas Parks and Wildlife Executive Director, Andrew
Sansom signed Executive Director Order No. 98-001 which reads as
follows:
1.Aquilla Lake
16 - Lewisville Lake
2 - Bardwell Lake
17 - Navarro Mills Lake
3 - Belton Lake
4 - Benbrook Lake
18 - O.C. Fisher Lake
19 - Pat Mayse Lake
5 - Buffalo Bayou
20 - Proctor Lake
Nothing in the Public Hunting Lands Proclamation or State
Parks Proclamation prohibits a person from possessing a
concealed handgun, loaded or unloaded, under the authority
of a concealed handgun license issued by this state or any
other state. Persons carrying concealed handguns must
comply with all concealed handgun laws.
6 - Caddo Lake
21 - Ray Roberts Lake
7 - Canyon Lake
8 - Cooper Lake
22 - Sam Rayburn Reservoir
10 - Georgetown Lake
23 - Somerville Lake
11 - Granger Lake
24 - Steinhagen Lake
12 - Grapevine Lake
You may carry in any Texas State Park UNLESS it is property owned
by the US Army Corps of Engineers, which is LEASED to Texas Parks
and Wildlife to be used as a State Park.
Customer Service Center Texas Parks and Wildlife
4200 Smith School Rd
Austin, TX 78744
512-389-8900
US A
Army C
Corps off E
Engineers
i
M
Managed
dL
Lakes
k
http://corpslakes.usace.army.mil/visitors/states.cfm?state=TX
25 - Stillhouse Hollow Lake
13 - Hords Creek Lake
14 - Joe Pool Lake
9 - Lake O' The Pines
28 - Waco Lake
29 - Wallisville Lake
26 - Lake Texoma
30 - Whitney Lake
15 - Lavon Lake
31 - Wright Patman Lake
National Parks
If you can legally possess a firearm in the
state in which the national park is located,
you can possess it in that park on and
after February 22, 2010.
It is up to visitors to understand the
requirements of federal law and the laws
of the states/localities they live in and are
travelling to (or through).
Park websites offer basic information
about the applicable state law(s) and will
generally include a link to a state website
with more information.
2011 Legislative Updates
House Bill 2560 is now law, effective immediately, and prevents the Texas
Department of Family and Protective Services from prohibiting CHL holders
from transporting foster children in a motor vehicle where a handgun is kept in
the CHL holder's possession.
House Bill 423 became law and is effective immediately, therefore, an urban or
rural transportation district will not be allowed to make safety regulations
effecting CHL holders.
House Bill 25 will now allow anyone who can lawfully possess a handgun to
have one on a watercraft under the same conditions as handguns are allowed
in motor vehicles. Thus, you may have a handgun concealed in your boat or
watercraft if you are not violating any law other than a Class C misdemeanor
regulating boating. In addition, you must not be a person who is prohibited
from owning a firearm or a member of a criminal street gang. This law
becomes effective on September 1, 2011, so for this summer, you must keep
the handguns off the boats unless you are a CHL holder.
12
8/26/2011
Questions To Ask Yourself
USE OF FORCE & DEADLY FORCE
“Opportunity has the uncanny habit of favoring those
who have paid the price of years of preparation”
Are you capable of using
force or deadly force for
self protection?
Unknown
“One of life’s most painful moments come when we must
admit
d i that
h we didn’t
did ’ do
d our homework,
h
k that
h we are not
prepared”
Anyone who has moral,
religious or personal objections
to using deadly force and
possibly taking a life should not
incorporate a firearm into their
personal protection strategy.
Merlin Olson
“A danger foreseen is half avoided”
Thomas Fuller
Capitol Area Practical Shooting


Am I prepared to take the life of
another human being to save my
own life or the life of a member of
my family?
Does my religion permit taking a
life in self defense?
Trying to make the decision
when faced with reality can be
fatal for YOU!


Better to have a plan and not
need it, than not have one and
need it.
No single solution for all
situations. The presence of the
gun may actually create more
problems than it is intended to
solve


Do my personal moral standards
permit taking a life in self-defense?
Am I prepared to tolerate the
judgment of my family,
family friends,
friends and
neighbors if I must defend myself
with lethal force?
Legal Definitions
Reasonable and Necessary Force

The minimum amount of lawful aggression sufficient
for self protection or protection of a third person.
The US Supreme Court has further defined the
Reasonableness standard for all states in:
Graham v. Connor
1
8/26/2011
Legal Definitions
Legal Definitions
Physical Force
 The use of force not involving a weapon
 Unarmed defensive tactics play a large role at his
level
Force
 Resistance that in its actions alone will not cause death
or serious bodily harm.
Strengthh or energy exerted
S
d or brought
b
h to bear
b
Moral or mental strength
Capacity to persuade or convince
A body of persons/available to an end
Individual or group to affect an action
Violence, compulsion or constraint exerted upon or against a
person or thing
•
•
•
•
•
•
Legal Definitions
Legal Definitions
Less Than Lethal Force
 Force that is intended or known by the actor to cause,
or in the manner of its use is capable of causing pain
oor injury,
ju y, bu
but iss not
o intended
e ded too cause serious
se ous bodily
bod y
injury or death
•
•
•
•
•
Deadly Force
 Force that is intended or known by the actor to cause,
or in the manner of its use or intended use is capable
off causing death or serious bodily injury.
Baton
Hands
Less than lethal ammunition
Pepper spray
Taser
Your Intent When Using Force or Deadly Force




Objective of Force or Deadly Force
Shooting to
indicates premeditated intent to inflect death
or serious bodily injury on another regardless of their intent
and/or actions being unlawful.
Shooting to
is the intent to reduce or eliminate the fear
you have
h
off death
d th or serious
i
bodily
b dil injury
i j
tto yourself
lf based
b d on
the other persons unlawful use of deadly force against you.
Shooting to
death,
Shooting to kill is
, while it may result in the other persons
.
an option for a law abiding person.
the other so as to eliminate the
apprehension of a fear for life.


Deadly Force is to be used as means of last resort, when all other
means have failed and the fear for your life is immediate.
Before using deadly force the person should verbalize before
firing.
2
8/26/2011
Mental Alertness
WHITE
Not aware of surroundings
Mental Alertness
Mental Alertness
White
Yellow
Orange
g
Aware of surroundings
A heightened
g
state of awareness
White
Yellow
Orange
g
Red
A heightened state of awareness
Yellow
Orange
Red
Black
Focused on problem
Beat per minute
-Irrational fight or flee
-freezing
-submissive behavior
-voiding of bladder and
bowels
-gross motor skills
(running, charging, at
highest performance level)
FIGHT - FLIGHT – FLEE
OR SUBMIT!
State of Panic
200
180
160
140
115-145 bpm
optimal survival and
combat performance level
-complex motor skills
-visual reaction time
-cognitive reaction time
Condition
220
A heightened state of awareness
Focused on problem
Psychological
Condition
Heart Rate
Above 175 bpm
Mental Alertness
Mental Alertness
White
White
Yellow
120
100
80
175 bpm:
-cognitive processing
deteriorates
-vasoconstriction =
reduced bleeding from
wounds
-Loss of peripheral vision
(tunnel vision)
-Loss of depth perception
-Loss
Loss of near vision
-Auditory exclusion
Black
Red
Orange
145 bpm: Gross motor
skills deteriorates
-reloading
-clearing malfunctions
Yellow
115 bpm = Fine motor skills
deteriorates
-sight alignment & picture
-trigger squeeze
White
60-80 bpm = normal
Resting heart rate
3
8/26/2011
Mental steps in preparation
to physical action
Elements of Confrontation Process
Aggressor
Perception
Mental
Process
Physical
Response
Victim
Mental
Process
Analysis & Evaluation
Formulate a Plan
Physical
Response
The defender will always be in a position of disadvantage unless they
Memory Motor Response
have a plan in place and recognize the pre-incident indicators and
know what they mean
Brain Sends Message to Body
Self Presentation

Verbalization
The image that people project often is a primary factor in whether
or not they will be targeted as a victim
 When answering the door
 Walking on the street
 General daily activities





When dealing with people, act energetic and confidently
Look others in the eye and act with authority, or letting them know
that you have noticed them
How To Deal w/Verbal Aggression
NON-VIOLENT POSTURE
www.fastdefense.com
1) If there are witnesses and they see the aggressor acting abusive and adopting a
"fighting stance", and you with your hands open, in front, while saying "back off" just
trying to defuse the situation. Who will witnesses think is the victim in terms of the
one likely to be harmed? This would be useful if things ever went before the court
system.
This is your command voice.
Verbal directions that leave
no doubt as to you intent.
Good use of verbal deescalation skills and conflict
management tactics are
used at this level to attempt
to resolve the conflict in a
peaceful manner.
Intermediate Weapons
The use of defensive tools that in their use or intended use will NOT
cause death or serious bodily harm. Tools such as pepper sprays,
tazers, and/or tools of opportunity are used at this level.
2) By standing in this Non-Violent Posture, it gives the attacker no indication that you
have any self defense knowledge or even the ability to defend yourself.
3) Start with a comment like "What do you want?", or "Can I help you?" This does not
give any reason for the attacker to escalate things, although they may. Next they
move onto saying "I am not interested?" in regards to what is said. Next or
sometimes immediately say "Back Off". It is simple and direct. When your heart
rate skyrockets, you lose the ability to use long, intelligent, fancy words or
terms. "Back off" is short, clear and concise, not requiring much explanation.
4
8/26/2011
Use of Force Based on Perception
Benefits of Training
Elements that need to be analyzed
before using force are:
1.
2
2.
3.
4.
5.
6.
7.
8.
Number/size of attackers or gender
Innocent bystanders/location
Weapons being used
Mental states/perceived state of mind
Lesser force options
Alternatives available
Offense committed
Verbal communication
Advantages of
Training
Disadvantages of
No Training
Confidence
Lack of Confidence
Positive Outlook
Negative Outlook
Faster
Reaction/Action Time
Hesitation
What Happens After A Shooting?
What Happens After A Shooting?
5 Things To After “Using Deadly Force”
May have civil litigation against them for the use of
force whether criminal law prosecutes or not
1. Call 911 first
2. The dispatcher will ask you what you need. Tell the dispatcher you need
police, and paramedics if you or someone else is injured.
3. The dispatcher may ask you what has happened. DO NOT TELL THE
DISPATCHER ANYTHING other than that you need the police and the
paramedics. You phone call is being recorded, and your statements to the
dispatcher could be used against you in court.
4. Your next call is to your Lawyer.
5. When the police arrive on scene provide them your identification including
your Driver's License, Concealed Handgun License AND your Texas Law Shield
Membership Card. Your Lawyer will stay on the line with you. Be cooperative
with the officer, you want the officer to remember you are the victim. Your
Lawyer will request to speak to the officer on your behalf and help you
through this situation.

Possibility of being arrested

Possibility of criminal charges being filed

Grand Jury appearance

Possible trial

Possible punishment
Psychological Reactions
Phases of Transition
Possible psychological reactions
following a traumatic event
Five Phases of Transition after a
traumatic event

Post traumatic stress disorder

Denial- refusal to admit the incident

Anger

Anger- resentment of incident/self/other

Flashbacks

Avoidance- wishing incident did not happen

Nightmares

Depression- often longest phase

Physical symptoms

Final Acceptance- begins to resume “normal” life
5
8/26/2011
Legal Definitions
Legal Definitions
Civil Action
 Action brought to enforce, redress, or protect
private rights (in general, any thing not criminal).
Criminal Action
 Proceeding by which person charged with a crime is
brought to trial an neither found guilty of not guilty
and sentenced.
Tort Suit
 A wrongful act or damage for which civil action can
be brought usually for financial compensation
Negligence
 Failing to do something a reasonable person would
do; failure to perform a duty.
Gross Negligence
G
N li
 An intentional or willful failure to perform an
unmistakable duty in reckless disregard of the
consequences.
Subchapter A
General Provisions
Texas Penal Code Chapter 9
Penal Code 9.04
Threats of Justifiable Force
Penal Code 9.05
Reckless Injury of Innocent Third Person
The threat of force is justified when the use of force is justified by this
Even though an actor is justified under this chapter in threatening or
chapter. For purposes of this section, a threat to cause death or serious
using force or deadly force against another, if in doing so he also
bodily injury by the production of a weapon or otherwise, as long as the
recklessly injuries or kills an innocent third person, the justification
actor’s purpose is limited to creating an apprehension that he will use
afforded by this chapter is unavailable in a prosecution of the reckless
deadly force
f
iff necessary, does not constitute the use off deadly fforce.
injury off killing off the innocent third person.
6
8/26/2011
Penal Code 9.06
Civil Remedies Unaffected
The fact that conduct is justified under this chapter does not abolish or
impair any remedy for the conduct that is available in a civil suit.
Subchapter B
Justification Generally
Penal Code 9.21
Public Duty
Penal Code 9.21
Public Duty
(a) Except as qualified by Subchapter (b) and (c) conduct is justified
if the actor reasonably believes the conduct is required or authorized
by law, by the judgment or order of a competent court or other
governmental tribunal, or in the execution of legal process.
(d) The justification afforded by this section is available if the actor
reasonably believes:
(1) the court or governmental tribunal has jurisdiction or the
process is lawful, even though the court or governmental tribunal
lacks jurisdiction or the process is unlawful; or
(2) his conduct is required or authorized to assist a public servant
in the performance of his official duty, even though the servant
exceeds his lawful authority.
(b) The other sections of this chapter control when force is used
against a person to protect persons (subchapter C), to protect
property (subchapter D), for law enforcement (subchapter E), or by
virtue of a special relationship (subchapter F).
(c) The use of deadly force is not justified under this section unless the
actor reasonably believes the deadly force is specifically required
by statute or unless it occurs in the lawful conduct of war. If deadly
force is so justified, there is no duty to retreat before using it.
Penal Code 9.22
Necessity
Conduct is justified if:
(1) the actor reasonably believes the conduct is immediately necessary
to avoid imminent harm;
Subchapter C
Protection Of Persons
(2) the desirability and urgency of avoiding the harm clearly outweigh,
according to ordinary standards of reasonableness, the harm sought
to be prevented by the law proscribing the conduct; and
(3) a legislative purpose to exclude the justification claimed for the
conduct does not otherwise plainly appear.
7
8/26/2011
Penal Code 9.31
Self Defense
(a) Except as provided in Subsection (b), a person is justified in using
force against another when and to the degree the actor reasonably
believes the force is immediately necessary to protect the actor
against the other's use or attempted use of unlawful force. The actor's
belief that the force was immediately necessary as described by this
subsection
b i is
i presumed
d to be
b reasonable
bl if the
h actor:
Penal Code 9.31
Self Defense
(2) did not provoke the person against whom the force was used; and
(3) was not otherwise engaged in criminal activity, other than a Class C
misdemeanor that is a violation of a law or ordinance regulating
traffic at the time the force was used.
(b) The use of force against another is not justified:
(1) in response to verbal provocation alone;
(2) to resist an arrest or search that the actor knows is being
made by a peace officer, or by a person acting in a peace
officer's presence and at his direction, even though the arrest or
search is unlawful, unless the resistance is justified under
Subsection (c);
Penal Code 9.31
Self Defense
(5) if the actor sought an explanation from or discussion with the other
person concerning the actor's differences with the other person while
the actor was:
(A) carrying a weapon in violation of Section 46.02; or
((B)) p
possessing
g or transporting
p
g a weapon
p in violation of Section
46.05.
Penal Code 9.31
Self Defense
(1) knew or had reason to believe that the person against whom the
force was used:
(A) unlawfully and with force entered, or was attempting to enter
unlawfully and with force, the actor's occupied habitation, vehicle,
or place of business or employment;
(B) unlawfully and with force removed
removed, or was attempting to remove
unlawfully and with force, the actor from the actor's habitation,
vehicle, or place of business or employment; or
(C) was committing or attempting to commit aggravated
kidnapping, murder, sexual assault, aggravated sexual assault,
robbery, or aggravated robbery;
Penal Code 9.31
Self Defense
(3) if the actor consented to the exact force used or attempted by the
other;
(4) if the actor provoked the other's use or attempted use of unlawful
force, unless:
((A)) the actor abandons the encounter,, or clearly
y communicates to the
other his intent to do so reasonably believing he cannot safely
abandon the encounter; and
(B) the other nevertheless continues or attempts to use unlawful force
against the actor; or
Penal Code 9.31
Self Defense
(5)(c) The use of force to resist an arrest or search is justified:
(1) if, before the actor offers any resistance, the peace officer (or
person acting at his direction) uses or attempts to use greater
force than necessary to make the arrest or search; and
((2)) when and to the degree
g
the actor reasonablyy believes the force
is immediately necessary to protect himself against the peace
officer's (or other person's) use or attempted use of greater force
than necessary.
8
8/26/2011
Penal Code 9.31
Self Defense
d) The use of deadly force is not justified under this subchapter except
as provided in Sections 9.32, 9.33, and 9.34.
(e) A person who has a right to be present at the location where the
force is used, who has not provoked the person against whom the
force is used, and who is not engaged in criminal activity at the time
the force is used is not required to retreat before using force as
described by this section.
(f) For purposes of Subsection (a), in determining whether an actor
described by Subsection (e) reasonably believed that the use of
force was necessary, a finder of fact may not consider whether the
actor failed to retreat.
Penal Code 9.32
Deadly Force in Defense of Person
(b) The actor's belief under Subsection (a)(2) that the deadly force was
immediately necessary as described by that subdivision is presumed
to be reasonable if the actor:
(1) knew or had reason to believe that the person against whom the
deadly force was used:
(A) unlawfully and with force entered, or was attempting to enter
unlawfully and with force, the actor's occupied habitation, vehicle,
or place of business or employment;
(B) unlawfully and with force removed, or was attempting to remove
unlawfully and with force, the actor from the actor's habitation,
vehicle, or place of business or employment; or
Penal Code 9.32
c) A person who has a right to be present at the location where the
deadly force is used, who has not provoked the person against whom
the deadly force is used, and who is not engaged in criminal activity
at the time the deadly force is used is not required to retreat before
using deadly force as described by this section.
(d) For purposes of Subsection (a)(2), in determining whether an actor
described by Subsection (c) reasonably believed that the use of
deadly force was necessary, a finder of fact may not consider
whether the actor failed to retreat.
Penal Code 9.32
(a) A person is justified in using deadly force against another:
(1) if the actor would be justified in using force against the other
under Section 9.31; and
(2) when and to the degree the actor reasonably believes the
deadlyy force is immediatelyy necessary:
y
(A) to protect the actor against the other's use or attempted use
of unlawful deadly force; or
(B) to prevent the other's imminent commission of aggravated
kidnapping, murder, sexual assault, aggravated sexual assault,
robbery, or aggravated robbery.
Penal Code 9.32
(C) was committing or attempting to commit an offense described by
Subsection (a)(2)(B);
(2) did not provoke the person against whom the force was used;
and
((3)) was not otherwise engaged
g g in criminal activity,
y, other than a
Class C misdemeanor that is a violation of a law or ordinance
regulating traffic at the time the force was used.
Penal Code 9.33
Defense of Third Person
A person is justified in using force or deadly force against another to
protect a third person if:
(1) if under the circumstances as the actor reasonably believes them
to be, the actor would be justified in using force against the other
under Section 9.31 or 9.32 in using
g force or deadlyy force to protect
p
himself against the unlawful force or unlawful deadly force he
reasonable believes to be threatening the third person he seeks to
protect; and
(2) the actor reasonable believes that his intervention is immediately
necessary to protect the third person
9
8/26/2011
Penal Code 9.34
Protection of Life or Health
(a) A person is justified in using force, but not deadly force, against
another when and to the degree he reasonably believes the force is
immediately necessary to prevent the other from committing suicide
or infliction serious bodily injury to himself.
Subchapter D
Protection Of Property
( ) A person
(b)
p
is justified
j
in using
g both force and deadlyy force against
g
another when and to the degree he reasonably believes the force or
deadly force is immediately necessary to preserve the other’s life in
an emergency.
Penal Code 9.41
Protection of Property
(a) A person in lawful possession of land or tangible, movable property is
justified in using force against another when and to the degree the actor
reasonably believes the force is immediately necessary to prevent or
terminate the other's trespass on the land or unlawful interference with
the property.
(b) A person unlawfully
l f ll d
dispossessed
d off land
l d or tangible,
bl movable
bl
property by another is justified in using force against the other when
and to the degree the actor reasonably believes the force is
immediately necessary to reenter the land or recover the property if the
actor uses the force immediately or in fresh pursuit after the
dispossession and:
(1) the actor reasonably believes the other had no claim of right when
he dispossessed the actor; or
(2) the other accomplished the dispossession by using force, threat, or
fraud against the actor.
Penal Code 9.42
Deadly Force to Protect Property
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any
other means; or
(B) the use of force other than deadly force to protect or recover
the land or p
property
p y would expose
p
the actor or another to a
substantial risk of death or serious bodily injury
Penal Code 9.42
Deadly Force to Protect Property
A person is justified in using deadly force against another to protect
land or tangible, moveable property:
(1) if he would be justified in using force against the other under
Section 9.41 (force to protect property); and
(2) when and to the degree he reasonably believes the deadly force
is immediately necessary:
(A) to prevent the other’s imminent commission of arson, burglary,
robbery, aggravated robbery, theft during nighttime, or
criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after
committing burglary, robbery, aggravated robbery, or theft
during the nighttime from escaping with the property; and
Penal Code 9.43
Protection of Third Person’s Property
A person is justified in using force or deadly force against another to
protect land or tangible, moveable property of a third person if, under
the circumstances as he reasonably believes them to be, the actor would
be justified under section 9.41 or 9.42 in using force or deadly force to
protect his own land or property and;
10
8/26/2011
Penal Code 9.43
Protection of Third Person’s Property
(1) the actor reasonably believes the unlawful interference constitutes
attempted or consummated theft of or criminal mischief to the tangible
moveable property; or
(2) the actor reasonably believes that:
(a) the third person has requested his protection of the
land or property
(b) he has a legal duty to protect the third person’s land or
property; or
(c) the third person whose land or property he uses force
or deadly force to protect is the actor’s spouse, parent, or
child, resides with the actor, or is under the actor’s care.
11

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