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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



5 shots in 15 seconds, once 15 yard line ‐ 10 shots:




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

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);


(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.

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“Arms keep Peace”Latin Proverb

“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

Gun Owner’s Responsibilities

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, operate and maintain his or her guns safely.


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


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

Eagle Peak Shooting Range, Leander Best of the West Shooting Sports, Liberty Hill

Not pictured: Texas Star Shooting Range, Kempner


Hunting

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Competitive Shooting

www.CAPS-CLUB.org

Central Texas Match Schedule


Gun Collecting


Personal Protection


Constitutional Right

Three Fundamentals of Safe Gun Handling & Rules

ALWAYS keep the gun pointed in a safe direction

ALWAYS keep your finger off the trigger until ready to shoot

ALWAYS keep the gun unloaded ALWAYS keep the gun unloaded until ready to use

Safety Rules For Using or Storing Firearms

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 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

Education of Children & Teens Parents should be positive role models

for their children

Parents should decide when theirchild is old enough to receive gun safety training

Parents should make their child understand the difference between pretend and real life

Do not keep firearms a mystery

Major Causes of Gun Accidents

Ignorance Doesn’t know Safe Handling RulesDoesn’t know how to Operate SafelyHaven’t read owners manual

CarelessnessDoes know the rules and operate safelyDidn’t unload properly- negligent

Storage Options

Store guns so they are not accessible tounauthorized persons:

ChildrenVisitorsF i dFriends

RelativesMaintenance Workers

BurglarsIn Short… Everyone!

Home Storage OptionsGun Safes

Home Storage OptionsGun Vaults

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Home Storage OptionsSafe Rooms/Closet Vaults

www.secureavault.com

Home Storage Options

Lock Boxes


Quick Access


Biometric

www.barska.com www.gunsafes.com


www.ThePistolPad.com

Vehicle Storage Options

Console Vaults

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www.safecarry.com


www.seatcarry.com


Quick Access

How Will You Carry?

• 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 ”It takes two to make a fight, but only one to end 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 yearsame 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

b l i lnon verbal, consciously 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 andaccusations 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

Speaker

Message

Receiver

Feedback

Elements of a Conversation

Feedback is the most

important element of a conversation.

speaker

It is the response, that determines if the information was received correctly.

Message

Receiver

Feedback

Interactions in a Conversation

What the SPEAKER intends to say

What the SPEAKER actually said

Wh t th RECEIVER h d

Verbal Verbal When

communicating 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

communicatingthere are actually

six differentinteractions taking

place

Interaction in a Conversation

NonNon‐‐VerbalVerbalSometimes non‐verbal signals orsigns can be

deceiving Gooddeceiving. Good verbal skills can be lost among negative non‐verbal skills

• Facial expressions

• Body position

• Eye contact

• Lack of eye contact

• Appearance

• Touch

• Voice tone

• Hand Gestures

Conflict SituationsConflict 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 moralvalues of an individual.

Tangible as well as intangible costs may provoke conflict, and also help towards its resolution.

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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

Background

Customs, accents, language usage or the inability to

understand the English language t f

Assumptions Work or home environment, even stable relationships can all create a foundation of assumptions. If an

ti i d b f th

Poor Listening They tend to have their own needs in mind and will make no effort to communicate, or devote the time

We can Identify 6 Main Barriers

can prevent a person from understanding what someone is

trying to say

assumption is made before the initial information is completed, the potential for misinformation is likely

to get the correct information.

They create their own barriers.

Previous Interactions

Past issues with individuals have the potential for conflict, opinions are formed and can

interfere with any communication efforts

Other Indications

Watching your listener can give you an insight into how they are receiving

your information

Outside Distractions

Noise, traffic, temperature time of day, workload, &

weather can effects attempts to communicate. Try to eliminate distractions.

Conflict Situations

Basic for Ego States –

In 1964, Dr. Eric Berne wrote his now famous book “Games People Play”, and stated we are

d f th tcomposed of three separate “selves”

Ego states may be described as a system of feelings accompanied by a related set of behavior patterns

Ego StatesEgo States

Conflict Situations

Parent Child Adult

Ego StatesEgo Statessomething occurs that scares us, or

Conflict Situations

Parentcatches us off guard

After the initial alarm, we get angry and protective

“Hey you shouldn’t do that”

“You should know better”

8/26/2011

4

Ego StatesEgo StatesWhen anyone, especially an adult who

Conflict Situations

Childis 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”

“You can’t make me”

Ego StatesEgo States

Conflict Situations

AdultBehaviors, thoughts and feelings which are directed to the here and now

Use words like WE, US, OUR

The single best way to stop conflict is to speak in an adult‐to‐adult mode

Conflict Situations

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

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

( )

Common mistakes that interfere with communication process

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.


• 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

k d f h k f l

Moralistic Judgments

• We make judgments of others to make us feel 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.


• 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.

Making Comparisons

8/26/2011

5


• 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

Denial of Responsibility

• People make this mistake because they use language that implies a lack of choice rather than using language that acknowledges choice.

Observe without evaluating

Four Components of Non Violent Communication:

Express your feelings

Acknowledge what you need

Make your request

#1 Observe without evaluating

First, we observe what is actually

happening in the situation:

As an adult in a conflict situation we should observe what the conflict is without placing blame or participate in name‐calling.

what are we observing others saying or doing that is either enriching or not enriching our life?

The trick is to be able to articulate this observation without introducing any judgment or evaluation—

to simply say what people are doing that we either like or don’t like

#2 Express what you are feeling

Next we state how we feel when

we observe this action:

Are you concerned about certain issues?

Are you frustrated, angry,

Is your body language expressing your concern?

Is your body language and words helping the situation or hurting?

#3 Acknowledge what you need

People have a tendency to resort to placing blame for our anger on the others involved

Many times, it is our expectations of people to know what it is we need that escalated our angerwe need that escalated our anger.

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

#4 Make your request… a specific request

This fourth component addresses what we are wanting from the other person

We tend to expect others to know what we want without us verbally expressing itverbally expressing it

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

8/26/2011

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Keys To Help Redirect Negative Behavior

•ListenL

•EmpathizeE

•AskA

•ParaphraseP

•SummarizeS

Keys To Help Redirect Negative Behavior

• Look at the personL

• Show an interestI

• Summarize what is said & repeat it backS pS

• Territory‐ keep a comfortable spaceT

• EmpathizeE

• Nod to show you are trying to understandN

Non Violent CommunicationConflict De‐escalation Techniques

Four elements in a confrontation that must be analyzed and understood by any citizen who carries a firearm is:

• ProblemPP

• AudienceA

• ConstraintsC

• Ethical PresencesE

Non Violent Communication

• What has brought about the conflict?

• Are there underlying circumstances that have generated the conflict?

Problem

• 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?

Audience

• Are there any barriers to effective communication?

• Recognize these and work toward elimination or at least working through the barrierConstraints

Non Violent Communication

• 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 theirEthical 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

Ethical Presence

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

8/26/2011

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Be prepared for emotional distress and RESPOND to this, understanding the conflict and working gtoward 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

SummaryIn 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 andcompassion, 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.

Capitola Area Practical Shooting 8/26/2011

www.caps-chl.com 512-944-2911 1

Gun and Caliber Selection Which is the best gun for me?

What do you want it do with it? House Gun Carry Gun Car Gun

Wh t lib d I t?What caliber do I want?

What type of handgun?

What features are you interested in?

What is your price range?

Revolver vs. Semi-AutomaticRevolvers

• 5 to 8 rounds • Simple to operate• Can be chambered with

“A t ti ” iti ith li“Automatic” ammunition with clips• Reliable • Less ammunition carried • Reloading fast requires practice

Revolver vs. Semi-AutomaticSemi-Automatic

• 8 to 19 rounds

• Carry more ammunition

• Faster to reload• Faster to reload

• More complicated

• Requires training

to clear malfunctions

MalfunctionsStovepipeDouble feed

Magazine or Clip



TriggersSingle action Hammer must be in the rear position to engage each time

Double action Starts from forward position

Most guns become single action after first shotMost guns become single action after first shot

Double action only Long trigger pull each time

Safe Action and Striker fired No external hammer

Safeties

Traditional

kDecocker– Lever that de‐cocks the hammer safely

Sights Sights

Sights Sights



FBI Statistics

• 70% of all lethal encounters happen at night or low light

• Average distance 5‐6 feet

• Average time is 3‐5 secondsAverage time is 3 5 seconds

• Average round count per person 6‐8

FitGrip

Controls

Concealment

Size and Weight

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.

Shooting is 80% Mental and 20% Ability


• Determine Dominant Eye


• Shooting Positions or Stance

Isosceles Weaver


• Breath control



Styles:

• Strong side

• Cross draw

• Shoulder holster

Holsters

• Shoulder holster

• Small of back

• Ankle holster

• In the Waistband

• Pocket

Materials:

Leather www.safariland.com www.concealcity.com www.usgalco.com

Holsters

g

www.miltsparks.com

Kydex www.comp‐tac.com

www.blade‐tech.com

www.crossbreedholsters.com

HolstersCustom Holsters•Kolbeson Leatherworks for Leather and Kydexwww.kolbesonleatherworks.com

Options for Women

Bang Bang Boutique www.bangbangboutique.com

Chick Holsters www chickhoslters com

Other Concealment Options

www.chickhoslters.com

Miche Bags by Michelle BurkEmail: [email protected]

Resources:www.CorneredCat.com

Bags

Laptop bags

“Man” bags

Tactical Fanny Packs

Other Concealment Options

Undergarments

www.magills.com

www.naturallyconcealed.com

www.flashbangholster.com

Illumination

• Handheld • Weapons Mounted



IlluminationRapid Light System• 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.

FirearmsManufacturesManufactures

Glock

Glock Sport Shooting Foundation http://gssfonline.com/

full size

compact

sub-compact

Gen 4

Smith and Wesson

J FrameM & P

Model 66 357

Heckler and Koch

P30P2000

HK45C

Sig Sauer

P 220

P 226P 230

P 220



Springfield Armory

XDXD compact XD

EMP1911

Beretta

Storm compactStorm compact 92 full size

BobcatStorm sub-compact

Taurus

MILLENNIUM PRO™ 111MODEL 605 .357 PRO 111

911 9MM MODEL 65 .357

Kahr

Kel Tec

.380

PF9

PMR-30

P 11

Ruger

SR 9SR 9.380

.38 LCRSP 101



1911

Kimber Wilson Combat

STI International

Para Ordnance

Les Baer

Ed Brown

Ammunition

Common Defense Calibers

.380 ACP

9mm Luger

10mm Automatic

.40 Smith &Wesson

.38 Special

.357 Magnum

.357 Sig

.45 ACP

Ammunition Manufactures

Federal‐

HST, Hydrashok

Speer‐

Corbon‐

DPX, Powerball

Remington‐Speer

Gold Dot

Winchester‐

SXT, Ranger

Remington

Golden Saber

Hornandy‐

XTP, TAP

+ P Ammunition



GT Distributors

Ammunition• Defensive ammo 50 round box

price same as 20 round box price

www.gtdist.com

2545 Brockton Drive

Ste 100Ste 100

Austin, TX 78768

1‐800‐443‐6283

Firearms• Special rates for law

enforcement and active duty military

Mon‐Fri 8:30‐6:00

Sat 9am‐1pm



Local Gun & Accessories Stores

Cedar Park Gun Store

• Hwy 183 & Buttercup in Cedar Park

• www.thetexasgunstore.com

• 512‐335‐5534

Austin Gun Liquidators

Patriot Outfitters

• Building 2502 S. W.S Young Drive Killeen

• www.patriotoutfitters.com

• 254‐554‐4000

Dawson Precisionq

• 2000‐A Picadilly Dr in Pflugerville

• www.austingunliquidators.com

• 512‐989‐85520

Storied Firearms

• www.storiedfirearms.com

• 9300 U.S. Hwy 290 West, Bldg 2 Austin

• Phone: 512‐394‐0125

• 3300 CR 233 Florence, TX 76527

• 866‐300‐1911

• www.DawsonPrecision.com

8/26/2011

1

“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.

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

Legal Aspects ofConcealed Carry

the right of the people to keep and bear Arms, shall not be infringed.”

United States Constitution, Amendment II

National Map of CHL States www.handgunlaw.us

Government CodesGovernment CodesGovernment CodesGovernment CodesGC § 411 page 3-29

GC §411.172 pg 4-6

Residency

Must take class in Texas

Texas Resident 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 LicenseNon Resident License Please refer to GC §411.173 Must have a DL or ID from another state

8/26/2011

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GC §411.172 pg 4-6

Age- You must be at least 21 years of age,

Exemption: active military is 18. ◦ Does not affect ability to purchase guns or ammo from an FFL or private

person.

◦ Some states do not recognize Active Duty CHL for persons under 21 years of age

GC §411.172 pg 4-6

Has not been convicted of a felony

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 record, you may apply for a CHL, y y pp y

o Please review GC § 411.1711 for complete descriptions

GC §411.172 pg 4-6

You must not be currently charged with the commission of a felony, aClass A or B misdemeanor, or an offense under Section 42.01 of thePenal Code (Disorderly Conduct)

o 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 fugitive from justice for a felony or Class A or BMisdemeanor

o 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 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.

oOther evidence of chemical dependency may also make an individual ineligible for a CHLineligible for a CHL.

GC §411.172 pg 4-6

You must be capable of exercising sound judgment with respect tothe 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.

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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 The date of conviction, not the date of arrest is used to determine when the five year period expires.

o Conviction includes probation & deferred adjudication

f fo If the applicant served any probation or paid a fine, they were probably convicted as defined by Section 411.171(4)

GC §411.172 pg 4-6

You must be fully qualified under federal and state law to purchasea handgun

The “Brady” Law includes several eligibility requirements for purchasing a handgun

Example of disqualifications:o Person with dishonorable discharge go conviction involving a misdemeanor of domestic violenceo Simple Class C Assault o A person who has been involuntary committed to a mental institution

GC §411.172 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 pg 4-6

You must not have been finally determined to be delinquent in thepayment of taxes collected by the :

Comptroller state treasure tax collector of a political subdivision Alcoholic Beverage Commission or any other agency or subdivision or any other agency or subdivision

GC §411.172 pg 4-6

You must not be currently restricted under a protective orderor 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.

GC §411.172 pg 4-6

You must not have been adjudicated as having engaged indelinquent conduct violating a felony-grade within 10 years ofdate of application

This section applies only to juvenile offenses, not to felonies committed by adults

8/26/2011

4

GC §411.172 pg 4-6

You must not have made any material misrepresentation orfailed to disclose any material fact in an application or request forapplication

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

Application

Apply Online

o https://www.texasonline.state.tx.us/txapp/txdps/chl/

o Or Google “TX DPS CHL Application”

GC §411.174 pg 7

Download & Print

o All forms are available at the TX DPS website, as well as our website and registration links

Original License Fee

◦ Standard $140.00 ◦ Senior Citizen (60 or older) $70.00 ◦ Indigent $70.00 ◦ Active or Retired Peace Officer $25.00 ◦ Active or Retired Judicial Officer $25 00◦ Active or Retired Judicial Officer $25.00 ◦ Retired Federal Officer $25.00 ◦ Felony Prosecutor $0.00 ◦ Other Prosecutor (not prosecuting felony cases) $140.00◦ Active Military $0.00 ◦ Veteran $70.00 ◦ Certified Instructor $100.00

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

GC §411.183 pg 13

cases, for some additional months.

1st & 2nd Renewal 5 years

3rd Renewal 10 years No class time is required!!!

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

GC §411.185 pg 14

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

Renewal of License Fee

◦ Standard $70.00 ◦ Senior Citizen (60 or older) $35.00 ◦ Indigent. $35.00 ◦ Active or Retired Peace Officer $25.00 ◦ Active or Retired Judicial Officer $25.00 ◦ Retired Federal Officer $25.00 ◦ Felony Prosecutor $0.00 ◦ Other Prosecutor (not prosecuting felony cases) $70.00 ◦ Active Military $0.00◦ Veteran $35.00 ◦ Certified Instructor $100.00

8/26/2011

5

Change of Address or Name

Must notify the department within 30 days of the change of address or name

Pay a duplicate license feeo $25 Standard

GC §411.181 pg 12

o $25 Standardo $12.50 Veteran, Senior, Indigento $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

Modification of License(Revolver Shooters)

Request the appropriate form from DPS

Pay a duplicate license fee

GC §411.184 pg13

y p

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

Revocation Not entitled to the license at the time is was issued

Gave false information on the application, or failed to disclose amaterial fact

Subsequently becomes ineligible for the license

GC §411.186 pg15

Convicted of an offense under Penal Code section 46.035 (Unlawful Carrying of a weapon by a License Holder)

The license holder engages in conduct after being previously suspended twice for the same reason

The license holder submits an application fee that is dishonored orreversed and you fail to pay the $25 fee and submit proper paymentwith in 30 days

Suspension

Charged with the commission of a felony, Class A or B misdemeanor, or Disorderly Conduct

Failure to notify Department of change of address or name as required by Statute

Carry a different category of handgun than licensed to carry

GC §411.187 pg16

Carry a different category of handgun than licensed to carry

Failure to return a previously issued license after modified license is issued

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

Confidentiality of Records

DPS may only release names of concealed handgun licensee information to criminal justice agencies.

Information Includes:

GC §411.192 pg 21

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

Requirement To Display License

Required by law to show both DL or ID & CHL only if carrying your handgun

Professional courtesy to show both IDs even if you are not carrying h d

GC §411.205 pg 28

your handgun

What is proper conduct during a traffic stop?

8/26/2011

6

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 your firearm when you are determined not

GC §411.207 pg 28

y yto be a threat

The officer will seize your handgun and CHL if you are being arrested and/or charged ( §411.206 pg 28)

Authority of Peace Officer to Disarm

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 t b t d h th CHL l th bli

GC §411.207 pg 28

The gun must be returned when the CHL leaves the nonpublic secure portion of the building

A sign must be posted

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

PC §30.06 pg34

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.

"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.“

PC §30.06 pg34

"CONFORME A LA SECCIÓN 30.06 DEL CÔDIGO PENAL (TRASPASAR PORTANDO ARMAS DE FUEGO) PERSONAS CON LICENCIA BAJO DEL SUB-CAPITULO 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.

8/26/2011

7

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.

/

GC §411.203 pg27

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

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:

1) Where possession of a firearm is prohibited by state or federal law;

2) The vehicle is owned or leased by the employer;3) The employer is a school district, charter school or private school;4) Possession of a firearm is prohibited by an oil, gas or mineral

lease on the property; or5) The property is in a secured area which contains the physical

plant of a chemical manufacturer or oil and gas refiner whoseplant of a chemical manufacturer or oil and gas 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.

Criminal TrespassPC §30.05 pg 31

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 hich entr on the propert or land or in the b ilding(1) The basis on which entry on the property or land or in the building

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

PC §30.05 pg 31

8/26/2011

8

Notice Required On Certain Premises

Business with permit from Alcoholic Beverage Codeo Ch 25 Wine & Beer Retailero Ch 28 Mixed Beverageo Ch 32 Private Clubo Ch 69 Retail Dealers On-Premises o Ch 72 Brew Pub

GC §411.204 pg27

o 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) thatthe actor was not given effectivenotice

Notice Required On Certain Premises

Hospital licensed under Health & Safety Code Ch 241

Nursing Home licensed underHealth & Safety Code Ch 242

GC §411.204 pg27

Also Referenced in PC § 46.035o Can choose to post 30.06 in place of

requirements of this subsectiono May request written permission to

carry on premises

Class A misdemeanor

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 mannercalculated to alarm

(9) Discharges a firearm on or across a p blic road

PC §42.01 pg 35

(9) Discharges a firearm on or across a public 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.

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”

PC §46.02 pg 38

1. On the person’s own premises, or premises under the person controlcontrol

2. Inside or directly en route to a motor vehicle that is owned by the person or under the person’s control

3. The handgun is in concealed in the vehicle4. 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

Places Weapons Prohibited

PC §46.03 pg 38-39

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 SidewalksWalkways Parking lots Garages

8/26/2011

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PC §46.03 pg 38-39

Physical premises of a schoolor educational institution

Activity sponsored by a schoolor educational institution

Passenger transportationvehicle of a school oreducational institution

Regardless if the school oreducational institution is publicor private


PC §46.03 pg 38-39

A polling place on the day of an election or while early voting is in progress


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


PC §46.03 pg 38-39

premises of a racetrack


PC §46.03 pg 38-39

in or into a secured area of an airport


PC §46.03 pg 38-39

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:

i ithi 1 000 ft f th i ith li t d d going within 1,000 ft. of the premises with a weapon listed under this subsection was prohibited; or

possession of a weapon listed under this subsection within 1,000 ft. of the premises was prohibited.

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Places Weapons Prohibited Penal Code 46.03

Any offense under this section is a third-degree felony. (2 to 10 years)

PC §46.03 pg 38-39

Unlawful Carrying A Weapon By A License Holder

PC §46.035 pg 40-42

This section defines “premises” to include a building or a portion of a building.

It does not include DrivewaysDriveways Streets SidewalksWalkways Parking lots Garages

Unlawful Carrying A Weapon By A License Holder

(a) A license holder commits an offense if the license holder carries ahandgun on or about the license holder’s person under theauthority of Subchapter H, Ch 411, Government Code, andintentionally fails to conceal the handgun.

PC §46.035 pg 40-42

Unlawful Carrying A Weapon By a License Holder

(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:

1. 51% Business

PC §46.035 pg 40-42

5 % us ess

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

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 A Weapon By a License Holder

Regardless if the handgun is concealed it is an offense

(c) At any governmental entity

(d) While intoxicated

PC §46.035 pg 40-42

(e) License holder who is a licensed security officer during the course and scope of the security employment violate the provisions of Ch 411

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.

PC §46.035 pg 40-42

(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

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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

PC §46.13 pg46-47

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.

Hiding a loaded firearm is not an acceptable choice for storing a firearm


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

PC §46.13 pg46-47

Left the firearm in a place to which the person knew or should have known the child would gain access.


An offense under this section is a:

Class A Misdemeanor if the child discharges the firearm and causes death or serious bodily injury to himself or another person.

PC §46.13 pg46-47

y j y p

It is a Class C Misdemeanor if they just gain access


A peace officer or other person may not arrest the actor before theseventh day after the date on which the offense is committed if:

The actor is a member of the family, as defined by Section 71 003 F il C d f th hild h di h d th fi

PC §46.13 pg46-47

71.003, Family Code, of the child who discharged the firearm; and

the child in discharging the firearm caused the death of or serious injury to the child.


It is an affirmative defense to prosecution under this section that the child's access to the firearm:

(1) was supervised by a person older than 18 years of age and was for hunting sporting or other lawful purposes;

PC §46.13 pg46-47

for hunting, sporting, or other lawful purposes;(2) consisted of lawful defense by the child of people or property; (3) was gained by entering property in violation of this code; or(4) occurred during a time when the actor was engaged in an

agricultural enterprise.

Parks and Wildlife CodeSection 62.082

A state agency, including the department, The Department of PublicSafety and the Lower Colorado River Authority, may not adopt a rulethat prohibits a person who possesses a CHL license from entering orcrossing the land of the Lower Colorado River Authority

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Texas State Parks

On July 8, 1998, Texas Parks and Wildlife Executive Director, AndrewSansom signed Executive Director Order No. 98-001 which reads asfollows:

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 anyof a concealed handgun license issued by this state or any other state. Persons carrying concealed handguns must comply with all concealed handgun laws.

You may carry in any Texas State Park UNLESS it is property ownedby the US Army Corps of Engineers, which is LEASED to Texas Parksand Wildlife to be used as a State Park.

1.Aquilla Lake

2 - Bardwell Lake

3 - Belton Lake

4 - Benbrook Lake

5 - Buffalo Bayou

6 - Caddo Lake

7 - Canyon Lake

8 - Cooper Lake

16 - Lewisville Lake

17 - Navarro Mills Lake

18 - O.C. Fisher Lake

19 - Pat Mayse Lake

20 - Proctor Lake

21 - Ray Roberts Lake

22 - Sam Rayburn Reservoir

10 - Georgetown Lake

11 - Granger Lake

12 - Grapevine Lake

13 - Hords Creek Lake

14 - Joe Pool Lake

9 - Lake O' The Pines

26 - Lake Texoma

15 - Lavon Lake

23 - Somerville Lake

24 - Steinhagen Lake

25 - Stillhouse Hollow Lake

28 - Waco Lake

29 - Wallisville Lake

30 - Whitney Lake

31 - Wright Patman Lake

Customer Service Center Texas Parks and Wildlife4200 Smith School RdAustin, TX 78744512-389-8900

US A C f E i M d L k

http://corpslakes.usace.army.mil/visitors/states.cfm?state=TX

US Army Corps of Engineers Managed Lakes

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.

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USE OF FORCE & DEADLY FORCE“Opportunity has the uncanny habit of favoring those who have paid the price of years of preparation”

Unknown

“One of life’s most painful moments come when we must d i h did ’ d h k h

Capitol Area Practical Shooting

admit that we didn’t do our homework, that we are not prepared”

Merlin Olson

“A danger foreseen is half avoided”Thomas Fuller

Are you capable of using force or deadly force for self protection?

Questions To Ask Yourself

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.

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?

Do my personal moral standards permit taking a life in self-defense?

Am I prepared to tolerate the judgment of my family friends and


judgment of my family, friends, and neighbors if I must defend myself with lethal force?


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

Reasonable and Necessary Force

The minimum amount of lawful aggression sufficient for self protection or protection of a third person.

Legal Definitions

The US Supreme Court has further defined the

Reasonableness standard for all states in:Graham v. Connor

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Legal Definitions

Force

Resistance that in its actions alone will not cause death or serious bodily harm.

S h d b h b• Strength or energy exerted or brought to bear

• 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

Physical Force

The use of force not involving a weapon

Unarmed defensive tactics play a large role at his level

Legal Definitions

level

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 or injury, but is not intended to cause serious bodily o ju y, bu s o e ded o cause se ous bod y injury or death

• Baton

• Hands

• Less than lethal ammunition

• Pepper spray

• Taser

Legal Definitions

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 fof causing death or serious bodily injury.

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 h f d th i b dil i j t lf b d

Your Intent When Using Force or Deadly Force

you have of death or serious bodily injury to yourself based on the other persons unlawful use of deadly force against you.

Shooting to , while it may result in the other persons death, .

Shooting to kill is an option for a law abiding person.

Objective of Force or Deadly Force

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.

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WHITE Not aware of surroundings

Mental Alertness

White Not aware of surroundings

Yellow Aware of surroundings

Mental Alertness



Orange A heightened state of awareness

Mental Alertness

g g




Mental Alertness

g

Red Focused on problem




Mental Alertness

A heightened state of awareness

Red Focused on problem

Black State of Panic

200

180

Heart RateBeat per minute

Above 175 bpm-Irrational fight or flee-freezing-submissive behavior-voiding of bladder and bowels-gross motor skills(running, charging, at highest performance level)

220175 bpm:-cognitive processing deteriorates-vasoconstriction = reduced bleeding from wounds-Loss of peripheral vision (tunnel vision)-Loss of depth perceptionLoss of near vision

Condition

Black

Red

PsychologicalCondition

White

160

140

120

80

100

FIGHT - FLIGHT – FLEE OR SUBMIT!

115-145 bpmoptimal survival and

combat performance level-complex motor skills-visual reaction time-cognitive reaction time

-Loss of near vision-Auditory exclusion

145 bpm: Gross motor skills deteriorates-reloading-clearing malfunctions

115 bpm = Fine motor skills deteriorates-sight alignment & picture-trigger squeeze

60-80 bpm = normalResting heart rate

Orange

Yellow

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Mental steps in preparation to physical action

Analysis & Evaluation

Perception

Brain Sends Message to Body

Memory Motor Response

Formulate a Plan

Elements of Confrontation Process

Aggressor Mental Process

Physical Response

The defender will always be in a position of disadvantage unless they

have a plan in place and recognize the pre-incident indicators and

know what they mean

Victim Mental Process

Physical Response

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

Self Presentation

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

Verbalization

This is your command voice.

Verbal directions that leave no doubt as to you intent.

Good use of verbal de-escalation skills and conflict management tactics are used at this level to attempt to resolve the conflict in a peaceful manner.

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

How To Deal w/Verbal Aggression

one likely to be harmed? This would be useful if things ever went before the court system.

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.

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.

Intermediate Weapons

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Elements that need to be analyzed before using force are:

1. Number/size of attackers or gender2 Innocent bystanders/location

Use of Force Based on Perception

2. Innocent bystanders/location3. Weapons being used4. Mental states/perceived state of mind5. Lesser force options6. Alternatives available7. Offense committed8. Verbal communication

Benefits of Training

Advantages of Training

Confidence

Disadvantages of No Training

Lack of ConfidenceConfidence

Positive Outlook

Faster Reaction/Action Time

Lack of Confidence

Negative Outlook

Hesitation

5 Things To After “Using Deadly Force”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

What Happens After A Shooting?

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.

May have civil litigation against them for the use offorce whether criminal law prosecutes or not

Possibility of being arrested

What Happens After A Shooting?

Possibility of criminal charges being filed

Grand Jury appearance

Possible trial

Possible punishment

Possible psychological reactions following a traumatic event

Post traumatic stress disorder

Psychological Reactions

Anger

Flashbacks

Nightmares

Physical symptoms

Five Phases of Transition after atraumatic event

Denial- refusal to admit the incident

Phases of Transition

Anger- resentment of incident/self/other

Avoidance- wishing incident did not happen

Depression- often longest phase

Final Acceptance- begins to resume “normal” life

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Civil Action

Action brought to enforce, redress, or protect private rights (in general, any thing not criminal).

Legal Definitions

Criminal ActionCriminal 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.

Legal Definitions

G N liGross Negligence

An intentional or willful failure to perform an unmistakable duty in reckless disregard of the consequences.

Texas Penal Code Chapter 9

Subchapter AGeneral Provisions

The threat of force is justified when the use of force is justified by this

chapter. For purposes of this section, a threat to cause death or serious

bodily injury by the production of a weapon or otherwise, as long as the

actor’s purpose is limited to creating an apprehension that he will use

f f f f

Penal Code 9.04Threats of Justifiable Force

deadly force if necessary, does not constitute the use of deadly force.

Even though an actor is justified under this chapter in threatening or

using force or deadly force against another, if in doing so he also

recklessly injuries or kills an innocent third person, the justification

afforded by this chapter is unavailable in a prosecution of the reckless

f f

Penal Code 9.05Reckless Injury of Innocent Third Person

injury of killing of the innocent third person.

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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.

Penal Code 9.06Civil Remedies Unaffected

Subchapter BJustification Generally

(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.

(b) The other sections of this chapter control when force is used

Penal Code 9.21Public Duty

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.

(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

Penal Code 9.21Public Duty

(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.

Conduct is justified if:

(1) the actor reasonably believes the conduct is immediately necessary to avoid imminent harm;

(2) the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought

Penal Code 9.22Necessity

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.

Subchapter CProtection Of Persons

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(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

b i i d b bl if h

Penal Code 9.31Self Defense

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


(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;


(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);

(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 communicates to the


( ) , yother 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

(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) possessing or transporting a weapon in violation of Section


( ) p g p g p46.05.

(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 the actor reasonably believes the force


( ) g yis immediately necessary to protect himself against the peace officer's (or other person's) use or attempted use of greater force than necessary.

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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

Penal Code 9.31 Self Defense

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.

(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 deadly force is immediately necessary:

Penal Code 9.32Deadly Force in Defense of Person

y y 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.

(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);


(3) was not otherwise engaged in criminal activity, other than a


( ) g g y,Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.

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.

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 force or deadly force to protect

Penal Code 9.33Defense of Third Person

g y phimself 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

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(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.

(b) A person is justified in using both force and deadly force against

Penal Code 9.34Protection of Life or Health

( ) p j g y ganother 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.

Subchapter DProtection 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 l f ll d d f l d bl bl

Penal Code 9.41Protection of Property

(b) A person unlawfully dispossessed of land or tangible, movable 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.

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

Penal Code 9.42Deadly Force to Protect Property

(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

(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 property would expose the actor or another to a

Penal Code 9.42Deadly Force to Protect Property

p p y psubstantial risk of death or serious bodily injury

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

Penal Code 9.43Protection of Third Person’s Property

protect his own land or property and;

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(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:

Penal Code 9.43Protection of Third Person’s Property

(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.

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