Visiting Texas would I have the right to defend myself with a Texas residents firearm whom I&#39;m staying with? I will be visiting Texas and staying at my girlfriend's home. Would I have the right to defend myself with her firearm in the case of a burglary etc, or would I be in big trouble?
This is the Texas law pertaining to self defense, which says that "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". Relatively little of the law pertains to firearms, and none of it restricts the right to self-defense based on whether you are a resident, or you are using your own firearm vs. a borrowed one. The one provision, subsection (b)(5), that refers to firearms is an exception whereby force is not justified, namely 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 46.05. (Sect. 46.02 is about conditions unlawful carrying of weapons, which covers such things as under-age carrying of certain knives, or not having control of your weapon, or being a felon in possession, etc. 46.05 is about machine guns, explosives, zip guns etc.) Deadly force is covered by a separate section, 9.32, adding the requirement that the actor "reasonably believe[] the deadly force [to be] immediately necessary". (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. Note that "deadly force" is defined as "force that is intended or known by the actor to cause, or in the manner of its use or intended use is capable of causing, death or serious bodily injury". Sec. 9.33 likewise allows deadly force to be used analogously in defense of a third person, and intreestingly, in 9.34(b), "A person is justified in using both force and deadly force against another when and to the degree he reasonably believes the force or deadly force is immediately necessary to preserve the other's life in an emergency". In addition, deadly force can be justified in defense of property, per sec. 9.41, if you "reasonably believe[] the force [to be] immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property", and you may also use force to recover or re-enter the property (as long as the force is used "immediately or in fresh pursuit after the dispossession", and "the actor reasonably believes the other had no claim of right when he dispossessed the actor; or the other accomplished the dispossession by using force, threat, or fraud against the actor"). Sec. 9.42 then provides the possibility of justified use of deadly force in protection of property, if the force is immediately necessary (A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the 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 substantial risk of death or serious bodily injury. The short version is, if deadly force is justified in the particular circumstances, then deadly force with a borrowed weapon is justified. However, there are federal laws regarding non-resident aliens possessing firearms. 18 U.S.C. 922(g)(5)(B) says that It shall be unlawful for any person...who, being an alien (A) is illegally or unlawfully in the United States; or (B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)))...to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce Under subsection (y) there are exceptions for licensed hunters, government representatives etc. You can also petition the Attorney General for an exception. The point is that federal law would make possession of a firearm illegal for most visa types: here is the list.
What are our possibilities here? You could be sued for damages in Mexico, the country of origin of the copyright or any of the other signatories of the Berne Convention. You could also be charged with a criminal offence but that is less likely. how much can we get away with? Not a legal question. What you are proposing is illegal - how likely your getaway plan is to work is not for me to say. Is there any advantage on us being on México? No Is there any advantage on picking any either Dragon Ball or League of legends because of the country they are in? No Can they stop us from doing it? Yes
There are no cases interpreting the Second Amendment to have that meaning at this time. Even when regulations on corporate gun dealers are held unconstitutional, this holding, thus far, has always been because the regulations burden the rights of natural persons who own guns to bear arms. But, while corporations do not have the right themselves, they do have standing to bring suit regarding regulations of their corporations that burden the Second Amendment rights of their customers in a way that allegedly violated the right.
Firstly, your "apartment" doesn't prohibit anything; Your tenancy contract does. A terminology nitpick, but one that can shed some light on what is actually happening. TLDR: Your right to bear arms isn't being infringed, its being traded away. An unreasonable trade may be invalidated by the courts. Firearms restrictions are far less likely to be voided than speech content limitations. Yes, you have the right to bear arms(whatever exact meaning of that is). You also have the right to voluntarily agree to a binding agreement limiting that right, in exchange for a consideration. Compare a Non-Disclosure Agreement (NDA). You have the right to freedom in your speech: you also have the right to agree to binding limits on your freedom of speech, in return for consideration (such as money or access to information). Every contract is structured in the same general way: Party A agrees to do or avoid doing certain things, in exchange for Party B agreeing to do or avoid doing certain things. So, in essence, what the apartment contract says is, that you agree to do or not do some things (including paying rent), in return for your landlord temporarily granting you some rights(such as the right to reside(generally exclusive), the right to control the space, etc. ), and imposing some obligations on themselves (which vary from place to place). In your case, one of the things that you are trading is a limitation on your right to bear arms(note that you can still bear arms, just not on the property in question). Now one thing to note is that courts have the power to enforce contracts; they also have the power to void contracts, in part or in full, if they are illegal or "unconscionable". In general, restricting (the content of) speech is not reasonable (e.g. having a general noise level restriction is reasonable), so is more likely to be struck down than one restricting firearms on the rented property.
Every state requires at least two witnesses to a will unless it is entirely written in your own handwriting. A lawyer as a witness is fine. A spouse as a witness is not ideal as she would be an interested party if there was a dispute over whether it was executed. It may not be prohibited, but I would never do that in my practice ever. I discontinued a will signing just last week because we only had a lawyer and a spouse and not other witnesses. I would be somewhat concerned.
This is a deescalation tactic. By giving some ridiculous far out reason, the officer hopes to distract you from any combative or aggressive feelings you have about being stopped. You can do this too, if someone you think is getting progressively angrier might try and hurt you, bringing up something random forces their mind off their anger, even just for a moment. And sometimes, that's enough to avoid a conflict. As for the legality of telling you the reason, no they are not required to tell you the reason, as has been mentioned several times on stack exchange. If an officer says to himself, "I think this guy has crack on him because of X," and it's captured on his body cam, then he's covered. He can prove to the court that he did have reasonable suspicion to detain you, even if he later tells you, "I have a report of zombies in the area and I need to see your ID to determine if you have a death certificate."
Does the castle doctrine apply in getting them to leave? No Short Answer: Reasonable force may be used to remove the guest as they have become a trespasser - killing them in the circumstances described would be unreasonable and excessive force. Long Answer: The Texas Castle Doctrine, referred to as Deadly Force In Defence Of Person at section 9.32 of the State Penal Code, can only be used in response to another's use (or attempted use) of deadly force or to prevent certain violent crimes: (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 [Self Defence - see below]; and (2) when and to the degree the actor reasonably believes the deadly force is immediately necessary: (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 [...] Deadly Force is defined by section 9.01(3) to mean: ... force that is intended or known by the actor to cause, or in the manner of its use or intended use is capable of causing, death or serious bodily injury. Note that justification for the Self Defence provisions at section 9.31 expressly exclude such things as mere &quot;yelling and cussing&quot; but (if the circumstances are such) &quot;acting very unpredictable&quot; may be applicable if it meets the criterion for attempted unlawful force: (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. [...] (b) The use of force against another is not justified: (1) in response to verbal provocation alone; [...] However As the guest &quot;will not leave&quot; it can be safely assumed that their conditions of entry in to the house have been withdrawn making them a trespasser which is covered by the Protection Of One's Own Property provisions at section 9.41: (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. [...] My links to the Penal Code may not go directly to the section described, so a word search using the section numbers may be required.
No Section 18-1-704.5. (1) says that : The general assembly hereby recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes. (*emphasis added) Subsections (2), (3), and (4) all refer to &quot;any occupant of a dwelling&quot; as the class authorized to use force by this section. An offie is not a dwelling. Section 18-1-901. Definitions says: (g) &quot;Dwelling&quot; means a building which is used, intended to be used, or usually used by a person for habitation. Section Section 18-1-704 provides that: (1) Except as provided in subsections (2) and (3) of this section, a person is justified in using physical force upon another person in order to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he may use a degree of force which he reasonably believes to be necessary for that purpose. (2) Deadly physical force may be used only if a person reasonably believes a lesser degree of force is inadequate and: (a) The actor has reasonable ground to believe, and does believe, that he or another person is in imminent danger of being killed or of receiving great bodily injury; or (b) The other person is using or reasonably appears about to use physical force against an occupant of a dwelling or business establishment while committing or attempting to commit burglary as defined in sections 18-4-202 to 18-4-204; or (c) The other person is committing or reasonably appears about to commit kidnapping as defined in section 18-3-301 or 18-3-302, robbery as defined in section 18-4-301 or 18-4-302, sexual assault as set forth in section 18-3-402, or in section 18-3-403 as it existed prior to July 1, 2000, or assault as defined in sections 18-3-202 and 18-3-203.of person's authored by this law to use force Under that provision, the use of deadly force does not seem clearly justified. It is highly questionable that &quot;a lesser degree of force is inadequate&quot;. Any conclusion that the intruder represents an &quot;imminent use of unlawful physical force&quot; seems dubious, but I can't say what a court might find. This law is fairly recent, there may be no published case law for it.