The Bad - Attacked by a Mountain Lion but illegal to display a weapon to shoot it

The Bad - Attacked by a Mountain Lion but illegal to display a weapon to shoot it

This is a discussion on The Bad - Attacked by a Mountain Lion but illegal to display a weapon to shoot it within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; So, in Texas, The Parks and Recreation Code make it illegal to display or discharge a weapon unless legally hunting. This may or may not ...

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Thread: The Bad - Attacked by a Mountain Lion but illegal to display a weapon to shoot it

  1. #1
    Member Array lordofwyr's Avatar
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    The Bad - Attacked by a Mountain Lion but illegal to display a weapon to shoot it

    So, in Texas, The Parks and Recreation Code make it illegal to display or discharge a weapon unless legally hunting. This may or may not be over ridden by the necessity clause in the Use of Force to protect life in the Penal Code, but then again, that is up to a judge now, isn't it.

    So, when a mountain lion attacks your 6 year old child in Big Bend, not on a trail, not in the wild, but on a sidewalk near the Park Lodge, you have to pull a knife and hope for the best.

    Mountain lion attacks 6-year-old at Big Bend | kvue.com Austin

    Thank you Antis for giving us stupid laws on the books like these. Sure, it is just a Class C ticket, but if it discourages carry and use for self defense, it still leaves people unarmed against whatever for they may face.
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    Attacking my grandson?
    Laws won't really matter much to me.
    Now I'm one for following all laws, but to save a life, I will do what has to be done and then let the news media and an attorney do my talking.OMOYMV
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    As long as it is not illegal to use a gun to defend yourself with, this would appear to be a contradictory law, thus it should be rendered null and void...unless you get a stupid judge.
    oneshot likes this.
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    Distinguished Member Array DontTreadOnI's Avatar
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    Quote Originally Posted by HotGuns View Post
    As long as it is not illegal to use a gun to defend yourself with, this would appear to be a contradictory law, thus it should be rendered null and void...unless you get a stupid judge.
    Or one against firearms use, one with an animal rights agenda, one that just doesn't feel like being fair that day, or one that feels like making an example out of you....yawn....thanks for our awesome legal system!
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    Quote Originally Posted by retsupt99 View Post
    Attacking my grandson?
    Laws won't really matter much to me.
    Now I'm one for following all laws, but to save a life, I will do what has to be done and then let the news media and an attorney do my talking.OMOYMV
    I'm with you on this one!
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    VIP Member Array mlr1m's Avatar
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    Not sure what I am supposed to be seeing on that link. Are you saying this attack was caused because of the Texas laws banning open carry? What am I missing?

    Michael
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    Self defense and defense of others should trump silly DNR rules in a court of law, at lease if I'm on the jury. When animal rights are made equal to human rights, and mountain lions are picked for jury duty, I'll have to find an excuse from serving.
    Inspector71 likes this.
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    To be honest, I don't really see this as an issue in Texas. Northern California - maybe............Texas, no.
    ErnieNWillis likes this.


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    Im with mlr1m on this one. I mean i am sorry for the boy, but where in the heck did SD, and the laws come into this? From what I read DNR said they would "take care" of the lion.... Im lost on this one....
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    The doctrine of "competing harms" I think comes into play here. The law does not intend for human lives to be lost by blindly following a fish and game law, or gun law. If a greater harm is avoided by breaking a law, sensible jurisprudence sides with the lesser harm. That's not a guarantee against prosecution, it's just an assertion of reasonable thinking.
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    Quote Originally Posted by lordofwyr View Post
    So, in Texas, The Parks and Recreation Code make it illegal to display or discharge a weapon unless legally hunting.
    Are you sure this applies to National Parks? We have laws regarding state and local parks that do not apply to National parks in NC. Just wondering out loud.

    What that article does not mention is that the dad stabbed the Mtn lion with a knife, a spyderco of some sort. Good for him. I wonder if he would have even had a shot with it on his kid. Tough call.
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    VIP Member Array suntzu's Avatar
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    I just have one question:

    How on earth did you tie this article to not being allowed to OC? You must be a writer for CNN with your "headline". Make it vague enough with no substance, then push for your agenda. One would think somebody got in trouble for defending themselves from an attack by brandishing a weapon which is clearly not the case. The article had zero to do with gun laws. If you are a proponent for OC I think you can find better examples that would benefit your cause. And you forget that you can CC and if attacked you would be justified.
    Hopyard likes this.

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    It's called "The Doctrine of Competing Harms." Which states that you should be allowed to break the law, if following the law would result in death or grave injury. It's not a law, but merely a legitimate argument to reason with the court if you are charged with breaking a particular law or statute.

    It's kind of like driving down a two lane highway with a double yellow line and a semi truck is coming at you head-on in your lane. The law states you are not to cross a double yellow line, and if you do, you can be ticketed for breaking the traffic laws. So, do you cross the line in order to avoid a certain blood bath, or do you foolishly remain in your lane and kill everyone in your car because you didn't want to break the known traffic law.

    Now most LEO's wouldn't be foolish enough to cite you for breaking that law if you did so to avoid a head-on collision. But those double yellow lines are there for a reason, and life safety is that reason.

    Now if a child is being mauled by a mountain lion, and you shoot the lion in order to save the child, even though you were technically in violation of the law, my attorney would be arguing for the "doctrine of competing harms" if some game warden cited me for hunting without a license, or hunting out of season.

    There was a recent case in which a guy in the NW shot a bear he claimed was endangering his children. Local authorities did not file any charges, however the Feds came in and cited him. Stirred up a lot of hoopla over that. The governor was outraged and in the end the Feds dropped the suit. However, if they hadn't, it would have been a good argument in defense for breaking the law. I forget exactly which state. It was Utah, Washington, or Idaho or one of the states in the North-West. There was an interesting thread about it here in the forums.
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    Something is not rite here. You have the rite to defend yourself. Am i missing something???
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    Quote Originally Posted by lordofwyr View Post
    So, in Texas, The Parks and Recreation Code make it illegal to display or discharge a weapon unless legally hunting. This may or may not be over ridden by the necessity clause in the Use of Force to protect life in the Penal Code, but then again, that is up to a judge now, isn't it.

    So, when a mountain lion attacks your 6 year old child in Big Bend, not on a trail, not in the wild, but on a sidewalk near the Park Lodge, you have to pull a knife and hope for the best.

    Mountain lion attacks 6-year-old at Big Bend | kvue.com Austin

    Thank you Antis for giving us stupid laws on the books like these. Sure, it is just a Class C ticket, but if it discourages carry and use for self defense, it still leaves people unarmed against whatever for they may face.
    IMO, you're not hunting...you're being hunted. If it were me, it would be unfortunate for the mountain lion, as he would have picked the wrong prey.
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