Isn't it that if you are really in fear of imminent bodily harm, protecting against deadly force etc as justifies producing your weapon, that situation is likely so serious that it almost demands that you use it?gthaustex wrote:Didn't have the exact text in front of me when I wrote the above, but G26ster found what I was talking about in section 9.04. I think the confusion lies in the idea that you should not pull your weapon unless you are justified in using it. I agree. That said, it does not mean that you have to shoot. Whether you are justified in drawing goes back to the feelingG26ster wrote:JALLEN wrote:I thought the rule was never to display your weapon unless you were going to shoot (someone). None of this waving a gun around hollering "Stick 'em up or I'll shoot!" nonsense, like on TV.Sec. 9.04. THREATS AS JUSTIFIABLE FORCE. 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 deadly force if necessary, does not constitute the use of deadly force.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
threatened part above (meaning in fear for your life) and being able to clearly explain why you chose to take that action
I suppose ( and that is all I can do since I have yet to be in the situation in real life!) that when you decide you have to draw, are justified in shooting someone right then and there, that in that hopefully brief interval between decision and the "bang!" something could change your mind. Not usually, I would think, or maybe you are overreacting.
I'm kind of feeling my way along here, so I'm happy to hear all the views.