C-dub wrote:The very first CHL shooting in Texas was a little guy getting pounded on by a big guy. The little guy was able to get his gun and shoot and kill the big guy and he was "no billed."
When there is a disparity of force (multiple attackers against one, young against old, or big against little) we are justified in pulling our weapon out whether we use it or not. If you are in fear for your life you are justified in using deadly force. In this situation, I'm not sure if you would be justified in pulling your gun out before the guy started pounding on you, but if he did start pounding on you and you feared for your life then you're good to go.
IIRC, the decision on this case was due to repeated strikes to the head. From what was discussed in my class, if youre being pounded on, with fists, and not in the head, that isnt enough to justify deadly force. The way I see it, if myself or someone near by is facing imminent fatality, im using my weapon. Property can be replaced, although justified, im not equating material possessions to a man's life(unless ofcourse its in my home, or aggravated robbery, that threat includes property but also physical danger).