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sjfcontrol wrote:I think you need to look up the meaning of the word "apprehension" -- it does NOT mean an arrest. (At least in this case, it doesn't.)

Apprehension: The seizure, taking, or arrest of a person on a criminal charge.

Ruark wrote:Midgard, remember that under Texas law, simply displaying or drawing your gun to demonstrate that you will use it if necessary is NOT considered to be deadly force. It is seen as just "force." If the other continues using force towards you after that, it can really put you in a conundrum, especially if he is not openly displaying a weapon.

Actually, displaying your handgun IS deadly force unless you are making a citizen's arrest per the code below.

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.

So, unless he is making an apprehension (and I don't see where the drunk in the scenario is breaking a law to justify a citizen's arrest), he may not produce the handgun, legally, unless deadly force is justified.

cz75texas wrote:Scenario 1:

It's 11PM and you and your wife arrive to a soon closing convenient store. The parking lot is sparse but you recognize a man approaching customers leaving the store as you pull up. As you park he approaches your door before you can open it. He is clearly intoxicated begins to ask for spare change. You kindly say you are broke and walk into the store and purchase your items. As you are walking back to your vehicle the man approaches once more and becomes increasingly persistent and places himself between you and your door. Trying to avoid a confrontation, you and your wife take a few steps back to distance yourself and assess the situation. The man begins to walk quickly at you. What do you do? Do you have a secondary weapon appropriate for this situation? Or are you banking on the hope that this drunk man finds your pocket pistol intimidating and high tails it?

I am by no means, shape, or form a professional. Just a Texas CHL holder with some real world concerns.

CZ, I can give you the perspective of a Texas Police Officer. I will address this scenario based solely on what you have written, nothing more. In order to be justified in using deadly force, as it was pointed out:
Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON. (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:
(A) to protect the actor against the other's use or attempted use of unlawful deadly force;

Your scenario doesn't seem to show the drunk using or attempting to use deadly force. Drawing your handgun would not likely be justified.

As too using other means of force, you MIGHT be justified. Force (not deadly force) is justified:
Sec. 9.31. SELF-DEFENSE. (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 drunk simply walking toward you, would not be, by itself, him using or attempting to use force against you. You would have to be able to articulate why you felt he would use force or deadly force against you.

Could you have simply walked back into the store?
Could you have shouted out for him to stop?
Could you have called 911?
Maybe OC-Pepper spray could be used, but only if 9.31 above is justified.
TASER is another option, but must be justified under 9.31 as well.

I teach use of force to Police, Security and CHL students. It is a main part of my Civilian OC and TASER courses as well. Knowing when you are justified in using force is primary point. But realizing one doesn't always have to use force (i.e. avoiding the confrontation) is something many people forget.