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by oljames3
Sun Aug 23, 2020 3:50 pm
Forum: General Texas CHL Discussion
Topic: Two riot situations not yet addressed
Replies: 25
Views: 18259

Re: Two riot situations not yet addressed

The law of self defense is not that complicated. Only up to five elements. Attorney Andrew Branca explains: https://lawofselfdefense.com/beginjourney/

The black letter of the law does not always mean what it seems to mean. How the law is applied is expressed in court decisions, especially appeals, and in jury instructions. If all you know is the statute you read, you do not know the law. However, the statute is a good place to start.

In general, you do not have to wait to be attacked in order to legally respond with force or deadly force. Justice Oliver Wendell Holmes, Brown v US, 9121: "Detached reflection cannot be demanded in the presence of an uplifted knife."

Rather, Texas Penal Code 9.31, 9.32, and 9.33 us the term "reasonably believes." Further, this statute uses the terms "unlawfully and with force entered, or was attempting", "unlawfully and with force removed, or was attempting", and "was committing or attempting to commit." https://statutes.capitol.texas.gov/SOTW ... m/PE.9.htm

The law does not require that we wait to be attacked. It does require that we act "reasonably." If you have questions, ask your attorney.

If you do not have one or cannot afford one, US-Texas-Law-Shield has many free videos discussing self defense and gun law in general and Texas law in particular. https://www.youtube.com/c/uslawshield/videos
They also publish a book after each Texas legislative session that explains the justice system process and Texas law in plain language. The price is $29.95. Amazon has higher prices. https://book.uslawshield.com/texas/

Attorney Andrew Branca has a free Facebook LIVE video each Thursday at 3pm Central. https://www.facebook.com/LawofSelfDefense/
Branca also posts a blog. Not all of his blog posts are open access, but many are. https://lawofselfdefense.com/blog/
Branca wrote the book, "The Law of Self Defense", with forward by Massad Ayoob. https://lawofselfdefense.com/product/la ... d-edition/
You carry a gun so you’re hard to kill.
Know the law so you’re hard to convict.
- Andrew Branca
by oljames3
Wed Aug 19, 2020 11:34 am
Forum: General Texas CHL Discussion
Topic: Two riot situations not yet addressed
Replies: 25
Views: 18259

Re: Two riot situations not yet addressed

There is hardly any downside to carrying OC (pepper) spray. Civilians do not "have to be sprayed" in order to carry it. When used defensively, it is seen as force, not deadly force. Thus, it is a good tool to have in your self defense tool box.

The biggest drawback is that OC is highly susceptible to wind. You must be mindful of the direction and force of air currents or risk exposing yourself or missing your target. I have my family members practice first with an inert trainer then with live OC. Works for us.

We carry either Sabre Red Mk6 or POM OC (both are sprays) depending on whether we want a larger or smaller form factor, respectively.

Another consideration is the delivery format; spray, gel, or fog. Each has its pros/cons, but the gel can take 30 seconds or more to take effect if you miss the eyes. Here is Chuck Haggard discussing OC and less than lethal tools.
https://www.youtube.com/playlist?list=P ... Pi5b2EDZhr

US/Texas-Law-Shield has recently done some webinars concerning civil unrest. https://www.youtube.com/c/uslawshield/search?query=riot

Before employing any use of force, it is important to understand the law of self defense. This is not part of the LTC class curriculum. Attorney Andrew Branca breaks it down. https://lawofselfdefense.com/beginjourney/

Branca also does a Facebook LIVE News/Q&A on Thursdays at 3pm Central. During the live session, you can type in questions on the topic of the law of self defense in general or the specific events in the video. https://www.facebook.com/LawofSelfDefense/

If you miss it, or just don't like Facebook, a recording will be available a day or so later at https://lawofselfdefense.com/blog/. The News/Q&A sessions are open access.
by oljames3
Sun Aug 09, 2020 1:22 am
Forum: General Texas CHL Discussion
Topic: Two riot situations not yet addressed
Replies: 25
Views: 18259

Re: Two riot situations not yet addressed

Ruark wrote: Sat Aug 08, 2020 10:58 pm
Rob72 wrote: Sat Aug 08, 2020 10:27 pm
2) Barring your way does not generally provide grounds for lethal force.
Nobody said it did. It's important here, and MANY fail to do this, to recognize the difference between "force" and "deadly force." If some are blocking me from walking down the sidewalk, am I justified in using FORCE against them?
Whether or not your use of force is justified is a question only a judge or a jury can answer.

Texas Penal Code 9.31 reads, in part, "... 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." https://statutes.capitol.texas.gov/SOTW ... 20himself.

I doubt a judge or jury would find you reasonable for using force against anyone who is simply blocking your way.

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