TexasCHLforum.com

Oldgringo wrote:

WildBill wrote:

thetexan wrote:I don't take it personal and I apologize for snide remarks.

You're a good man wildbill. You keep me on my toes

Thank you, sir.
It is my nature to challenge and question things that don't seem right or make sense to me.
I try to keep everyone on their toes. And other forum members try to keep me on mine.

Speaking of which, how'd that thing with you and Jane work out?

thetexan wrote:I don't take it personal and I apologize for snide remarks.

You're a good man wildbill. You keep me on my toes

Javier730 wrote:

WildBill wrote:

thetexan wrote:Ok. The context for what I was stating is the same. And, please, feel free to post you in depth analysis of the statute at your convenience.

The purpose of my posts is to clarify facts and impart some knowledge to the forum members, not to belittle you.
You seem to take some of my comments as personal insults to you and respond with snide comments.
I can't help it if that is your reaction.
If you are aren't willing to take them as constructive, then my in depth analysis on any subject would be futile.
I will still continue to make my posts for those who are willing to read them.
Hopefully some of the forum members will gain some insight and knowledge about the subjects that are discussed.

I'm willing to read them!

thetexan wrote:Ok. The context for what I was stating is the same. And, please, feel free to post you in depth analysis of the statute at your convenience.

thetexan wrote:You are correct. The word is belief. My mistake. Fear is a belief however, but belief is the word.

So your point is?

thetexan wrote:

FCH wrote:

Mavs00 wrote:...as him just using his fists on you hardly justifies feeling that your life is in "danger"...

I strongly disagree. When a full grown man is coming at you with his fists, you can definitely be killed.

The law requires a reasonable fear requiring an immediately necessary use of deadly force, only when and only to the extent necessary to avoid the injury or death. AS LONG AS THAT FEAR REQUIRING THE IMMEDIATE NECESSITY TO AVOID SERIOUS BODILY INJURY OR DEATH IS REASONABLE it doesn't matter if he's coming at you with a fist, a pillow, a nerf bat, or a feather boa! And would certainly include any instrument of deadly force.

AS LONG AS YOUR FEAR IS REASONABLE.

GlassG19 wrote:

Javier730 wrote:I would suggest not stepping out of your vehicle at all. Roll up your windows, have your firearm low and ready if you believe you might need it and try to get away safely when you get a chance. I see no reason to step out.

The only reason one would step out is to have a verbal or physical altercation with the other guy.

Redneck_Buddha wrote:

george wrote:Agreeing with Javier.......why were you out of your car?

Hypothetically. :)

george wrote:Agreeing with Javier.......why were you out of your car?

Javier730 wrote:I would suggest not stepping out of your vehicle at all. Roll up your windows, have your firearm low and ready if you believe you might need it and try to get away safely when you get a chance. I see no reason to step out.

Jusme wrote:

WildBill wrote:

CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 14. ARREST WITHOUT WARRANT

Art. 14.01. OFFENSE WITHIN VIEW. (a) A peace officer or any other person, may, without a warrant,
arrest an offender when the offense is committed in his presence or within his view, if the offense is
one classed as a felony or as an offense against the public peace.

I agree there is statutory law " allowing" one to make an arrest, however, if the person leaves/flees etc.. the OP would not be justified in using deadly force. While the law may allow you to affect an arrest, with the given scenario, I would err on the side of caution and allow the attacker to leave. It gets real sticky between citizen's arrest and unlawful detention/restraint.

CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 14. ARREST WITHOUT WARRANT

Art. 14.01. OFFENSE WITHIN VIEW. (a) A peace officer or any other person, may, without a warrant,
arrest an offender when the offense is committed in his presence or within his view, if the offense is
one classed as a felony or as an offense against the public peace.