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by Mavs00
Sat Feb 13, 2016 3:12 pm
Forum: General Texas CHL Discussion
Topic: Hand on open carried gun
Replies: 65
Views: 11823

Re: Hand on open carried gun

Javier730 wrote: If it's a legal CHLer who is carrying we are talking about, there is already a weapon in the equation.
Not if it's concealed. By "equation" I mean the overall circumstances/situation. If I'm walking around concealed, one would generally consider my weapon "out of general equation" for the general public purposes. It's goes without saying the for the concealer, it's always in the equation. That's the whole purpose for carrying.

Look, I'm not looking to start an argument here or quibble about semantics. I stated my understanding/opinion of the situation, which is the purpose of the forums.


**EDIT***
Since you are the OP, I will say that I don't have a issue with how the situation worked out. Bottom line, you got to go home and nothing bad happened. Thats really all that matters :cheers2:
by Mavs00
Sat Feb 13, 2016 2:59 pm
Forum: General Texas CHL Discussion
Topic: Hand on open carried gun
Replies: 65
Views: 11823

Re: Hand on open carried gun

joe817 wrote:
WildBill wrote:

I think you are confused.
I suggest you click the link and read the applicable laws http://www.statutes.legis.state.tx.us/S ... m/PE.9.htm


PC 9.04 says it all. Do we need to say more? End of discussion....QED... :deadhorse:
Oh no.... I totally understand what the law says, and whoever did the discharge would certainly have to justify their actions in court (which they probably would lose). I'm just talking about the practical (real world) response to someone seeing a weapon being pulled.... is likely all the excuse they would need to start shooting. Bottom line for me...... DO not introduce the weapon into the equation unless there is no other option.
by Mavs00
Sat Feb 13, 2016 2:39 pm
Forum: General Texas CHL Discussion
Topic: Hand on open carried gun
Replies: 65
Views: 11823

Re: Hand on open carried gun

IANAL, but my understanding to is that there is a distant difference in the eyes of the law between a "display" and "discharge" of a firearm here in TX. You are allowed to display (which is what the OP did) a firearm in any situation that you would be authorized to use "force" (such as punching the dude in the face). And depending on the jury, and the expertise of your lawyer, you likely be able to make a good case for use of force against two (or even one in some cases) persons continuing to approach you after you've given them fair warning to stop advancing on you. If you are and older person, slightly build female or it's late at night (etc....) and the person(s) approaching you is a big hulking male, you are probably MORE LIKELY to convince a DA or jury that you were authorized to use use force and you had a legitimate fear that the approaching person intended to harm you. However, that will ultimately be up to the jury. I DO NOT think that you would EVER be authorized the "use of force" (such as displaying your firearm) unless you have given fair warning to them to stop advancing on you if they have not made any overtly aggressive move towards you. In any situation, you would likely NEVER be authorized a use of deadly force (a discharge of your weapon), unless there is the threat of deadly force against you by the person, which would usually require a weapon to be displayed against you.

I would ALWAYS caution even DISPLAYING (which includes everything from showing it to pointing it at the threat) firearm, even if authorized to do so by law, unless absolutely necessary. If not for the legal ramifications, the simple displaying of a firearm by you, could represent the threat of "deadly force" to the person advancing, or even the not so aware LTC person pumping gas on the next pump over. In general, I would think that displaying a FA should be considered a last resort option in this case. Hell, if I was pumping gas like in this scenario, just remove the nozzle and threaten the dude with a solid dousing of gas or even a good ole fashion TX ass-whumping :txflag: if he came any further would deter anyone not intending to do you harm.

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