TexasCHLforum.com

cb1000rider wrote:I understand why many people on this forum indicate that if they're going to display it, that they're going to use it... The current laws on the books seem to encourage that as the only "legal" play. I think there are a good number of cases were things could de-escalate somewhere between display and actually shooting someone.

Actually, current laws do not

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, just the display of a weapon does not constitute the use of deadly force, even if perceived that the actor will use it if necessary.

Hopefully he learned his lesson about not recklessly firing into the air due to being charged. Now, I would suggest he try to get any security camera video from the station he was gassing up at. This may help prove the necessity to use of force and pulling the gun. He might get lucky and end up with just probation. No matter if he gets off or is convicted, this bonehead mistake of firing the warning shotis gonna cost him a good chunk of money in legal fees.