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My head just exploded!!! Overload, overload....

Charles L. Cotton wrote:GrillKing:

§9.04, this Section doesn’t authorize the threat of deadly force in response to a threat to use non-deadly force against you.

Charles, my mistake, I didn't read the law close enough. After reading your post and re-reading the law, I was clearly confused on force, threat of force, deadly force and threat of deadly force as applied in §9.04. It's sometimes difficult for us lay types to really understand the law when we read it ourselves.

However, it doesn't really matter to me as I have already predetermined I will only disclose / use my weapon when the use of deadly force is imminent or in progress. If I believe my life or the life of a loved one is in immediate danger and retreat is not reasonably possible, I will use whatever force is necessary that I am capable of to stop the threat. If I don't believe that level of danger immediately exists, the weapon stays put and we put distance between ourselves and what MAY (or may not) be a threat. I'm a firm believer that situational awareness is your #1 weapon, de-escalation (apologize, leave, whatever it takes) is #2, and the firearm is #last.

My $.02

Gary

First, I must say I would have avoided the situation described like the plague. Simply leave... I also have no intention of exposing or drawing my concealed weapon unless my life or that of a family or friend with me is in immediate danger and deadly force is justified. However, the law does seem to support exposing your weapon as a threat of deadly force when non-deadly force is threatened against you. From the Penal Code:

§ 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.

Also from § 9.31 of the PC:

(b) The use of force against another is not justified:
(1) in response to verbal provocation alone;

Thoughts???