TexasCHLforum.com

cw3van wrote:

Jumping Frog wrote:

G26ster wrote:The statute says that production of a weapon is not deadly force, and you may do that when you may use force (not just deadly force). How can the statute expect you to display your weapon in response to "force" if you will then be charged with failure to conceal? It basically says that display of the weapon when force is justified is not deadly force.

You don't actually expect laws to make common sense, do you?

Hey, it is what it is. You can be charged with intentional failure to conceal if you display a handgun while under authority of your CHL. If you read further in that statute, there is an exception stating it is a defense to that crime if you displayed it when you are justified to use deadly force.

Using your handgun as ordinary force, as you are describing creating an apprehension of force, is not justified.

This is not the first time this topic has been discussed in these forums. The above has been stated by Mr. Cotton himself, who I'd consider to be a pretty reputable source.

Put about as well as it can be. As CHL Instructors we show a student the law if you need more as has been said here visit your attorney.

Jumping Frog wrote: Using your handgun as ordinary force, as you are describing creating an apprehension of force, is not justified.

un0fficial wrote:Can we please give a more... simple response, rather than "legal" speak?

Example:

"Yes, if someone draws a knife on you and you are in fear for your life, you can draw (but not discharge) your firearm in an attempt to make the threat run/leave without using deadly force."

OR

"No, if someone has a knife you cannot draw unless you're certain you're going to discharge to end the threat".


I'm sure I'll get a few "You were taught this in your class, you should remember this at all times" responses, but it's 2:10 in the morning and I'm tired, leave me alone! :P

Jumping Frog wrote:

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.

Creating the apprehension or threat of deadly force is fine if you are carrying on your own property, or using a deadly weapon other than a handgun.

But if you are carrying under the authority of your CHL, be advised that threatening deadly force when deadly force is not justified can still get you charged with intentional failure to conceal.

JALLEN wrote:I thought the rule was never to display your weapon unless you were going to shoot (someone). None of this waving a gun around hollering "Stick 'em up or I'll shoot!" nonsense, like on TV.

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.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.