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by Seabear
Sun Aug 21, 2011 9:29 am
Forum: General Texas CHL Discussion
Topic: Flash Mob
Replies: 66
Views: 8291

Re: Flash Mob

Obviously the best solution would ber to escape if possible, however if that is not possible then some of the tactics listed above are good advise. When I read this question , the first thing that came to mind was that the mob was mobbing your business. With that in mind, the one thing that always comes to my mind as far as when is deadly force justified comes down to this highlighted BOLD portion of PC 9.42

PC §9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
justified in using deadly force against another to protect land or tangible,
movable property:
(1) if he would be justified in using force against the other under
Section 9.41; and
(2) when and to the degree he reasonably believes the deadly
force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary,
robbery, aggravated robbery, theft during the nighttime, or criminal
mischief during the nighttime; or
62 TEXAS CONCEALED HANDGUN LAWS
(B) to prevent the other who is fleeing immediately after committing
burglary, robbery, aggravated robbery, or theft during the nighttime
from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by
any other means; or
(B) the use of force other than deadly force to protect or recover
the land or property would expose the actor or another to a substantial
risk of death or serious bodily injury.


The whole section applies, however it is my decision that my use of deadly force will have to meet (B)

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