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by Jumping Frog
Mon Jan 28, 2013 6:08 am
Forum: General Texas CHL Discussion
Topic: Qualify for CHL? Do I need it?
Replies: 35
Views: 4547

Re: Qualify for CHL? Do I need it?

JP171 wrote:glad you think so JF, try it a time or 2 and see what it really is, mmmm kay
I don't get your response? "Try it a time or two"? I was pretty clear that one needed to be justified in using deadly force before drawing a gun. How does your response invalidate that?
by Jumping Frog
Sun Jan 27, 2013 9:47 pm
Forum: General Texas CHL Discussion
Topic: Qualify for CHL? Do I need it?
Replies: 35
Views: 4547

Re: Qualify for CHL? Do I need it?

JP171 wrote:
The Annoyed Man wrote:There is no "brandishing law" in Texas.

There is a part of the CHL code which makes it illegal to "intentionally fail to conceal" your firearm. UNintentional failure to conceal is not illegal. but if you have to use your gun, then you must necessarily un-conceal it. I'm not going to take the time to quote you chapter and verse, but generally, it goes like this: If you thought you were legally justified in drawing to gun to use it in self-defense, and the other party suddenly discovers urgent business elsewhere, you're good to go—CAVEAT to follow. If you would not have been justified to use the gun, then you weren't justified in drawing it either.

CAVEAT: You can't draw the gun "as a warning." You have to reasonably believe that either you, or a third party whom you are defending, are being or are about to be assaulted by the BG. You can't draw a gun on someone who is giving you lip and tell him to move on or you'll bust a cap in his hindparts. IMPORTANT: If you DO have to draw your gun, even if you don't fire it, as soon as you can call 911 and tell them that someone threatened you and that you had to draw your weapon to protect yourself, no shots were fired, and the attacker left when he saw your gun. First person to make that phone call is the good guy, so you better be first.
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sorry TAM this is incorrect the law only requires you to have been legal at the force level to produce(pull) your weapon and force is what ever it takes to end the encounter, so if the BG is threatening you you may respond in kind by pulling your weapon, you do not have to be at the deadly threat level to pull your weapon
There is a subtlety that you are missing. Threatening deadly force is not the use of deadly force, it is simply "force", as I think you were alluding to.

However 42.035 clearly requires that someone is justified in using deadly force, or you face a Class A misdemeanor for intentional failure to conceal.

So it still comes down to a person must have justification to use deadly force before pulling their gun.

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