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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.

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

If someone pulls a knife on you, shoot them.

Is that simple enough?

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.

The first scenario is in a gray area for me. Someone hitting the window hard enough to break it would cause fear for most. The display of a weapon is a threat of deadly force, which is not the same as the use of deadly force.

Do not overlook that displaying a handgun is intentional failure to conceal. We are only justified to display the handgun when we are justified to use deadly force.

To the OP, if he tries to open the door or breaks the window, then the "with force" attempted entry of your vehicle. At that moment, then someone's use of deadly force would be "presumed reasonable".

For scenario 2, that is aggravated robbery. Deadly force is justified.

The exact language that supports the use of deadly force is included in the link provided in the previous post.