All good points guys...
I know that I'd never provoke a fist fight while carrying, and avoid one at all costs. My hypothetical was around getting jumped by someone, I suppose. But it looks like the best response is to treat it as any other attack and be prepared to draw, you can't assume to be able to defend yourself without doing so. The other guy may be a 6th degree black belt or MMA practitioner and cause some real damage regardless of size.
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- Sun Sep 25, 2011 10:42 am
- Forum: General Texas CHL Discussion
- Topic: Hypothetical Discussion
- Replies: 20
- Views: 2384
- Sun Sep 25, 2011 9:05 am
- Forum: General Texas CHL Discussion
- Topic: Hypothetical Discussion
- Replies: 20
- Views: 2384
Hypothetical Discussion
OK, here's a what-if question I'd like to get yous guys' opinion on:
I'm a fairly big guy (six four, 235), and given the "means-intent-ability" criteria for drawing my weapon, I'd have to be pretty much attacked by someone with a weapon of their own, or multiple people at once in order to justify pulling out my gun. Obviously, some dude coming up to fight it out with me bare handed would not consitute a situation where I could draw my weapon. My wife, on the other hand, is five three and 110, so if a guy my size attacks her the disparity of force in that situation would allow her to pull her gun (in the majority of juror's eyes, I would think).
So, say I'm carrying and some dude jumps me and we do get into a wrestling/fisticuffs match. In that situation, what if my gun falls out of it's holster (quite likely)? Or what if he gets his hands on it without even knowing it was there in the first place? Now there's a deadly weapon involved, which we're now going to be fighting over just because it's there.
Am I now justified in using it? On the "ability" part, he would now have the ability to wrestle the gun from me and do some serious damage, so it has now escalated to a life-or-death situation.
I'd appreciate any comments or thoughts on this scenario....
I'm a fairly big guy (six four, 235), and given the "means-intent-ability" criteria for drawing my weapon, I'd have to be pretty much attacked by someone with a weapon of their own, or multiple people at once in order to justify pulling out my gun. Obviously, some dude coming up to fight it out with me bare handed would not consitute a situation where I could draw my weapon. My wife, on the other hand, is five three and 110, so if a guy my size attacks her the disparity of force in that situation would allow her to pull her gun (in the majority of juror's eyes, I would think).
So, say I'm carrying and some dude jumps me and we do get into a wrestling/fisticuffs match. In that situation, what if my gun falls out of it's holster (quite likely)? Or what if he gets his hands on it without even knowing it was there in the first place? Now there's a deadly weapon involved, which we're now going to be fighting over just because it's there.
Am I now justified in using it? On the "ability" part, he would now have the ability to wrestle the gun from me and do some serious damage, so it has now escalated to a life-or-death situation.
I'd appreciate any comments or thoughts on this scenario....