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by srothstein
Tue Sep 09, 2008 2:24 pm
Forum: General Texas CHL Discussion
Topic: "Defense of a third party" question
Replies: 15
Views: 1978

Re: "Defense of a third party" question

The way I read the law, this could be very shaky ground. It is clear that the third person would not necessarily be jusitfied in using force himself (read section 9.31(b)(4) where it describes how you cannot use force against force that you provoked). The third person would clearly have to take some step to de-escalate or break off from the confrontation at this point.

And, in 9.33, you can use the same force to protect a third person that the third person could use. So, you would not be justified until the third person did something to de-escalate.

At the point you describe, I am not sure that you could justify the use of deadly force.

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